---
kind: "section"
citation: "29 C.F.R. § 780.159"
title: "29"
number: "780.159"
heading: "Forest products."
url: "https://uscodex.org/cfr/29/780.159"
---

# §780.159. Forest products.


Trees grown in forests and the lumber derived therefrom are not agricultural or horticultural commodities, for the purpose of the FLSA. (See [§ 780.205](/cfr/29/780.205.md) regarding production of Christmas trees.) It follows that employment in the production, cultivation, growing, and harvesting of such trees or timber products is not sufficient to bring an employee within [sec. 3(f)](/cfr/29/3.md?p=f) unless the operation is performed by a farmer or on a farm as an incident to or in conjunction with his or its farming operations. On the latter point, see [§§ 780.200 through 780.209](/cfr/29/780.200..780.209.md) discussing the question of when forestry or lumbering operations are incident to or in conjunction with farming operations so as to constitute agriculture. For a discussion of the exemption in sec. 13(b)(28) of the Act for certain forestry and logging operations in which not more than eight employees are employed, see [part 788](/cfr/29/part788.md) of this chapter.


## Notes

### Amendments

[73 FR 77238, Dec. 18, 2008. Redesignated at 74 FR 26014, May 29, 2009]

### Authority

Authority: Secs. 1-19, 52 Stat. 1060, as amended; 75 Stat. 65; 29 U.S.C. 201-219. Pub. L. 105-78, 111 Stat. 1467.

### Source

Source: 37 FR 12084, June 17, 1972, unless otherwise noted.

### Amendments

[73 FR 77238, Dec. 18, 2008. Redesignated at 74 FR 26014, May 29, 2009]