C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER B—STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS › PART 780—EXEMPTIONS APPLICABLE TO AGRICULTURE, PROCESSING OF AGRICULTURAL COMMODITIES, AND RELATED SUBJECTS UNDER THE FAIR LABOR STANDARDS ACT › Subpart B—General Scope of Agriculture

29 C.F.R. § 780.151

Particular operations on commodities

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Subject to the rules heretofore discussed, the following activities are, among others, activities that may be performed in the “preparation for market” of the indicated commodities and may come within section 3(f):

(a) Grain, seed, and forage crops. Weighing, binning, stacking, drying, cleaning, grading, shelling, sorting, packing, and storing.

(b) Fruits and vegetables. Assembling, ripening, cleaning, grading, sorting, drying, preserving, packing, and storing. (See In the Matter of J. J. Crosetti, 29 LRRM 1353, 98 NLRB 268; In the Matter of Imperial Garden Growers, 91 NLRB 1034, 26 LRRM 1632; Lenroot v. Hazelhurst Mercantitle Co., 59 F. Supp. 595; North Whittier Heights Citrus Ass'n v. NLRB, 109 F.2d 76; Dofflemeyer v. NLRB, 206 F.2d 813.)

(c) Peanuts and nuts (pecans, walnuts, etc.). Grading, cracking, shelling, cleaning, sorting, packing, and storing.

(d) Eggs. Handling, cooling, grading, candling, and packing.

(e) Wool. Grading and packing.

(f) Dairy products. Separating, cooling, packing, and storing.

(g) Cotton. Weighing, ginning, and storing cotton; hulling, delinting, cleaning, sacking, and storing cottonseed.

(h) Nursery stock. Handling, sorting, grading, trimming, bundling, storing, wrapping, and packing. (See Jordan v. Stark Brothers Nurseries, 45 F. Supp. 769; Mitchell v. Huntsville Nurseries, 267 F.2d 286.)

(i) Tobacco. Handling, grading, drying, stripping from stalk, tying, sorting, storing, and loading.

(j) Livestock. Handling and loading.

(k) Poultry. Culling, grading, cooping, and loading.

(l) Honey. Assembling, extracting, heating, ripening, straining, cleaning, grading, weighing, blending, packaging, and storing.

(m) Fur. Removing the pelt, scraping, drying, putting on boards, and packing.

Notes of Decisions
Cited in 4 cases, 1975–2004 · leading case: Rodriguez v. Whiting Farms, Inc., 360 F.3d 1180 (10th Cir. 2004).
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Rodriguez v. Whiting Farms, Inc., 360 F.3d 1180 (10th Cir. 2004). · cites it 2× “” 29 C.F.R. § 780.151 (b). Preparation of tobacco for market includes “[hjandling, grading, drying, stripping from stalk, tying, sorting, storing, and loading.”
Holly Farms Corp. v. Nat'l Labor Relations Bd., 517 U.S. 392 (1996). · cites it 2× “[14] Petitioners point to 29 CFR § 780.151 (k) (1995), which defines the FLSA § 3(f) words "preparation for market" to include "[c]ulling, grading, cooping, and loading" of poultry.”
Pacheco v. Whiting Farms, Inc., 365 F.3d 1199 (10th Cir. 2004). “Thus, the packaging duties at Whiting Farms constitute secondary farming under the most analogous regulations. 3 See id. Furthermore, we reject Plaintiffs suggestion that modernization of Defendants’ farming operations bring them outside FLSA’s definition of agriculture.”
Tipton v. Associated Milk Producers, Inc., 398 F. Supp. 743 (N.D. Tex. 1975). · cites it 2× “29 C.F.R. 780.151. The defendant argues on page eight of its memorandum brief that the Court should find that it is a farmer, and engaged in an integrated farming operation.”
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