---
kind: "section"
citation: "29 U.S.C. § 1803"
title: "29"
title_heading: "Labor"
number: "1803"
heading: "Applicability of chapter"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/29/1803"
units:
  - "Chapter 20 — Migrant and Seasonal Agricultural Worker Protection"
---

# §1803. Applicability of chapter

- (a) The following [persons](/usc/29/1802.md?p=9) are not subject to this chapter:
  - (1) **Family business exemption.—** Any individual who engages in a [farm labor contracting activity](/usc/29/1802.md?p=6) on behalf of a farm, processing establishment, seed conditioning establishment, cannery, gin, packing shed, or nursery, which is owned or operated exclusively by such individual or an immediate family member of such individual, if such activities are performed only for such operation and exclusively by such individual or an immediate family member, but without regard to whether such individual has incorporated or otherwise organized for business purposes.
  - (2) **Small business exemption.—** Any [person](/usc/29/1802.md?p=9), other than a [farm labor contractor](/usc/29/1802.md?p=7), for whom the man-days exemption for agricultural labor provided under section 13(a)(6)(A) of the Fair Labor Standards Act of 1938 ([29 U.S.C. 213(a)(6)(A)](/usc/29/213.md)) is applicable.
  - (3) **Other exemptions.—**
    - (A) Any common carrier which would be a [farm labor contractor](/usc/29/1802.md?p=7) solely because the carrier is engaged in the [farm labor contracting activity](/usc/29/1802.md?p=6) of transporting any migrant or [seasonal agricultural worker](/usc/29/1802.md?p=10-A).
    - (B) Any labor organization, as defined in section 2(5) of the Labor Management Relations Act ([29 U.S.C. 152(5)](/usc/29/152.md?p=5)) (without regard to the exclusion of agricultural employees in that Act [[29 U.S.C. 141](/usc/29/141.md) et seq.]) or as defined under applicable [State](/usc/29/1802.md?p=12) labor relations law.
    - (C) Any nonprofit charitable organization or public or private nonprofit educational institution.
    - (D) Any [person](/usc/29/1802.md?p=9) who engages in any [farm labor contracting activity](/usc/29/1802.md?p=6) solely within a twenty-five mile intrastate radius of such [person](/usc/29/1802.md?p=9)’s permanent place of residence and for not more than thirteen weeks per year.
    - (E) Any custom combine, hay harvesting, or sheep shearing operation.
    - (F) Any custom poultry harvesting, breeding, debeaking, desexing, or health service operation provided the employees of the operation are not regularly required to be away from their permanent place of residence other than during their normal working hours.
    - (G)
      - (i) Any [person](/usc/29/1802.md?p=9) whose principal occupation or business is not [agricultural employment](/usc/29/1802.md?p=3), when supplying full-time students or other individuals whose principal occupation is not [agricultural employment](/usc/29/1802.md?p=3) to detassel, rogue, or otherwise engage in the production of seed and to engage in related and incidental [agricultural employment](/usc/29/1802.md?p=3), unless such full-time students or other individuals are required to be away from their permanent place of residence overnight or there are individuals under eighteen years of age who are providing transportation on behalf of such [person](/usc/29/1802.md?p=9).
      - (ii) Any [person](/usc/29/1802.md?p=9) to the extent he is supplied with students or other individuals for [agricultural employment](/usc/29/1802.md?p=3) in accordance with clause (i) of this subparagraph by a [person](/usc/29/1802.md?p=9) who is exempt under such clause.
    - (H)
      - (i) Any [person](/usc/29/1802.md?p=9) whose principal occupation or business is not [agricultural employment](/usc/29/1802.md?p=3), when supplying full-time students or other individuals whose principal occupation is not [agricultural employment](/usc/29/1802.md?p=3) to string or harvest shade grown tobacco and to engage in related and incidental [agricultural employment](/usc/29/1802.md?p=3), unless there are individuals under eighteen years of age who are providing transportation on behalf of such [person](/usc/29/1802.md?p=9).
      - (ii) Any [person](/usc/29/1802.md?p=9) to the extent he is supplied with students or other individuals for [agricultural employment](/usc/29/1802.md?p=3) in accordance with clause (i) of this subparagraph by a [person](/usc/29/1802.md?p=9) who is exempt under such clause.
    - (I) Any employee of any [person](/usc/29/1802.md?p=9) described in subparagraphs [(A)](#a-3-A) through [(H)](#a-3-H) when performing [farm labor contracting activities](/usc/29/1802.md?p=6) exclusively for such [person](/usc/29/1802.md?p=9).
- (b) Subchapter I of this chapter does not apply to any [agricultural employer](/usc/29/1802.md?p=2) or [agricultural association](/usc/29/1802.md?p=1) or to any employee of such an employer or association.

## Source credit

(Pub. L. 97–470, § 4, Jan. 14, 1983, 96 Stat. 2585.)

## Notes

### Editorial Notes

### References in Text

That Act, referred to in subsec. (a)(3)(B), is act June 23, 1947, ch. 120, 61 Stat. 136, known as the Labor Management Relations Act, 1947, which is classified principally to chapter 7 (§ 141 et seq.) of this title. For complete classification of this Act to the Code, see section 141 of this title and Tables.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective 90 days from Jan. 14, 1983, see section 524 of Pub. L. 97–470, set out as a note under section 1801 of this title.