60.2-201 - Agricultural labor.
§ 60.2-201. Agricultural labor.
A. The term "agricultural labor" includes all service performed:
1. On a farm, in the employ of any person, in connection with cultivating thesoil, or in connection with raising or harvesting any agricultural orhorticultural commodity, including the raising, shearing, feeding, caringfor, training, and management of livestock, bees, poultry, and fur-bearinganimals and wildlife.
2. In the employ of the owner or tenant or other operator of a farm, inconnection with the operation, management, conservation, improvement, ormaintenance of such farm and its tools and equipment, or in salvaging timberor clearing land of brush and other debris left by a hurricane, if the majorpart of such service is performed on a farm.
3. In connection with the production or harvesting of any commodity definedas an agricultural commodity in 12 U.S.C. § 1141 j of the FederalAgricultural Marketing Act, or in connection with the ginning of cotton, orin connection with the operation or maintenance of ditches, canals,reservoirs, or waterways not owned or operated for profit used exclusivelyfor 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 tostorage or to market or to a carrier for transportation to market, in itsunmanufactured state, any such agricultural or horticultural commodity; butonly if such operator produced more than one-half of the commodity withrespect to which such service is performed;
b. In the employ of a group of operators of farms (or a cooperativeorganization of which such operators are members) in the performance ofservice described in subdivision 4 a of this subsection, but only if suchoperators produced more than one-half of the commodity with respect to whichsuch service is performed;
c. The provisions of subdivisions 4 a and 4 b of this section shall not bedeemed to be applicable with respect to service performed in connection withcommercial canning or commercial freezing or in connection with anyagricultural or horticultural commodity after its delivery to a terminalmarket for distribution for consumption.
5. On a farm operated for profit if such service is not in the course of theemployer's trade or business or is domestic service in a private home of theemployer.
B. As used in this section, the term "farm" includes stock, dairy, poultry,fruit, fur-bearing animal and truck farms, plantations, ranches, nurseries,ranges, greenhouses or other similar structures used primarily for theraising of agricultural or horticultural commodities and orchards.
(Code 1950, § 60-3; 1968, c. 738, § 60.1-3; 1971, Ex. Sess., c. 235; 1972, c.764; 1986, c. 480.)