skip navigational linksDOL Seal - Link to DOL Home Page
Photos representing the workforce - Digital ImageryŠ copyright 2001 PhotoDisc, Inc.
www.dol.gov

Previous Section

Content Last Revised: 8/20/70
---DISCLAIMER---

Next Section

CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 784  

Provisions of the Fair Labor Standards Act Applicable to Fishing and Operations on Aquatic Products

 

 

 

Subpart B  

Exemptions Provisions Relating to Fishing and Aquatic Products


29 CFR 784.143 - ``Necessary preparatory operations.''

  • Section Number: 784.143
  • Section Name: ``Necessary preparatory operations.''

    All necessary preparatory work performed on the named aquatic 
products as an integral part of a single uninterrupted canning process 
is subject to section 13(b)(4) (see Tobin v. Blue Channel Corp., 198 F. 
2d 245, approved in Mitchell v. Myrtle Grove Packing Co., 350 U.S. 891). 
Such activities conducted as essential and integrated steps in the 
continuous and uninterrupted process of canning are clearly within the 
definition of ``canning'' as contemplated by Congress and cannot be 
viewed in isolation from the canning process as a whole. Exempt 
preparatory operations include the necessary weighing, cleaning, 
picking, peeling, shucking, cutting, heating, cooling, steaming, mixing, 
cooking, carrying, conveying, and transferring to the containers the 
exempt aquatic products (see Mitchell v. Stinson, 217 F. 2d 214). But 
the preparatory operations do not include operations specified in 
section 13(a)(5) pertaining to the acquisition of the exempt products 
from nature. Therefore, if a canner employs fishermen or others to 
catch, take, harvest, cultivate or farm aquatic animal and vegetable 
life, section 13(a)(5) and not section 13(b)(4) would apply to these 
particular operations.
Previous Section

Next Section



Phone Numbers