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29 CFR § 784.143 - “Necessary preparatory operations.”

---
identifier: "/us/cfr/t29/s784.143"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 784.143 - “Necessary preparatory operations.”"
title_number: 29
title_name: "Labor"
section_number: "784.143"
section_name: "“Necessary preparatory operations.”"
chapter_name: "WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR"
subchapter_number: "B"
subchapter_name: "STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS"
part_number: "784"
part_name: "PROVISIONS OF THE FAIR LABOR STANDARDS ACT APPLICABLE TO FISHING AND OPERATIONS ON AQUATIC PRODUCTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 1-19, 52 Stat. 1060, as amended, 75 Stat. 65; 29 U.S.C. 201-219."
regulatory_source: "35 FR 13342, Aug. 20, 1970, unless otherwise noted."
cfr_part: "784"
---

# 784.143 “Necessary preparatory operations.”

All necessary preparatory work performed on the named aquatic products as an integral part of a single uninterrupted canning process is subject to section 13(b)(4) (see *Tobin* v. *Blue Channel Corp.,* 198 F. 2d 245, approved in *Mitchell* v. *Myrtle Grove Packing Co.,* 350 U.S. 891). Such activities conducted as essential and integrated steps in the continuous and uninterrupted process of canning are clearly within the definition of “canning” as contemplated by Congress and cannot be viewed in isolation from the canning process as a whole. Exempt preparatory operations include the necessary weighing, cleaning, picking, peeling, shucking, cutting, heating, cooling, steaming, mixing, cooking, carrying, conveying, and transferring to the containers the exempt aquatic products (see *Mitchell* v. *Stinson,* 217 F. 2d 214). But the preparatory operations do not include operations specified in section 13(a)(5) pertaining to the acquisition of the exempt products from nature. Therefore, if a canner employs fishermen or others to catch, take, harvest, cultivate or farm aquatic animal and vegetable life, section 13(a)(5) and not section 13(b)(4) would apply to these particular operations.