Code of Federal Regulations (alpha)

CFR /  Title 29  /  Part 780  /  Sec. 780.803 Basic conditions of exemption; first part, ginning

Under the first part of section 13(b)(15) of the Act, the ginning of cotton, all the following conditions must be met in order for the exemption to apply to an employee:

(a) He must be ``engaged in ginning.''

(b) The commodity ginned must be cotton.

(c) The ginning of the cotton must be ``for market.''

(d) The place of employment in which this work is done must be ``located in a county where cotton is grown in commercial quantities.'' The following sections discuss the meaning and application of these requirements.

Ginning of Cotton for Market Sec. 780.804 ``Ginning'' of cotton.

The term ``ginning'' refers to operations performed on ``seed cotton'' to separate the seeds from the spinnable fibers. (Moore v. Farmer's Manufacturing and Ginning Co., 51 Ariz., 378, 77 F. 2d 209; Frazier v. Stone, 171 Miss. 56, 156 So. 596). ``Seed cotton'' is cotton in its natural state (Burchfield v. Tanner, 142 Tex. 404, 178 S.W. 2d 681, 683) and the ginning to which section 13(b)(15) refers is the ``first processing'' of this agricultural commodity (107 Cong. Rec. (daily ed.) p. 5887), which converts it into the marketable product commonly known as ``lint cotton'' (Wirtz v. Southern Pickery Inc. (W.D. Tenn.) 278 F. Supp. 729; Mangan v. State, 76 Ala. 60, 66) by removing the seed from the lint and then pressing and wrapping the lint into bales.