29 C.F.R. § 780.126

Contract arrangements for raising poultry

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

Feed dealers and processors sometimes enter into contractual arrangements with farmers under which the latter agree to raise to marketable size baby chicks supplied by the former who also undertake to furnish all the required feed and possibly additional items. Typically, the feed dealer or processor retains title to the chickens until they are sold. Under such an arrangement, the activities of the farmers and their employees in raising the poultry are clearly within section 3(f). The activities of the feed dealer or processor, on the other hand, are not “raising of poultry” and employees engaged in them cannot be considered agricultural employees on that ground. Employees of the feed dealer or processor who perform work on a farm as an incident to or in conjunction with the raising of poultry on the farm are employed in “secondary” agriculture (see §§ 780.137 et seq. and Johnston v. Cotton Producers Assn., 244 F. 2d 553).

Notes of Decisions

Cited in 5 cases, 1975–2003 · leading case: Holly Farms Corp. v. Nat'l Labor Relations Bd., 517 U.S. 392 (1996).

Sort: Relevance Newest Treatment

Holly Farms Corp. v. Nat'l Labor Relations Bd., 517 U.S. 392 (1996). · cites it 6× “" 29 CFR § 780.126 (1995). This regulation suggests that live-haul crews surely are not engaged in a primary farming operation.”

Bayside Enter., Inc. v. Nat'l Labor Relations Bd., 429 U.S. 298 (1977). “Employees of the feed dealer or processor who perform work on a farm as an incident to or in conjunction with the raising of poultry on the farm are employed in ‘secondary’ agriculture (see §§ 780.137 et seq., [explaining that work must be performed in connection with the…”

United States v. Nat'l Broiler Mktg. Ass'n, 550 F.2d 1380 (5th Cir. 1977). “29 C.F.R. § 780.126 . 37 . See note 30 supra.”

Jimenez v. Duran, 287 F. Supp. 2d 979 (N.D. Iowa 2003). “] 29 C.F.R. § 780.126 . Like Holly Farms , this regulation suggests that a party under contract to perform “primary” agriculture, such as “raising of .”

Nat'l Labor Relations Bd. v. Bayside Enter., Inc., 527 F.2d 436 (1st Cir. 1975). “In the remaining segment of the business, the raising of chickens to maturity, the actual farming activity is done by the contract farmers.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.