[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: 29CFR784.107]

[Page 673]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 784_PROVISIONS OF THE FAIR LABOR STANDARDS ACT APPLICABLE TO FISHING 
AND OPERATIONS ON AQUATIC PRODUCTS--Table of Contents
 
Subpart B_Exemptions Provisions Relating to Fishing and Aquatic Products
 
Sec. 784.107  Relationship of employee's work to operations on the 
specified aquatic products.

    It is also necessary to the application of the exemptions that the 
operation of which the employee's work is a part be performed on the 
marine products named in the Act. Thus the operations described in 
section 13(a)(5) must be performed with respect to ``any kind of fish, 
shellfish, crustacea, sponges, seaweeds, or other aquatic forms of 
animal and vegetable life.'' The operations enumerated in section 
13(b)(4) must be performed with respect to ``any kind of fish, 
shellfish, or other aquatic forms of animal or vegetable life, or any 
byproduct thereof''. Work performed on products which do not fall within 
these descriptions is not within the exemptions (Fleming v. Hawkeye 
Pearl Button Co., 113 F. 2d 52; Mitchell v. Trade Winds, Inc., 289 F. 2d 
278; Walling v. Haden, 153 F. 2d 196).