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Part 780-Interpretative Bulletin on Agriculture, Processing of Agricultural Commodities and Related Subjects

Subpart A-Agriculture

§ 780.0 Introductory statement—(a) Significance of subpart. (1) The Fair Labor Standards Act of 19381 (hereinafter referred to as the act) applies to employees who are engaged in interstate or foreign commerce or in the production of goods for such commerce, including occupations closely related and directly essential thereto. It provides for minimum rates of pay for straight time and overtime pay at a rate not less than one and one-half times the regular rate of pay for overtime hours worked. Section 13 (a) (6) of the act exempts from its minimum wage and overtime provisions "any employee employed in agriculture or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for profit, or operated on a share-crop basis, and which are used exclusively for supply and storing of water for agricultural purposes". The act also contains prohibitions directed against the employment of oppressive child labor. Section 13 (c) provides an exemption from the act's child labor provisions for "any employee employed in agriculture outside of school hours for the school district where such employee is living while he is so employed". The term "agriculture", as used in these exemptions is defined in section 3 (f) of the act.

(2) This subpart contains the interpretations of the Department of Labor' as to what constitutes "agriculture" for purposes of sections 13 (a) (6) and 13 (c) and the scope and meaning of the terms used in the section 13 (a) (6) exemption relating to irrigation activities. These interpretations of the law are set forth herein to provide “a practical guide to employers and employees as to how the office representing the public interest in its enforcement will seek to apply it." These interpretations indicate the construction of the law which the Secretary of Labor and the Administrator believe to be correct and which will guide them in the performance of their duties under the act unless and until they are otherwise directed by authoritative decisions of the courts or conclude upon reexamination of an interpretation, that it is incorrect.

(3) The interpretations contained in this subpart are interpretations on which reliance may be placed as provided in section 10 of the Portal-to-Portal Act, so long as they remain effective and are not modified, amended,

1 29 U. S. C. 201-219, 251-262.

2 Under Reorganization Plan No. 6 of 1950 and pursuant to General Order No. 45A issued by the Secretary of Labor on May 24, 1950, interpretations of the provisions (other than the child labor provisions) of the act are issued by the Administrator of the Wage and Hour Division. See 15 F. R. 3290.

Under Reorganization Plan No. 2 of 1946 (11 F. R. 7873) effective July 16, 1946, and pursuant to General Order No. 42, issued by the Secretary of Labor on July 1, 1949, interpretations of the child labor provisions of the act are issued by the Secretary of Labor.

3 Skidmore v. Swift & Co., 323 U. S. 134.

29 U. S. C. 251-262 discussed in Part 790 (general statement on effect of Portal-to-Portal Act of 1947) of this chapter.

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rescinded, or determined by judicial authority to be incorrect.

(b) Scope of subpart. As indicated, this subpart deals with sections 3 (f) and 13 (a) (6) of the act. To the extent that the term "agriculture" as defined in section 3 (f) is involved in the section 13 (c) child labor exemption, the discussion contained in this subpart is applicable. The meaning and scope of the child labor coverage and exemption provisions are discussed in Subpart G of Part 4 of this title. Included in this subpart is a discussion of that portion of section 3 (f) which refers to forestry or lumbering operations. Also included is a discussion of the application of the definition in section 3 (f) to the employees of farmers' cooperative associations. This subpart, however, does not include a discussion of the exemptions provided by sections 13 (a) (10), 13 (b) (5), 7 (c) and 7 (b) (3) which deal with various operations and practices performed with respect to certain agricultural and farm commodities. These exemptions will be discussed in separate subparts. Neither does this subpart deal with the general coverage of the wage and hour provisions of the act. The problem of general coverage is dealt with in Part 776 of this chapter.

(c) Earlier interpretations superseded. This subpart supersedes all rulings, interpretations, or enforcement policies that are inconsistent with any portion hereof.'

§ 780.1 Statutory provisions-(a) Exemptions for agriculture and certain irrigation activities. (1) Section 13 (a) (6) of the act exempts from the minimum wage requirements of section 6 and the maximum hours provisions of section 7 "any employee employed in agriculture or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for profit, or operated on a share-crop basis, and which are used exclusively for supply and storing of water for agricultural purposes".

(2) Section 13 (c) exempts from the child labor requirements of section 12 "any employee employed in agriculture outside of school hours for the school district where such employee is living while he is so employed" (see sec. 4.123 of [the interpretative bulletin on child labor] Subpart G of Part 4 of this title).

(b) Definition of "agriculture". Section 3 (f) defines "agriculture" as follows:

“Agriculture" includes farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural com

617 F. R. 2712.

12 F. R. 5961. See 780.0 (a).

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modities (including commodities defined as agricultural commodities in section 15 (g) of the Agricultural Marketing Act, as amended), the raising of livestock, bees, furbearing animals, or poultry, and 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.

§ 780.2 Method of construing the 13 (a) (6) exemption. Like other exemptions provided by the act, the section 13 (a) (6) exemption is narrowly construed." Accordingly, an employee is considered an exempt agricultural or irrigation employee if, but only if, his work falls clearly within the specific language of section 3 (f) or section 13 (a) (6).

§ 780.3 Employee basis of exemption under 13 (a) (6). (a) Section 13 (a) (6) exempts "any employee employed in ***". It is clear from this language that it is the activities of the employee rather than those of his employer which ultimately determine the application of the exemption. Thus the exemption may not apply to some employees of an employer engaged almost exclusively in activities within the exemption, and it may apply to some employees of an employer engaged almost exclusively in other activities. But the burden of effecting segregation between exempt and non-exempt work as between different groups of employees is upon the employer.

(b) Although the activities of the individual employee, as distinguished from those of his employer, constitute the ultimate test for applying the exemption, it is necessary in some instances to examine the activities of the employer. For example, in resolving the status of the employees of an irrigation company for purposes of the agriculture exemption, the United States Supreme Court found it necessary to consider the nature of the employer's activities."

$780.4 Workweek standard under 13 (a) (6). The workweek is the unit of time to be taken as the standard in determining the applicability of section 13 (a) (6). An employee's workweek is a fixed and regularly recurring period of 168 hours-seven consecutive 24-hour periods. It need not coincide with the calendar week. If in any workweek an employee does only exempt work he is exempt from the wage and hour provisions of the act during that workweek, irrespective of the nature of his work in any other workweek or workweeks. An employee may thus be exempt in one workweek and not in the next. But the burden of effecting segregation between exempt and nonexempt work as between particular workweeks is upon the employer.

$780.5 Exempt, nonexempt and noncovered work during a workweek under 13 (a) (6). (a) The wage and hour requirements of the act do not apply to an employee during any workweek in which a portion of his activities

8 Phillips, Inc. v. Walling, 334 U. S. 490; Bowie v. Gonzales, 117 F. 2d 11; Calaf v. Gonzales, 227 F. 2d 934; Fleming v. Hawkeye Pearl Button Co., 113 F. 2d 52; Fleming v. Swift, 41 F. Supp. 825; Miller Hatcheries v. Boyer, 131 F. 2d 283; Walling v. Friend, 156 F. 2d 429.

• Farmers Irrigation Co. v. McComb, 337 U. S. 755.

fall within section 13 (a) (6) if all of the remainder of his activities are not covered by the act.

(b) Where exempt and nonexempt work is involved, the general rule is that if in any workweek an employee performs exempt work and other work which is covered and not exempt, the wage and hour requirements do apply to him during that workweek.10

(c) The combination (“tacking") of exempt work under section 13 (a) (6) with exempt work under another section is permitted. The wage and hour requirements are not considered applicable to an employee who does work within section 13 (a) (6) for only part of a workweek if all of the covered work done by him during the remainder of the workweek is within one or more equivalent exemptions under other provisions of the act. If the scope of such exemptions is not the same, however, the exemption applicable to the employee is equivalent to that provided by whichever exemption provision is more limited in scope. For instance, an employee who devotes part of a workweek to work within section 13 (a) (6) and the remainder to work exempt under section 7 (c) must receive the minimum wage but is not required to be paid time and one-half for his overtime work during that week. Each activity is tested separately under the applicable exemption as though it were the sole activity of the employee for the whole workweek in question. The availability of a combination exemption depends on whether the employee meets all the requirements of each exemption which it is sought to combine.

§ 780.6 How modern specialization affects the scope of agriculture. The effect of modern specialization on agriculture has been discussed by the United States Supreme Court as follows:

Whether a particular type of activity is agricultural depends, in large measure, upon the way in which that activity is organized in a particular society. The determination cannot be made in the abstract. In less advanced societies the agricultural function includes many types of activity which, in others, are not agricultural. The fashioning of tools, the provision of fertilizer, the processing of the product, to mention only a few examples, are functions which, in some societies, are performed on the farm by farmers as part of their normal agricultural routine. Economic progress, however, is characterized by a progressive division of labor and separation of function. Tools are made by a tool manufacturer, who specializes in that kind of work and supplies them to the farmer. The compost heap is replaced by factory produced fertilizers. Power is derived from electricity and gasoline rather than supplied by the farmer's mules. Wheat is ground at the mill. In this way functions which are necessary to the total economic process of supplying an agricultural product, become, in the process of economic development and specialization, separate and independent productive functions operated in conjunction with the agricultural function but no longer a part

10 Jordan v. Stark Bros. Nurseries, 45 F. Supp. 769; McComb V. Puerto Rico Tobacco Marketing Co-op Ass'n, 80 F. Supp. 953, affirmed 181 F. 2d 697; Walling v. Peacock Corp., 58 F. Supp.

880-883.

of it. Thus the question as to whether a particular type of activity is agricultural is not determined by the necessity of the activity to agriculture nor by the physical similarity of the activity to that done by farmers in other situations. The question is whether the activity in the particular case is carried on as part of the agricultural function or is separately organized as an independent productive activity. The farmhand who cares for the farmer's mules or prepares his fertilizer is engaged in agriculture. But the maintenance man in a power plant and the packer in a fertilizer factory are not employed in agriculture, even if their activity is necessary to farmers and replaces work previously done by farmers. The production of power and the manufacture of fertilizer are independent productive functions, not agriculture."

$780.7 The section 3 (f) definition. (a) Section 3 (f) of the act contains a very comprehensive definition of the term "agriculture." The definition has two distinct branches. First, there is the primary meaning. This includes farming in all its branches. Listed as being included "among other things" in the primary meaning are certain specific farming operations such as cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural or horticultural commodities and the raising of livestock, bees, fur-bearing animals or poultry. If an employee is employed in any of these activities, he is exempt regardless of whether he is employed by a farmer or on a farm.

(b) Then there is the secondary meaning of the term. The second branch includes operations other than those which fall within the primary meaning of the term. It includes any practices, whether or not they are themselves farming practices, which are performed either by a farmer or on a farm as an incident to or in conjunction with "such" farming operations.12

§ 780.8 General statement on primary agriculture. The discussion in §§ 780.8 to 780.13 relates to the activities which exempt an employee who is employed in “agriculture" within its "primary" meaning." Within this meaning of "agriculture," employees employed in the listed activities, generally characterizable as direct farming operations, are exempt without qualification from both the minimum wage and overtime pay provisions. Thus when an employee is engaged in direct farming operations included in the primary definition of "agriculture", the purpose of the employer in performing the operations is immaterial. For example, where an employer owns a factory and a farm and operates the farm only for experimental purposes in connection with the factory, those employees who devote all their time during a particular workweek to the direct farming operations, such as the growing and harvesting of agricultural commodities, are nevertheless exempt from the act's wage and hour requirements during that workweek. It is also immaterial whether the agricultural or horticultural commodities are grown in enclosed houses, as in green houses or mushroom cellars, or in an open field. Similarly, the mere

11 Farmers Irrigation Co. v. McComb, 337 U. S. 755 cf. Manaja V. Waialua Agricultural Co., 349 U. S. 254.

12 Farmers' Irrigation Co. v. McComb, 337 U. S. 755.

13 See $780.7 as to the "primary" branch of the definition of "agriculture" under section 3 (f).

fact that production takes place in a city or on industrial premises, such as in hatcheries, rather than in the country or on premises possessing the normal characteristics of a farm makes no difference.1

§ 780.9 Farming in all its branches. The language "farming in all its branches" includes all activities, whether listed in the definition or not, which constitute farming or a branch thereof under the facts and circumstances. Unlike the specifically enumerated operations, the phrase "farming in all its branches" does not clearly indicate its scope. In determining whether an operation constitutes "farming in all its branches", it may be necessary to consider various circumstances such as the nature and purpose of the operations of the employer, the character of the place where the employee performs his duties, the general types of activities there conducted, and the purpose and function of such activities with respect to the operations carried on by the employer. The determination may involve a consideration of the principles contained in § 780.6. For example, based on the facts and circumstances, it is reasonable to regard the raising or cultivation of angleworms or earthworms for sale to farmers for use in improving the physical condition of the soil as within the term "farming in all its branches". On the other hand, the raising of crickets for fish bait is not a branch of "farming", and is not exempt. So-called "bird dog" operations of the citrus fruit industry consisting of the purchase of fruit unsuitable for packing and of the transportation and sale of the fruit to canning plants do not qualify as "farming". Consequently, employees engaged in such operations are not exempt." However, employees gathering the fruit at the groves are exempt because they are engaged in harvesting operations. 8 780.10 Cultivation and tillage of the soil. "Cultivation and tillage of the soil" includes all the operations necessary to prepare a suitable seedbed, eliminate weed growth and improve the physical condition of the soil. Thus, grading or leveling land or removing rock or other matter to prepare the ground for a proper seed bed, or building terraces on farmland to check soil erosion are included. The application of water," fertilizer or limestone to farmland is also included. Employees engaged in the commercial production and distribution of fertilizer are not exempt."

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as separating cream from milk, bottling milk and cream, or making butter and cheese may be exempt when performed by a farmer or on a farm if they are not performed

14 Jordan v. Stark Brothers Nurseries & Orchards Co., 45 F. Supp. 769; Miller Hatcheries v. Boyer, 131 F. 2d 283; Damutz v. Pinchbeck, Inc., 158 F. 2d 882.

15 Chapman v. Durkin, 214 F. 2d 360; Fort Mason Fruit Co. v. Durkin, 214 F. 2d 363.

16 Irrigation employees not exempt on this ground may be exempt under other provisions. See in this connection § 778.14 of this chapter and § 780.21. Also see Farmers Irrigation Co. v. McComb, 337 U. S. 755.

17 McComb v. Super-A Fertilizer Works, 155 F. 2d 824.

on milk produced by other farmers or produced on other farms.18

§ 780.12 Production, cultivation, growing, and harvesting of any agricultural or horticultural commodities—(a) Production, cultivation, and growing. (1) The word "production" was added to the definition of "agriculture" in order to take care of a special situation-the production of turpentine and gum rosins by a process involving the tapping of living trees.19 To insure the inclusion of this process within the definition, the word "production" was added to section 3 (f) in conjunction with the words “including commodities defined as agricultural commodities in section 15 (g) of the Agricultural Marketing Act, as amended." 20 It is clear, therefore, that "production" is not used in section 3 (f) in the artificial and special sense in which it is defined in section 3 (j). It does not exempt an employee merely because he is engaged in a closely related process or occupation directly essential to the production of agricultural or horticultural commodities. To so construe the term would render unnecessary the remainder of what Congress clearly intended to be a very elaborate and comprehensive definition of “agriculture"." The words "production, cultivation, growing" describe actual raising operations which are normally intended or expected to produce specific agricultural or horticultural commodities. The raising of such commodities is included even though done for purely experimental purposes. The "growing" may take place in growing media other than soil as in the case of hydroponics.

(2) The words do not include operations performed subsequent to actual harvesting operations. Neither do they include operations undertaken or conducted for purposes not concerned with obtaining any specific agricultural or horticultural commodity. Thus operations which are merely preliminary, preparatory or incidental to the operations whereby such commodities are actually produced are not within the terms “production, cultivation, growing". For example, employees of a processor of vegetables who are engaged in buying vegetable plants and distributing them to farmers with whom their employer has acreage contracts are not engaged in the "production, cultivation, growing" of agricultural or horticultural commodities. The furnishing of mushroom spawn by a canner of mushrooms to growers who supply the canner with mushrooms grown from such spawn does not constitute the "growing" of mushrooms. larly, employees of an employer who is engaged in servicing insecticide sprayers in the farmer's orchard and employees engaged in such operations as the testing of soil or genetics research are not included within the terms.22

Simi

(b) Harvesting. The term "harvesting" as used in section 3 (f) includes all operations customarily performed

18 See 88 780.14 to 780.20.

19 See S. Rep. No. 230, 71st Cong., 2 Sess. (1930); H. R. Rep. No. 2738, 75th Cong., 3d Sess. p. 29 (1938).

20 The legislative history of this part of the definition was considered by the United States Supreme Court in Farmers Irrigation Co. v. McComb, 337 U. S. 755.

21 Farmers Irrigation Co. v. McComb, 337 U. S. 755; Walling v. Friend, 156 F. 2d 429.

22 However, see 88 780.14 to 780.20 for possible exemption on other grounds.

in connection with the removal of the crops by the farmer from their growing position." Examples include the cutting of grain," the picking of fruit, the stripping of bluegrass seed, and the digging up of shrubs and trees grown in a nursery. "Harvesting" does not extend to operations subsequent to and unconnected with the actual process whereby agricultural or horticultural commodities are severed from their attachment to the soil or otherwise reduced to possession. For example, the processing of sugar cane into raw sugar 25 or the vining of peas" are not included. While transportation to a concentration point on the farm may be included, "harvesting" never extends to transportation or other operations off the farm."

(c) Agricultural or horticultural commodities. (1) "Agricultural or horticultural commodities" refers to commodities resulting from the application of agricul tural or horticultural techniques. Insofar as the term refers to products of the soil, it means commodities that are planted and cultivated by man. Among such commodities are the following: grains, forage crops, fruits, vegetables, nuts, sugar crops, fibre crops, tobacco, and nursery products. Thus, employees engaged in growing wheat, corn, hay, onions, carrots, sugarcane, seed, or any other agricultural or horticultural commodity are engaged in “agriculture". In addition to such products of the soil, however, the term includes domesticated animals and some of their products such as milk, wool, eggs, and honey. The term does not include commodities produced by industrial techniques, by exploitation of mineral wealth or other natural resources, or by uncultivated natural growth. Accordingly, employees engaged in the gathering or harvesting of wild commodities such as mosses, wild rice, burls and laurel plants, the trapping of wild animals, or the appropriation of minerals and other uncultivated products from the soil are not employed in "the production, cultivation, growing, and harvesting of agricultural or horticultural commodities". However, the fact that plants or other commodities actually cultivated by man are of a species which ordinarily grows wild without being cultivated does not preclude them from being classed as "agricultural or horticultural commodities". Transplanted branches which were cut from plants growing wild in the field or forest are included within the term. Cultivated blueberries are also included.

(2) Seeds and seedlings of agricultural and horticultural plants are also considered "agricultural or horticultural commodities". Thus, since mushrooms and beans are considered "agricultural or horticultural commodi

Vives v. Serralles, 145 F. 2d 552, quoted this definition with approval and held that employees engaged on a plantation in gathering sugar cane as soon as it had been cut, loading it, and transporting the cane to a concentration point on the farm are engaged in "harvesting."

The combining of grain is exempt either as harvesting or as practice performed on a farm in conjunction with or as an incident to farming operations. See in this connection, Wyatt v. Holtville Alfalfa Mills, 12 W. H. Cases 635; 28 Labor Cases, par. 69, 437 (C. A. 9).

25 Bowie v. Gonzales, 117 F. 2d 11.

20 For a further discussion on the exempt status of vining employees, see § 780.17.

Chapman v. Durkin, 214 F. 2d 360; Fort Mason Fruit Co. v. Durkin, 214 F. 2d 363-off-the-farm transportation can only be "agriculture" when performed by the farmer as an incident to his farming operations. For a further discussion of this point, see §§ 780.19, 780.20 (e) and (f).

ties", the spawn of mushrooms and bean sprouts are also so considered and the production, cultivation, growing and harvesting of mushroom spawn or bean sprouts is within the meaning of section 3 (f).

(3) Trees grown in forests and the lumber derived therefrom are not "agricultural or horticultural commodities". Christmas trees, whether wild or planted, are also not so considered." It follows that employment in the production, cultivation, growing, and harvesting of such trees or timber products is not sufficient to bring an employee within section 3 (f) unless the operation is performed by a farmer or on a farm as an incident to or in conjunction with farming operations. On the latter point, see § 780.20 (b) which discusses the question of when forestry or lumbering operations are incident to or in conjunction with farming operations so as to constitute "agriculture".

(d) Commodities included by reference to the Agricultural Marketing Act. (1) Section 3 (f) expressly provides that the term "agricultural or horticultural commodities" shall include the commodities defined as agricultural commodities in section 15 (g) of the Agricultural Marketing Act, as amended." Section 15 (g) of that act provides: “As used in this act, the term 'agricultural commodity' includes, in addition to other agricultural commodities, crude gum (oleoresin) from a living tree, and the following products as processed by the original producer of the crude gum (oleoresin) from which derived: Gum spirits of turpentine, and gum resin, as defined in the Naval Stores Act, approved March 3, 1923." 30 As defined in the Naval Stores Act, "gum spirits of turpentine' means spirits of turpentine made from gum (oleoresin) from a living tree" and "gum rosin' means rosin remaining after the distillation of gum spirits of turpentine". The production of these commodities is therefore within the definition of "agriculture".

(2) Since the only oleoresin included within section 15 (g) of the Agricultural Marketing Act is that derived from a living tree, the production of oleoresin from stumps or any sources other than living trees is not within section 3 (f). If turpentine or rosin is produced in any manner other than the processing of crude gum from living trees, as by digging up pine stumps and grinding them or by distilling the turpentine with steam from the oleoresin within or extracted from the wood, the production of the turpentine or rosin is not included in section 3 (f). Similarly, the production of gum turpentine or gum rosin is not included when these are produced by anyone other than the original producer of the crude gum from which they are derived. Thus, if a producer of turpentine or rosin from oleoresin from living trees makes such products not only from oleoresin produced by him but also from oleoresin delivered to him by others, he is not producing a product defined as an agricultural commodity and employees engaged in his production operations are not exempt.31 It is to be noted, however, that the production of gum turpentine and gum rosin from

28 See Part 788 of this chapter (on exemption for forestry or logging operations in which not more than 12 employees are employed).

12 U. S. C. 1141-1141j.

20 7 U. S. C. 91-99.

31 For an explanation of the inclusion of the word "production" in section 3 (f), see paragraph (a) of this section.

crude gum (oleoresin) derived from a living tree is exempt when performed at a central still for and on account of the producer of the crude gum. But where central stills buy the crude gum they process and are the owners of the gum turpentine and gum rosin that are derived from such crude gum and which they market for their own account, the production of such gum turpentine and gum rosin is not exempt.

§ 780.13 The raising of livestock, bees, fur-bearing animals or poultry—(a) General statement. Employees are employed in the raising of livestock, bees, fur-bearing animals or poultry only if their operations relate to animals of the type named and constitute the "raising" of such animals. If these two requirements are met, it makes no difference for what purpose the animals are raised or where the operations are performed. For example, the fact that the cattle are raised to obtain serum or virus or chicks are hatched in a commercial hatchery does not affect the exempt status of the operations.

(b) Raising of livestock—(1) General. (i) The meaning of the term "livestock" as used in section 3 (f) is confined to the ordinary use of the word and includes only domestic animals ordinarily raised or used on farms." The term includes the following animals, among others: cattle (both dairy and beef cattle), sheep, swine, horses, mules, jackasses, and goats. It does not include such animals as albino and other rats, mice, guinea pigs and hamsters, which are ordinarily used by laboratories for research purposes.

(ii) 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 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 be regarded as "raising" livestock."

(2) Race horses. Employees engaged in the breeding, raising and training of horses on farms for racing purposes are exempt. Included are such employees as grooms, attendants, exercise boys, and watchmen employed at the breeding or training farm. On the other hand, employees

32 That Congress did not use this term in its generic sense is supported by the specific enumeration of activities, such as the raising of fur-bearing animals, which would be included in the generic meaning of the word.

33 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 exempt.

34 National Labor Relations Board v. Tovrea Packing Co., 111 F. 2d 626 (C. A. 9), cert. denied 311 U. S. 668. Walling v. Friend, 156 F. 2d 429.

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