29 C.F.R. § 780.112

General meaning of “agriculture or horticultural commodities.”

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Section 3(f) of the Act defines as “agriculture” the “production, cultivation, growing, and harvesting” of “agricultural or horticultural commodities,” and employees employed in such operations are engaged in agriculture. In general, within the meaning of the Act, “agricultural or horticultural commodities” refers to commodities resulting from the application of agricultural 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, fiber crops, tobacco, and nursery products. Thus, employees engaged in growing wheat, corn, hay, onions, carrots, sugar cane, 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. For example, peat humus or peat moss is not an agricultural commodity. Wirtz v. Ti Ti Peat Humus Co., 373 f(2d) 209 (C.A.4).

Notes of Decisions

Cited in 4 cases, 1982–2015 · leading case: Bojorquez-Moreno v. Shores & Ruark Seafood Co., 92 F. Supp. 3d 459 (E.D. Va. 2015).

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Bojorquez-Moreno v. Shores & Ruark Seafood Co., 92 F. Supp. 3d 459 (E.D. Va. 2015). · cites it 2× “§ 203 (f), or “cultivation, growing, and harvesting” and “products of the soil,” 29 C.F.R. § 780.112 , which reflect a focus on land-raised products.”

Dagoberto Morante-Navarro v. T&Y Pine Straw, Inc., 350 F.3d 1163 (11th Cir. 2003). “The DOL excludes, however, commodities produced by exploitation of natural resources or by uncultivated natural growth, such as peat moss.”

John Barks v. Silver Bait LLC, 802 F.3d 856 (6th Cir. 2015). · cites it 2× “” 29 C.F.R. § 780.112 . The Department lists “[gjrains, forage crops, fruits, vegetables, nuts, sugar crops, fiber crops, tobacco, and nursery products” as examples of products of the soil, and “milk, wool, eggs, and honey” as qualifying products of domesticated ani *863 mals.”

Donovan v. Frezzo Bros., 678 F.2d 1166 (3rd Cir. 1982). · cites it 2× “29 C.F.R. § 780.112 . The regulations draw a distinction between producing and processing an agricultural commodity.”

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