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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 29 - Labor |
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Subtitle B - Regulations Relating to Labor |
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Chapter V - Wage and Hour Division, Department of Labor |
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SubChapter B - Statements of General Policy or Interpretation Not Directly Related to Regulations |
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Part 784 - Provisions of the Fair Labor Standards Act Applicable to Fishing and Operations on Aquatic Products |
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Subpart B - Exemptions Provisions Relating to Fishing and Aquatic Products |
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Processing, Freezing, and Curing |
§ 784.151 - Operations performed after product is rendered nonperishable.
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§ 784.151 Operations performed after product is rendered nonperishable.
As indicated in § 784.138, after the character of the aquatic products as taken from nature has been altered by the performance of the enumerated operations so as to render them nonperishable (e.g., drying and cleaning sponges) section 13(b)(4) provides no exemption for any subsequent operations on the preserved products, unless the subsequent operation is performed as an integrated part of the operations named in the exemption which are performed by an employer on aquatic commodities described in section 13(b)(4) after receiving them in the perishable state. In the case of an employer who is engaged in performing on perishable aquatic forms of life specified in section 13(b)(4) any operations named in that section which result in a nonperishable product, the employment of his employees in the storing, marketing, packing for shipment, or distributing of nonperishable products resulting from such operations performed by him (including products processed during previous weeks or seasons) will be considered to be an integrated part of his operations on the perishable aquatic forms of life during those workweeks when he is actively engaged in such operations. The employees employed by him in such work on the nonperishable products are, accordingly, within the exemption in such workweeks.