[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: 29CFR780.122]

[Page 572-573]
 
                             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. 780.122  Activities relating to race horses.

    Employees engaged in the breeding, raising, and training of horses 
on farms for racing purposes are considered agricultural employees. 
Included are such employees as grooms, attendants, exercise boys, and 
watchmen employed at the breeding or training farm. On the other hand, 
employees engaged in the racing, training, and care of horses and other 
activities performed off the farm in connection with commercial racing 
are not employed in agriculture. For this purpose, a training track at a

[[Page 573]]

racetrack is not a farm. Where a farmer is engaged in both the raising 
and commercial racing of race horses, the activities performed off the 
farm by his employees as an incident to racing, such as the training and 
care of the horses, are not practices performed by the farmer in his 
capacity as a farmer or breeder as an incident to his raising 
operations. Employees engaged in the feeding, care, and training of 
horses which have been used in commercial racing and returned to a 
breeding or training farm for such care pending entry in subsequent 
races are employed in agriculture.