[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: 29CFR780.131]

[Page 530]
 
                             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. 780.131  Operations which constitute one a ``farmer.''

    Generally, an employer must undertake farming operations of such 
scope and significance as to constitute a distinct activity, for the 
purpose of yielding a farm product, in order to be regarded as a 
``farmer.'' It does not necessarily follow, however, that any employer 
is a ``farmer'' simply because he engages in some actual farming 
operations of the type specified in section 3(f). Thus, one who merely 
harvests a crop of agricultural commodities is not a ``farmer'' although 
his employeeswho actually do the harvesting are employed in 
``agriculture'' in those weeks when exclusively so engaged. As a general 
rule, a farmer performs his farming operations on land owned, leased, or 
controlled by him and devoted to his own use. The mere fact, therefore, 
that an employer harvests a growing crop, even under a partnership 
agreement pursuant to which he provides credit, advisory or other 
services, is not generally considered to be sufficient to qualify the 
employer so engaged as a ``farmer.'' Such an employer would stand, in 
packing or handling the product, in the same relationship to the produce 
as if it were from the fields or groves of an independent grower. One 
who engaged merely in practices which are incidental to farming is not a 
``farmer.'' For example, a company which merely prepares for market, 
sells, and ships flowers and plants grown and cultivated on farms by 
affiliated corporations is not a ``farmer.'' The fact that one 
hassuspended actual farming operations during a period in which he 
performs only practices incidental to his part or prospective farming 
operations does not, however, preclude him from qualifying as a 
``farmer.'' One otherwise qualified as a farmer does not lose his status 
as such because he performs farming operations on land which he does not 
own or control, as in the case of a cattleman using public lands for 
grazing.