29 C.F.R. § 780.150

Scope and limits of “preparation for market.”

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“Preparation for market” is also named as one of the practices which may be included in “agriculture.” The term includes the operations normally performed upon farm commodities to prepare them for the farmer's market. The farmer's market normally means the wholesaler, processor, or distributing agency to which the farmer delivers his products. “Preparation for market” clearly has reference to activities which precede “delivery to market.” It is not, however, synonymous with “preparation for sale.” The term must be treated differently with respect to various commodities. It is emphasized that “preparation for market,” like other practices, must be performed “by a farmer or on a farm as an incident to or in conjunction with such farming operations” in order to be within section 3(f).

Notes of Decisions

Cited in 3 cases, 1975–2004 · leading case: Holly Farms Corp. v. Nat'l Labor Relations Bd., 517 U.S. 392 (1996).

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Holly Farms Corp. v. Nat'l Labor Relations Bd., 517 U.S. 392 (1996). · cites it 2× “…a farm as an incident to or in conjunction with such farming operations' in order to be within [FLSA] section 3(f)." 29 CFR § 780.150 (1995).”

Rodriguez v. Whiting Farms, Inc., 360 F.3d 1180 (10th Cir. 2004). “; see 29 C.F.R. §§ 780.150 -.151. The chicken processing at issue occurs on Whiting Farms and neither party disputes that the practice is performed “on a farm.”

Tipton v. Associated Milk Producers, Inc., 398 F. Supp. 743 (N.D. Tex. 1975). “203(f); 29 C.F.R. 780.150. . 29 C.F.R. 780.151. .”

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