23-603

23-603. Agricultural labor; definitions

A. "Agricultural labor" means and includes all service performed prior to January
1, 1972, which was agricultural labor as defined in this section prior to such date, and
remunerated service performed after December 31, 1971:

1. On a farm, in the employ of any person, in connection with cultivating the soil,
or in connection with raising or harvesting any agricultural or horticultural commodity,
including the raising, shearing, feeding, caring for, training and management of
livestock, bees, poultry, and fur-bearing animals and wildlife.

2. In the employ of the owner or tenant or other operator of a farm, in connection
with the operation, management, conservation, improvement or maintenance of the farm and
its tools and equipment or in salvaging timber or clearing land of brush and other debris
left by a hurricane, if the major part of the service is performed on a farm.

3. In connection with the production or harvesting of any commodity defined as an
agricultural commodity in section 15(g) of the agricultural marketing act, as amended (46
Stat. 1550, sec. 3; 12 U.S.C. 1141j), or in connection with the ginning of cotton or in
connection with the operation or maintenance of ditches, canals, reservoirs or waterways,
not owned or operated for profit, used exclusively for supplying and storing water for
farming purposes.

4. (a) In the employ of the operator of a farm in handling, planting, drying,
packing, packaging, processing, freezing, grading, storing or delivering to storage or to
market, or to a carrier for transportation to market, in its unmanufactured state, any
agricultural or horticultural commodity, but only if the operator produced more than
one-half of the commodity with respect to which such service is performed and only if the
service is performed as an incident to ordinary farming operations or, in the case of
fruits and vegetables, as an incident to the preparation of the fruits or vegetables for
market.

(b) In the employ of a group of operators of farms, or a cooperative organization
of which such operators are members, in the performance of service described in
subdivision (a), but only if such operators produced more than one-half of the commodity
with respect to which such service is performed.

(c) The provisions of subdivisions (a) and (b) shall not be deemed to be applicable
with respect to service performed in connection with commercial canning or commercial
freezing or in connection with any agricultural or horticultural commodity after its
delivery to a terminal market for distribution for consumption.

5. On a farm operated for profit if such service is not in the course of the
employer's trade or business.

B. As used in this section, "farm" includes stock, dairy, poultry, fruit,
fur-bearing animal and truck farms, plantations, ranches, nurseries, ranges, greenhouses,
or other similar structures used primarily for raising agricultural or horticultural
commodities, and orchards.

C. Notwithstanding the provisions of section 23-617, paragraph 1, service defined
in subsection A of this section performed after December 31, 1977, by an individual who
is an alien admitted to the United States to perform agricultural labor pursuant to
sections 214(c) and 101(a)(15)(H) of the immigration and nationality act is exempt
employment during any period in which it does not meet the definition of employment in
section 23-615, paragraph 8.