29 CFR 780.151 : Labor (§ 0.735-1 To Parts 4908-4999) — (§ 500.0 To Parts 871-899) — Regulations Relating To Labor (Continued) (§ 500.0 To Parts 871-899) — Wage And Hour Division, Department Of Labor (§ 500.0 To Parts 871-899) — Statements Of General Policy Or Interpretation Not Directly Related To Regulations (§ 775.0 To § 794.144) — Exemptions Applicable To Agriculture, Processing Of Agricultural Commodities, And Related Subjects Under The Fair Labor Standards Act (§ 780.0 To § 780.1016) — General Scope Of Agriculture (§ 780.100 To § 780.159) — Preparation For Market (§ 780.150 And § 780.151) — Particular operations on commodities.

4 Aug 2016

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.

29 CFR 780.151