[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: 29CFR780.120]

[Page 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. 780.120  Raising of ``livestock.''

    The meaning of the term ``livestock'' as used in section 3(f) is 
confined to the ordinary use of the word and includes only domestic 
animals ordinarily raised or used on farms. That Congress did not use 
this term in its generic sense is supported by the specific enumeration 
of activities, such as the raising of fur-bearing animals, which would 
be included in the generic meaning of the word. The term includes the 
following animals, among others: Cattle (both dairy and beef cattle), 
sheep, swine, horses, mules, donkeys, and goats. It does not include 
such animals as albino and other rats, mice, guinea pigs, and hamsters, 
which are ordinarily used by laboratories for research purposes 
(Mitchell v. Maxfield, 12 WH Cases 792 (S.D. Ohio), 29 Labor Cases 68, 
781). Fish are not ``livestock'' (Dunkly v. Erich, 158 F. 2d 1), but 
employees employed in propagating or farming of fish may qualify for 
exemption under section 13(a)(6) or 13(b)(12) of the Act as stated in 
Sec. 780.109 as well as under section 13(a)(5), as explained in part 
784 of this chapter.