Cotton must be ``grown in commercial quantities'' in the county
where the place of employment is located if an employee ginning cotton
in such place is to be exempt under section 13(b)(15). The term
``commercial quantities'' is not defined in the statute, but in the
cotton-growing areas of the country there should be little question in
most instances as to whether commercial quantities of cotton are grown
in the county where the ginning is done. If it should become necessary
to determine whether commercial quantities are grown in a particular
county, it would appear appropriate in view of crop-year variations to
consider average quantities produced over a representative period such
as 5 years. On the question of whether the quantities grown are
``commercial'' quantities, the trade understanding of what are
``commercial'' quantities of cotton would be important. It would appear
appropriate also to measure ``commercial'' quantities in terms of
marketable lint cotton in bales rather than by acreage or amounts of
seed cotton grown, since seed cotton is not a commercially marketable
product (Mangan v. State, 76 Ala. 60). Also, production of a commodity
in ``commercial'' quantities generally involves quantities sufficient
for sale with a reasonable expectation of some return to the producers
in excess of costs (Bianco v. Hess (Ariz.), 339 P. 2d 1038; Nystel v.
Thomas (Tex. Civ. App.) 42 S.W. 2d 168).
