---
kind: "section"
citation: "29 C.F.R. § 784.134"
title: "29"
number: "784.134"
heading: "“Canning.”"
url: "https://uscodex.org/cfr/29/784.134"
---

# §784.134. “Canning.”


The term “canning” was defined in the legislative history of the 1949 amendments (House (Conference) Report No. 1453, 81st Cong., first session; 95 Cong. Rec. 14878, 14932-33). These amendments made the “canning” of marine products or byproducts exempt from overtime only under a separate exemption ([section 13(b)(4)](/cfr/29/13.md?p=b-4), and subject to the minimum wage requirements of the Act (see [§ 784.136](/cfr/29/784.136.md) et seq.). The same meaning will be accorded to “canning” in [section 13(a)(5)](/cfr/29/13.md?p=a-5) as in [section 13(b)(4)](/cfr/29/13.md?p=b-4) (see [§ 784.142](/cfr/29/784.142.md) et seq.) subject, of course, to the limitations necessarily imposed by the context in which it is found. In other words, although certain operations as described in [§ 784.142](/cfr/29/784.142.md) et seq. qualify as canning, they are, nevertheless, not exempt under [section 13(a)(5)](/cfr/29/13.md?p=a-5) unless they are performed on marine products by employees of the fishing vessel at sea as an incident to, or in conjunction with the fishing operations of the vessel.


## Notes

### Authority

Authority: Secs. 1-19, 52 Stat. 1060, as amended, 75 Stat. 65; 29 U.S.C. 201-219.

### Source

Source: 35 FR 13342, Aug. 20, 1970, unless otherwise noted.