[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR780.116]

[Page 570]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 780_EXEMPTIONS APPLICABLE TO AGRICULTURE, PROCESSING OF AGRICULTURAL 
 
                 Subpart B_General Scope of Agriculture
 
Sec. 780.116  Commodities included by reference to the Agricultural 
Marketing Act.

    (a) Section 3(f) expressly provides that the term ``agricultural or 
horticultural commodities'' shall include the commodities defined as 
agricultural commodities in section 15(g) of the Agricultural Marketing 
Act, as amended (12 U.S.C. 1141-1141j). Section 15(g) of that Act 
provides: ``As used in this act, the term `agricultural commodity' 
includes, in addition to other agricultural commodities, crude gum 
(oleoresin) from a living tree, and the following products as processed 
by the original producers of the crude gum (oleoresin) from which 
derived: Gum spirits of turpentine, and gum resin, as defined in the 
Naval Stores Act, approved March 3, 1923'' (7 U.S.C. 91-99). As defined 
in the Naval Stores Act, `` `gum spirits of turpentine' means spirits of 
turpentine made from gum (oleoresin) from a living tree'' and `` `gum 
rosin' means rosin remaining after the distillation of gum spirits of 
turpentine.'' The production of these commodities is therefore within 
the definition of ``agriculture.''
    (b) Since the only oleoresin included within section 15(g) of the 
Agricultural Marketing Act is that derived from a living tree, the 
production of oleoresin from stumps or any sources other than living 
trees is not within section 3(f). If turpentine or rosin is produced in 
any manner other than the processing of crude gum from living trees, as 
by digging up pine stumps and grinding them or by distilling the 
turpentine with steam from the oleoresin within or extracted from the 
wood, the production of the turpentine or rosin is not included in 
section 3(f).
    (c) Similarly, the production of gum turpentine or gum rosin is not 
included when these are produced by anyone other than the original 
producer of the crude gum from which they are derived. Thus, if a 
producer of turpentine or rosin from oleoresin from living trees makes 
such products not only from oleoresin produced by him but also from 
oleoresin delivered to him by others, he is not producing a product 
defined as an agricultural commodity and employees engaged in his 
production operations are not agricultural employees. (For an 
explanation of the inclusion of the word ``production'' in section 3(f), 
see Sec. 780.117(b).) It is to be noted, however, that the production 
of gum turpentine and gum rosin from crude gum (oleoresin) derived from 
a living tree is included within section 3(f) when performed at a 
central still for and on account of the producer of the crude gum. But 
where central stills buy the crude gum they process and are the owners 
of the gum turpentine and gum rosin that are derived from such crude gum 
and which they market for their own account, the production of such gum 
turpentine and gum rosin is not within section 3(f).

   ``Production, Cultivation, Growing, and Harvesting'' of Commodities