[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: 29CFR780.118]

[Page 526-527]
 
                             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. 780.118  ``Harvesting.''

    (a) The term ``Harvesting'' as used in section 3(f) includes all 
operations customarily performed in connection with

[[Page 527]]

the removal of the crops by the farmer from their growing position 
(Holtville Alfalfa Mills v. Wyatt, 230 F. 2d 398; NLRB v. Olaa Sugar 
Co., 242 F. 2d 714). Examples include the cutting of grain, the picking 
of fruit, the stripping of bluegrass seed, and the digging up of shrubs 
and trees grown in a nursery. Employees engaged on a plantation in 
gathering sugarcane as soon as it has been cut, loading it, and 
transporting the cane to a concentration point on the farm are engaged 
in ``Harvesting'' (Vives v. Serralles, 145 F. 2d 552).
    (b) The combining of grain is exempt either as harvesting or as a 
practice performed on a farm in conjunction with or as an incident to 
farming operations. (See in this connection Holtville Alfalfa Mills v. 
Wyatt, 230 F. 2d 398.) ``Harvesting'' does not extend to operations 
subsequent to and unconnected with the actual process whereby 
agricultural or horticultural commodities are severed from their 
attachment to the soil or otherwise reduced to possession. For example, 
the processing of sugarcane into raw sugar (Bowie v. Gonzalez, 117F. 2d 
11, and see Maneja v. Waialua, 349 U.S. 254), or the vining of peas are 
not included. For a further discussion on vining employees, see Sec. 
780.139. While transportation to a concentration point on the farm may 
be included, ``harvesting'' never extends to transportation or other 
operations off the farm. Off-the-farm transportation can only be 
``agriculture'' when performed by the farmer as an incident to his 
farming operations (Chapman v. Durkin, 214 F. 2d 360 cert. denied 348 
U.S. 897; Fort Mason Fruit Co. v. Durkin, 214 F. 2d 363 cert. denied 348 
U.S. 897). For further discussion of this point, see Sec. Sec. 780.144 
through 780.147; Sec. Sec. 780.152 through 780.157.

       Raising of Livestock, Bees, Fur-bearing Animals, or Poultry