[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: 29CFR780.115]

[Page 525]
 
                             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. 780.115  Forest products.

    Trees grown in forests and the lumber derived therefrom are not 
``agricultural or horticultural commodities.'' Christmas trees, whether 
wild or planted, are also not so considered. It follows that employment 
in the production, cultivation, growing, and harvesting of such trees or 
timber products is not sufficient to bring an employee within section 
3(f) unless the operation is performed by a farmer or on a farm as an 
incident to or in conjunction with his or its farming operations. On the 
latter point, see Sec. Sec. 780.160 through 780.164 which discuss the 
question of when forestry or lumbering operations are incident to or in 
conjunction with farming operations so as to constitute ``agriculture.'' 
For a discussion of the exemption in section 13(a)(13) of the Act for 
certain forestry and logging operations in which not more than eight 
employees are employed, see part 788 of this chapter.