29CFR780.780.131 - Operations which constitute one a ``farmer.''

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CFR
Code of Federal Regulations Pertaining to U.S. Department of Labor

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 B
General Scope of Agriculture

29 CFR 780.131 - Operations which constitute one a ``farmer.''

Section Number: 780.131
Section Name: Operations which constitute one a ``farmer.''

    Generally, an employer must undertake farming operations of such 
scope and significance as to constitute a distinct activity, for the 
purpose of yielding a farm product, in order to be regarded as a 
``farmer.'' It does not necessarily follow, however, that any employer 
is a ``farmer'' simply because he engages in some actual farming 
operations of the type specified in section 3(f). Thus, one who merely 
harvests a crop of agricultural commodities is not a ``farmer'' although 
his employees who actually do the harvesting are employed in 
``agriculture'' in those weeks when exclusively so engaged. As a general 
rule, a farmer performs his farming operations on land owned, leased, or 
controlled by him and devoted to his own use. The mere fact, therefore, 
that an employer harvests a growing crop, even under a partnership 
agreement pursuant to which he provides credit, advisory or other 
services, is not generally considered to be sufficient to qualify the 
employer so engaged as a ``farmer.'' Such an employer would stand, in 
packing or handling the product, in the same relationship to the produce 
as if it were from the fields or groves of an independent grower. One 
who engaged merely in practices which are incidental to farming is not a 
``farmer.'' For example, a company which merely prepares for market, 
sells, and ships flowers and plants grown and cultivated on farms by 
affiliated corporations is not a ``farmer.'' The fact that one has 
suspended actual farming operations during a period in which he performs 
only practices incidental to his part or prospective farming operations 
does not, however, preclude him from qualifying as a ``farmer.'' One 
otherwise qualified as a farmer does not lose his status as such because 
he performs farming operations on land which he does not own or control, 
as in the case of a cattleman using public lands for grazing.