[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: 29CFR780.134]

[Page 576]
 
                             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. 780.134  Performance ``on a farm'' generally.

    If a practice is not performed by a farmer, it must, among other 
things, be performed ``on a farm'' to come within the secondary meaning 
of ``agriculture'' in section 3(f). Any practice which cannot be 
performed on a farm, such as ``delivery to market,'' is necessarily 
excluded, therefore, when performed by someone other than a farmer (see 
Farmers Reservoir Co. v. McComb, 337 U.S. 755; 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). Thus, employees of an alfalfa 
dehydrator engaged in hauling chopped or unchopped alfalfa away from the 
farms to the dehydrating plant are not employed in a practice performed 
``on a farm.''