[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: 29CFR780.135]

[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. 780.135  Meaning of ``farm.''

    A ``farm'' is a tract of land devoted to the actual farming 
activities included in the first part of section 3(f). Thus, the 
gathering of wild plants in the woods for transplantation in a nursery 
is not an operation performed ``on a farm.'' (For a further discussion, 
see Sec. 780.207.) The total area of a tract operated as a unit for 
farming purposes is included in the ``farm,'' irrespective of the fact 
that some of this area may not be utilized for actual farming operations 
(see NLRB v. Olaa Sugar Co., 242 F. 2d 714; In re Princeville Canning 
Co., 14 WH Cases 641 and 762). It is immaterial whether a farm is 
situated in the city or in the country. However, a place in a city where 
no primary farming operations are performed is not a farm even if 
operated by a farmer (Mitchell v. Huntsville Nurseries, 267 F. 2d 286).