§383-9  Agricultural labor. "Agricultural labor" includes all service performed prior toJanuary 1, 1972, which was agricultural labor as defined in this sectionprior to such date, and remunerated service performed after December 31,1971:

(1)  On a farm, in the employ of any person inconnection with cultivating the soil, or in connection with raising orharvesting any agricultural or horticultural commodity, including the raising,shearing, feeding, caring for, training, and management of livestock, bees,poultry, and furbearing animals and wildlife;

(2)  In the employ of the owner or tenant or otheroperator of a farm, in connection with the operation, management, conservation,improvement, or maintenance of such farm and its tools and equipment, or insalvaging timber or clearing land of brush and other debris left by ahurricane, if the major part of such service is performed on a farm;

(3)  In connection with the production or harvestingof any commodity defined as an agricultural commodity in section 15(g) of thefederal Agricultural Marketing Act, as amended, or in connection with theginning of cotton, or in connection with the operation or maintenance ofditches, 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 farmin handling, planting, drying, packing, packaging, processing, freezing,grading, storing, or delivering to storage or to market or to a carrier fortransportation to market, in its unmanufactured state, any agricultural orhorticultural commodity; but only if such operator produced more than one-halfof the commodity with respect to which such service is performed;

(B)  In the employ of a group of operators offarms (or a cooperative organization of which such operators are members) inthe performance of service described in subparagraph (A), but only if suchoperators produced more than one-half of the commodity with respect to whichsuch service is performed;

(C)  The provisions of subparagraphs (A) and(B) shall not be deemed to be applicable with respect to service performed inconnection with commercial canning or commercial freezing or in connection withany agricultural or horticultural commodity after its delivery to a terminalmarket for distribution for consumption; or

(5)  On a farm operated for profit if such service isnot in the course of the employer's trade or business.

As used in this section, "farm"includes stock, dairy, poultry, fruit, furbearing animal, and truck farms,plantations, ranches, nurseries, ranges, greenhouses, or other similarstructures used primarily for the raising of agricultural or horticulturalcommodities, and orchards. [L 1941, c 304, §1, pt of subs 8; RL 1945, §4210; RL1955, §93-9; HRS §383-9; am L 1971, c 187, §3; am L 1977, c 148, §3]

 

Case Notes

 

  Arboretum is not a "farm" exempted from chapterwhere ninety per cent of its revenues come from fees charged its visitors. 66H. 388, 662 P.2d 1120.