29CFR780.780.507 - ``Such tobacco.''

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CFR
Code of Federal Regulations Pertaining to ESA

Title 29
Labor

Chapter V
Wage and Hour Division, Department of Labor

Part 780
Exemptions Applicable to Agriculture, Processing of Agricultural Commodities, and Related Subjects Under the Fair Labor Standards Act

Subpart F
Employment or Agricultural Employees in Processing Shade- Grown Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14)

29 CFR 780.507 - ``Such tobacco.''

Section Number: 780.507
Section Name: ``Such tobacco.''

    To be within the exemption, the processing activities with respect 
to shade-grown tobacco must be performed by an employee who has been 
employed in growing and harvesting ``such tobacco.'' The term ``such 
tobacco'' clearly is limited to the specified type of tobacco named in 
the section, that is, shade-grown tobacco. While a literal 
interpretation of the term ``such tobacco'' might lead to a conclusion 
that the exemption extends only to the processing of the tobacco which 
the employee grew or harvested, it appears from the legislative history 
that the intent was to extend the exemption to the processing of such 
tobacco which may be viewed ``as a continuation of the agricultural 
process, occurring in the vicinity where the tobacco was grown.'' (H. 
Rept. 75, 87th Cong., first sess., p. 26.) Thus, it appears that the 
term ``such tobacco'' has reference to the local crop of shade-grown 
tobacco, raised by other local growers as well as by the processor, and 
which is being processed as a continuation of the growing and harvesting 
of such crop in the vicinity.