[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: 29CFR784.110]

[Page 629]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 784_PROVISIONS OF THE FAIR LABOR STANDARDS ACT APPLICABLE TO FISHING 
AND OPERATIONS ON AQUATIC PRODUCTS--Table of Contents
 
Subpart B_Exemptions Provisions Relating to Fishing and Aquatic Products
 
Sec. 784.110  Performing operations both on nonaquatic products and 
named aquatic products.

    By their terms, sections 13(a)(5) and 13(b)(4) provide no exemption 
with respect to operations performed on any products other than the 
aquatic products named in these subsections (see Sec. 784.107). 
Accordingly, neither of the exemptions is applicable to the making of 
any commodities from ingredients only part of which consist of such 
aquatic products, if a substantial amount of other products is contained 
in the commodity so produced (compare Walling v. Bridgeman-Russell Co., 
6 Labor Cases 61, 422, 2 WH Cases 785 (D. Minn.) and Miller v. 
Litchfield Creamery Co., 11 Labor Cases 63, 274, 5 WH Cases 1039 (N.D. 
Ind.), with Mitchell v. Trade Winds, Inc., 289 F. 2d 278). Thus, the 
first processing, canning, or processing of codfish cakes, clam chowder, 
dog food, crab cakes, or livestock food containing aquatic products is 
often not exempt within the meaning of the relevant exemptions.