[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: 29CFR780.118]

[Page 571-572]
 
                             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. 780.118  ``Harvesting.''

    (a) The term ``Harvesting'' as used in section 3(f) includes all 
operations customarily performed in connection with the removal of the 
crops by the farmer from their growing position (Holtville Alfalfa Mills 
v. Wyatt, 230 F. 2d 398; NLRB v. Olaa Sugar Co., 242 F. 2d 714). 
Examples include the cutting of grain, the picking of fruit, the 
stripping of bluegrass seed, and the digging up of shrubs and trees 
grown in a nursery. Employees engaged on a plantation in gathering 
sugarcane as soon as it has been cut, loading it, and transporting the 
cane to a concentration point on the farm are engaged in ``Harvesting'' 
(Vives v. Serralles, 145 F. 2d 552).
    (b) The combining of grain is exempt either as harvesting or as a 
practice performed on a farm in conjunction with or as an incident to 
farming operations. (See in this connection Holtville Alfalfa Mills v. 
Wyatt, 230 F. 2d 398.) ``Harvesting'' does not extend to operations 
subsequent to and unconnected with the actual process whereby 
agricultural or horticultural commodities are severed from their 
attachment to the soil or otherwise reduced to possession. For example, 
the processing of sugarcane into raw sugar (Bowie v. Gonzalez, 117 F. 2d 
11, and see Maneja v. Waialua, 349 U.S. 254), or the vining of peas are 
not included. For a further discussion on vining employees, see Sec. 
780.139. While transportation to a concentration point on the farm may 
be included, `TT`TharvestingT'TT' never extends to transportation or 
other operations off

[[Page 572]]

the farm. Off-the-farm transportation can only be ``agriculture'' when 
performed by the farmer as an incident to his farming operations 
(Chapman v. Durkin, 214 F. 2d 360 cert. denied 348 U.S. 897; Fort Mason 
Fruit Co. v. Durkin, 214 F. 2d 363 cert. denied 348 U.S. 897). For 
further discussion of this point, see Sec. Sec. 780.144 through 
780.147; Sec. Sec. 780.152 through 780.157.

       Raising of Livestock, Bees, Fur-bearing Animals, or Poultry