[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: 29CFR780.132]

[Page 530-531]
 
                             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. 780.132  Operations must be performed ``by'' a farmer.

    ``Farmer'' includes the employees of a farmer. It does not include 
an employer merely because he employs a farmer or appoints a farmer as 
his agent to do the actual work. Thus, the stripping of tobacco, i.e., 
removing leaves from the stalk, by the employees of an independent 
warehouse is not a practice performed ``by a farmer'' even though the 
warehouse acts as agent for the tobacco farmer or employs the farmer in 
the stripping operations. One who merely performs services or supplies 
materials for farmers in return for compensation in money or farm 
products is not a ``farmer.'' Thus, a person who provides credit and 
management services to farmers cannot qualify as a ``farmer'' on that 
account. Neither can a repairman who repairs and services farm machinery 
qualify as

[[Page 531]]

a ``farmer'' on that basis. Where crops are grown under contract with a 
person who provides a market, contributes counsel and advice, make 
advances and otherwise assists the grower who actually produces the 
crop, it is the grower and not the person with whom he contracts who is 
the farmer with respect to that crop (Mitchell v. Huntsville Nurseries, 
267 F. 2d 286).