[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: 29CFR780.128]

[Page 529]
 
                             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. 780.128  General statement on ``secondary'' agriculture.

    The discussion in Sec. Sec. 780.106 through 780.127 relates to the 
direct farming operations which come within the ``primary'' meaning of 
the definition of ``agriculture.'' As defined in section 3(f) 
``agriculture'' includes not only the farming activities described in 
the ``primary'' meaning but also includes, in its ``secondary'' meaning, 
``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.'' 
The legislative history makes it plain that this language was 
particularly included to make certain that independent contractors such 
as threshers of wheat, who travel around from farm to farm to assist 
farmers in what is recognized as a purely agricultural task and also to 
assist a farmer in getting his agricultural goods to market in their raw 
or natural state, should be included within the definition of 
agricultural employees (see Bowie v. Gonzalez, 117 F. 2d 11; 81 Cong. 
Rec. 7876, 7888).