29 CFR 780.216 - Nursery activities generally and Christmas tree production.
(a) The employees of a nursery who are engaged in the following activities are employed in agriculture:
(1) Sowing seeds and otherwise propagating fruit, nut, shade, vegetable, and ornamental plants or trees, and shrubs, vines, and flowers;
(3) Planting, cultivating, watering, spraying, fertilizing, pruning, bracing, and feeding the growing crop.
(b) Trees produced through the application of extensive agricultural or horticulture techniques to be harvested and sold for seasonal ornamental use as Christmas trees are considered to be agricultural or horticultural commodities. Employees engaged in the application of agricultural and horticultural techniques to produce Christmas trees as ornamental horticultural commodities such as the following are employed in agriculture:
(1) Planting seedlings in a nursery; on-going treatment with fertilizer, herbicides, and pesticides as necessary;
(3) After two more seasons, lifting and re-planting the small trees in cultivated soil with continued treatment with fertilizers, herbicides, and pesticides as indicated by testing to see if such applications are necessary;
(c) Trees to be used as Christmas trees which are gathered in the wild, such as from forests or uncultivated land and not produced through the application of agricultural or horticultural techniques are not agricultural or horticultural commodities for purposes of sec. 3(f).
Effective Date Note:
Title 29 published on 2013-07-01
no entries appear in the Federal Register after this date.