[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR570.70]

[Page 279-280]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 570_CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF INTERPRETATION
--Table of Contents
 
 Subpart E-1_Occupations in Agriculture Particularly Hazardous for the 
               Employment of Children Below the Age of 16
 
Sec. 570.70  Purpose and scope.

    Authority: Secs. 12, 13, 18, 52 Stat. 1067, 1069, as amended; 29 
U.S.C. 212, 213, 218.


    (a) Purpose. Section 13(c)(2) of the Fair Labor Standards Act of 
1938, as amended (29 U.S.C. 213(c)(2)) states that the ``provisions of 
section 12 [of the Act] relating to child labor shall apply to an 
employee below the age of 16 employed in agriculture in an occupation 
that the Secretary of Labor finds and declares to be particularly 
hazardous for the employment of children below the age of 16, except 
where such employee is employed by his parent or by a person standing in 
the place of his parent on a farm owned or operated by such parent or 
person.'' The purpose of this subpart is to apply this statutory 
provision.
    (b) Exception. This subpart shall not apply to the employment of a 
child below the age of 16 by his parent or by a person standing in the 
place of his parent on a farm owned or operated by such parent or 
person.
    (c) Statutory definitions. As used in this subpart, the terms 
agriculture, employer, and employ have the same meanings as the 
identical terms contained in section 3 of the Fair Labor Standards Act 
of 1938, as amended (29 U.S.C. 203), which are as follows:
    (1) Agriculture includes farming in all its branches and among other 
things includes the cultivation and tillage of soil, dairying, the 
production, cultivation, growing, and harvesting of any agricultural or 
horticultural commodities (including commodities defined as agricultural 
commodities in section 15(g) of the Agricultural Marketing Act, as 
amended), the raising of livestock, bees, fur-bearing animals, or 
poultry, and any practices (including any forestry or lumbering 
operations) performed by a farmer or on a farm as an incident to or in 
conjunction with such farming operations, including preparation for 
market, delivery to storage or to market or to carriers for 
transportation to market.
    (2) Employer includes any person acting directly or indirectly in 
the interest of an employer in relation to an employee but shall not 
include the United States or any State or political subdivision of a 
State (except with respect to employees of a State or a political 
subdivision thereof, employed:
    (i) In a hospital, institution, or school referred to in the last 
sentence of section (r) of the Act, or

[[Page 280]]

    (ii) In the operation of a railway or carrier referred to in such 
sentence), or any labor organization (other than when acting as an 
employer), or anyone acting in the capacity of officer or agent of such 
labor organization.
    (iii) Employ includes to suffer or permit to work.

[35 FR 221, Jan. 7, 1970, as amended at 35 FR 2822, Feb. 11, 1970. 
Redesignated at 36 FR 25156, Dec. 29, 1971]