[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: 29CFR784.108]

[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. 784.108  Operations not included in named operations on forms of 
aquatic ``life.''

    Since the subject matter of the exemptions is concerned with 
``aquatic forms of animal and vegetable life,'' the courts have held 
that the manufacture of buttons from clam shells or the dredging of 
shells to be made into lime and cement are not exempt operations because 
the shells are not living things (Fleming v. Hawkeye Pearl Button Co., 
113 F. 2d 52; Walling v. Haden, 153 F. 2d 196, certiorari denied 328 
U.S. 866). Similarly, the production of such items as crushed shell and 
grit, shell lime, pearl buttons, knife handles, novelties, liquid glue, 
isinglass, pearl essence, and fortified or refined fish oil is not 
within these exemptions.