[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: 29CFR780.121]

[Page 527-528]
 
                             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. 780.121  What constitutes ``raising'' of livestock.

    The term ``raising'' employed with reference to livestock in section 
3(f) includes such operations as the breeding, fattening, feeding, and 
general care of livestock. Thus, employees exclusively engaged in 
feeding and fattening livestock in stock pens where the livestock 
remains for a substantial period of time are engaged in the ``raising'' 
of livestock. The fact that the livestock is purchased to be fattened 
and is not bred on the premises does not characterize the fattening as 
something other than the ``raising'' of livestock. The feeding and care 
of livestock does not necessarily or under all circumstances constitute 
the ``raising'' of such livestock, however. It is clear, for example, 
that animals are not being ``raised'' in

[[Page 528]]

the pens of stockyards or the corrals of meat packing plants where they 
are confined for a period of a few days while en route to slaughter or 
pending their sale or shipment. Therefore, employees employed in these 
places in feeding and caring for the constantly changing group of 
animals cannot reasonably beregarded as ``raising'' livestock (NLRB v. 
Tovrea Packing Co., 111 F. 2d 626, cert. denied 311 U.S. 668; Walling v. 
Friend, 156 F. 2d 429). Employees of a cattle raisers' association 
engaged in the publication of a magazine about cattle, the detection of 
cattle thefts, the location of stolen cattle, and apprehension of cattle 
thieves are not employed in raising livestock and are not engaged in 
agriculture.