§ 780.214 29 CFR Ch. V (7–1–10 Edition)

the hatchery and produce types of ac- (1) Sowing seeds and otherwise propa- tivities would not be within the scope gating fruit, nut, shade, vegetable, and of agriculture. ornamental plants or trees, and shrubs, vines, and flowers; § 780.214 Feed sales and other activi- (2) Handling such plants from propa- ties. gating frames to the field; In some situations, the hatchery also (3) Planting, cultivating, watering, operates a feed store and furnishes feed spraying, fertilizing, pruning, bracing, to the growers. As in the case of the and feeding the growing crop. produce business operated by a hatch- (b) Trees produced through the appli- ery, this is not an agricultural activity cation of extensive agricultural or hor- and employees engaged therein, such as ticulture techniques to be harvested truckdrivers hauling feed to growers, and sold for seasonal ornamental use as are not agricultural employees. Also Christmas trees are considered to be office workers and other employees are agricultural or horticultural commod- not employed in agriculture when their ities. Employees engaged in the appli- duties relate to nonagricultural activi- cation of agricultural and horticultural ties. techniques to produce Christmas trees as ornamental horticultural commod- § 780.215 Meaning of forestry or lum- ities such as the following are em- bering operations. ployed in agriculture: The term forestry or lumbering oper- (1) Planting seedlings in a nursery; ations refers to the cultivation and on-going treatment with fertilizer, her- management of forests, the felling and bicides, and pesticides as necessary; trimming of timber, the cutting, haul- (2) After approximately three years, ing, and transportation of timber, logs, re-planting in lineout beds; pulpwood, cordwood, lumber, and like (3) After two more seasons, lifting products, the sawing of logs into lum- and re-planting the small trees in cul- ber or the conversion of logs into ties, tivated soil with continued treatment posts, and similar products, and simi- with fertilizers, herbicides, and pes- lar operations. It also includes the pil- ticides as indicated by testing to see if ing, stacking, and storing of all such such applications are necessary; products. The gathering of wild plants (4) Pruning or shearing yearly; and of wild Christmas trees is included. (5) Harvesting of the tree for seasonal (See the related discussion in §§ 780.205 ornamental use, typically within 7 to through 780.209 and in part 788 of this 10 years of planting. chapter which considers the sec. (c) Trees to be used as Christmas 13(b)(28) exemption for forestry or log- trees which are gathered in the wild, ging operations in which not more than such as from forests or uncultivated eight employees are employed.) Wood land and not produced through the ap- working as such is not included in for- plication of agricultural or horti- estry or lumbering operations. The cultural techniques are not agricul- manufacture of charcoal under modern tural or horticultural commodities for methods is neither a forestry nor lum- purposes of sec. 3(f). bering operation and cannot be re- garded as agriculture. [73 FR 77239, Dec. 18, 2008. Redesignated at 74 FR 26015, May 29, 2009]

[73 FR 77238, Dec. 18, 2008. Redesignated at 74 EFFECTIVE DATE NOTE: At 74 FR 26015, May FR 26014, May 29, 2009] 29, 2009, § 780.205 was redesignated as § 780.216 EFFECTIVE DATE NOTE: At 74 FR 26014, May and newly designated § 780.216 was suspended, 29, 2009, § 780.201 was redesignated as § 780.215 effective June 29, 2009. and newly designated § 780.215 was suspended, effective June 29, 2009. § 780.217 Forestry activities. Operations in a forest tree nursery § 780.216 Nursery activities generally such as seeding new beds and growing and Christmas tree production. and transplanting forest seedlings are (a) The employees of a nursery who not farming operations. For such oper- are engaged in the following activities ations to fall within sec. 3(f), they are employed in agriculture: must qualify under the second part of

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