§ 780.815 29 CFR Ch. V (7–1–12 Edition)

§ 780.815 Basic conditions of exemp- ees of some other employer, such as an tion; second part, processing of independent contractor, are not consid- sugar beets, sugar-beet molasses, ered to be within the exemption.) sugarcane, or maple sap. (b) Weighing, unloading, and stack- Under the second part of section ing the cane at the mill yard. 13(b)(15) of the Act, the following con- (c) Performing sampling tests (such ditions must be met in order for the ex- as a trash test or sucrose content test) emption to apply to an employee: on the incoming cane. (a) He must be engaged in the proc- (d) Washing the cane, feeding it into essing of sugar beets, sugar-beet molas- the mill crushers and crushing. ses, sugarcane, or maple sap. (e) Operations on the extracted cane (b) The product of the processing juice in the making of raw sugar and must be sugar (other than refined molasses: Juice weighing and measure- sugar) or syrup. ment, heating, clarification, filtration, evaporating, crystallization, § 780.816 Processing of specific com- centrifuging, and handling and storing modities. the raw sugar or molasses at the plant Only the processing of sugar beets, during the grinding season. sugar-beet molasses, sugarcane, or (f) Laboratory analytical and testing maple sap is within the exemption. Op- operations at any point in the proc- erations performed on commodities essing or at the end of the process. other than those named are not exempt (g) Loading out raw sugar or molas- under this section even though they re- ses during the grinding season. sult in the production of unrefined (h) Handling, baling, or storing ba- sugar or syrup. For example, sorghum gasse during the grinding season. cane or refinery syrup (which is a by- (i) Firing boilers and other activities product of refined syrup) are not connected with the overall operation of named commodities and employees en- the plant machinery during grinding gaged in processing these products are operations, including cleanup and not exempt under this section even maintenance work and day-to-day re- though the resultant product is raw pairs. (This includes shop employees, sugar. The loss of exemption would ob- mechanics, electricians, and employees tain for the same reason for employees maintaining stocks of various items engaged in processing sugar, glucose, used in repairs.) or ribbon cane syrup into syrup. § 780.818 Employees not engaged in § 780.817 Employees engaged in proc- processing. essing. Employees engaged in operations Only those employees who are en- which are not an integral part of proc- gaged in the processing will come with- essing of the named commodities will in the exemption. The processing of not come within the exemption. The sugarcane to which the exemption ap- following activities are not considered plies and in which the employee must exempt under section 13(b)(15): be engaged in order to come within it (a) Office and general clerical work. is considered to begin when the proc- (b) Feeding and housing millhands essor receives the cane for processing and visitors (typically this is called the and to end when the cane is processed ‘‘boarding house’’). ‘‘into sugar (other than refined sugar) (c) Hauling raw sugar or molasses or syrup.’’ Employees engaged in the away from the mill. following activities of a sugarcane (d) Any work outside the grinding processing mill are considered to be en- season. gaged in ‘‘the processing of’’ the sugar- cane into the named products, within § 780.819 Production must be of the meaning of the exemption: unrefined sugar or syrup. (a) Loading of the sugarcane in the The second part of the section field or at a concentration point and 13(b)(15) exemption is specifically lim- hauling the cane to the mill ‘‘if per- ited to the production ‘‘of sugar (other formed by employees of the mill.’’ than refined sugar) or syrup.’’ The pro- (Such activities performed by employ- duction of ‘‘refined sugar’’ a term

628

VerDate Mar<15>2010 19:30 Aug 20, 2012 Jkt 226113 PO 00000 Frm 00638 Fmt 8010 Sfmt 8010 Q:\29\29V3.TXT ofr150 PsN: PC150