§ 643.1 Approval of recommendation of industry committee. The committee's recommendation is hereby approved.

§ 643.2 Wage rate. Wages at a rate of not less than 40 cents an hour shall be paid under section 6 of the Fair Labor Standards Act of 1938 by every employer to each of his employees in the chemical, petroleum and coal products, and allied manufacturing industries who is engaged in commerce or in the production of goods for commerce.

§ 643.3 Posting of notices. Every employer employing any employees engaged in commerce or in the production of goods for commerce in the chemical, petroleum and coal products, and allied manufacturing industries shall post and keep posted in a conspicuous place in each department of his establishment where such employees are working such notices of this order as shall be prescribed from time to time by the Wage and Hour Division of the United States Department of Labor.

§ 643.4 Definition of the chemical, petroleum and coal products, and allied manufacturing industries. The chemical, petroleum and coal products, and allied manufacturing industries to which this part shall apply are hereby defined as follows:

The manufacture or packaging of basic chemicals, chemical products, and products made from petroleum, coal or natural gases.

(a) It includes, but without limitation, heavy, industrial, and fine chemicals; plastics; explosives and pyrotechnics; rayon and other synthetic fibers; wood distillation and naval stores; fertilizers: soap and glycerine; candles; glue and gelatin; essential oils; nitrated, sulphonated and similarly processed oils; paints, varnishes, pigments, dyes, and printing ink; drug grinding; insecticides and fungicides; manufactured gases; petroleum refining; coke and coke-oven products; asphalt and tar paving and building materials; and allied products.

(b) Provided, however, That the definition shall not include:

(1) Wood preserving, and any mining, quarrying or other extractive operations.

(2) The rendering and refining of marine and animal fats and oils.

(3) Any operations of a public utility. (4) Any product included in the metal, plastics, machinery, instrument, and al

lied industries (as defined in § 636.4 of this chapter) or in the drug, medicine, and toilet preparations industry, the converted paper products industry, the cottonseed and peanut crushing industry, or the vegetable fats and oils industry as defined in the wage orders for such industries; or in any other industry for which the Administrator has already issued a wage order or appointed an industry committee.

§ 643.5 Scope of the definition. The definition of the chemical, petroleum and coal products, and allied manufacturing industries covers all occupations in the industry which are necessary to the production of the articles covered by the definition, including clerical, maintenance, shipping and selling occupations: Provided, however, That the definition does not cover (a) such clerical, maintenance, shipping and selling occupations when carried on in a wholesaling or selling department, physically segregated from other departments of an establishment, the greater part of the sales of which wholesaling or selling department are sales of articles which are resold in the form in which purchased; and (b) employees engaged exclusively in clerical, maintenance, selling or shipping operations on articles purchased for resale in the form in which purchased: And provided further, That where an employee covered by this definition is employed during the same workweek at two or more different minimum rates of pay, he shall be paid the highest of such rates for such workweek unless records concerning his employment are kept by his employer in accordance with applicable regulations of the Wage and Hour Division.

PART 644-MEAT, POULTRY, AND DAIRY PRODUCTS INDUSTRY, MINIMUM WAGE ORDERS [ADDED]

SOURCE: §§ 644.1 to 644.5, inclusive, contained in Wage Order, Administrator, Feb. 11, 1944, effective Mar. 20, 1944, 9 F.R. 2115.

§ 644.1 Approval of recommendation of industry committee. The committee's recommendation is hereby approved.

§ 644.2 Wage rate. Wages at a rate of not less than 40 cents an hour shall be paid under section 6 of the Fair Labor Standards Act of 1938 by every employer to each of his employees in the meat, poultry, and dairy products industry who is engaged in commerce or in the production of goods for commerce.

§ 644.3 Posting of notices. Every employer employing any employees so engaged in commerce or in the production of goods for commerce in the meat, poultry, and dairy products industry shall post and keep posted in a conspicuous place in each department of his establishment where such employees are working such notices of this order as shall be prescribed from time to time by the Wage and Hour Division of the United States Department of Labor.

§ 644.4 Definition of the meat, poultry, and dairy products industry. The meat, poultry, and dairy products industry, to which this part shall apply, is hereby defined as follows:

The assembling, processing, and marketing of meat animals and meat animal products, poultry and poultry products, and dairy products.

(a) It includes, but without limitation, any product or by-product obtained from livestock, poultry, wild fowl and gåme (including meats, milk, and eggs) and any other product which is derived from any other form of animal life (such as fish, reptiles, and frogs), and which is assembled, processed or marketed for animal or human consumption.

(b) Provided, however, That the definition shall not include:

(1) Storing performed by an independent warehouse.

(2) Any product included in the leather industry; drug, medicine, and toilet preparations industry (as defined in the wage orders for these industries); or in the canned fruits and vegetables and related products industry; and the chemical, petroleum and coal products, and allied manufacturing industries (as defined in § 638.4 and § 643.4, respectively).

§ 644.5 Scope of the definition. The definition of the meat, poultry, and dairy products industry covers all occupations in the industry which are necessary to the production of the articles or the operations specified therein including clerical, maintenance, shipping and selling occupations: Provided, however, The definition does not cover such clerical, maintenance, shipping and selling occupations (a) when carried on in an establishment or department exclusively engaged in wholesaling or selling, the greater part of the sales of which establishment or department are sales of products which are not included in this industry; and (b) when carried on exclusively in connection with the sale of articles not included in this industry: And provided further, That where an employee covered by this definition is employed during the same workweek at two or more different minimum rates of pay, he shall be paid the highest of such rates for such workweek, unless records concerning his employment are kept by his employer in accordance with applicable regulations of the Wage and Hour Division.

645.3 645.4

Posting of notices.

Definition of fruit and vegetable packing and farm products assembling industry.

645.5 Scope of the definition.

AUTHORITY: §§ 645.1 to 645.5, inclusive, issued under sec. 8, 52 Stat. 1064; 29 U.S.C. 208.

SOURCE: §§ 645.1 to 645.5, inclusive, contained in Wage Order, Administrator, Apr. 20, 1944, effective May 22, 1944, 9 F.R. 4503.

§ 645.1 Approval of recommendation of industry committee. The committee's recommendation is hereby approved.

§ 645.2 Wage rate. Wages at a rate of not less than 40 cents per hour shall be paid under section. 6 of the act by every employer to each of his employees who is engaged in commerce or in the production of goods for commerce in the fruit and vegetable packing and farm products assembling industry.

§ 645.3 Posting of notices. Every employer employing any employees engaged in commerce or in the production of goods for commerce in the fruit and vegetable packing and farm products assembling industry shall post and keep posted in a conspicuous place in each department of his establishment where such employees are working such notices of this order as shall be prescribed from time to time by the Wage and Hour Division of the United States Department of Labor.

§ 645.4 Definition of the fruit and vegetable packing and farm products assembling industry. For the purposes of this part the term "fruit and vegetable packing and farm products assembling industry" means:

The assembling and preparing for market of fresh fruits and vegetables, and other farm and related products (including wild and domesticated animals other than those assembled for processing into food for human or animal consumption).

(a) It includes, but without limitation:

(1) The packing of fresh fruits and vegetables; the shelling of nuts; the ginning and compressing of cotton; the retting and decorticating of flax and other vegetable fibers; and other similar operations performed on farm and related products.

(2) The gathering or collecting of wild berries, plants, flowers, gums, saps, seeds and other forms of wild plant or animal life.

(3) "The leaf processing branch of the cigar industry" as defined in the wage order for the cigar industry. (§ 622.4)

(b) Provided, however, That this industry does not include: (1) the assembling of fresh fruits and vegetables or other farm and related products when performed in a marketing or wholesaling establishment which does no preparing for market within the meaning of this definition and which receives directly from gatherers of non-cultivated products or from farmers products constituting less than one-half of all products handled; (2) logging; (3) public warehousing of commodities other than cotton; (4) any product included in the canned fruits and vegetables and related products industry; cottonseed and peanut crushing industry; vegetable fats and oils industry; and meat, poultry, and

dairy products industry (as defined in §§ 638.4, 640.4, 641.4 and 644.4, respectively), or in the grain products industry and the tobacco industry (as defined in the wage orders for such industries).

§ 645.5 Scope of the definition. The definition of the fruit and vegetable packing and farm products assembling industry covers all occupations which are necessary to the operations of the industry, including clerical, maintenance, shipping and selling occupations: Provided, That where an employee covered by this definition is employed during the same workweek at two or more different minimum rates of pay, he shall be paid the highest of such rates for such workweek unless records concerning his employment are kept by his employer in accordance with applicable regulations of the Wage and Hour Division.

646.3

646.4

Posting of notices.

Definition of the wholesaling, warehousing, and other distribution industries

646.5 Scope of the definition.

AUTHORITY: §§ 646.1 to 646.5, inclusive, issued under sec. 8, 52 Stat. 1064; 29 U.S.C. 208.

SOURCE: $ 646.1 to 646.5, inclusive, contained in Wage Order, Administrator, Dec. 29, 1943, effective Feb. 7, 1944, 9 F.R. 653.

§ 646.1 Approval of recommendation of industry committee. The committee's recommendation is hereby approved.

§ 646.2 Wage rate. Wages at a rate of not less than 40 cents per hour shall be paid under section 6 of the act by every employer to each of his employees who is engaged in commerce or in the production of goods for commerce in the wholesaling, warehousing, and other distribution industries.

§ 646.3 Posting of notices. Every employer employing any employees engaged in commerce or in the production of goods for commerce in the wholesaling, warehousing, and other distribution industries shall post and keep posted in a