12 CRR-NY 197.2NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 12. DEPARTMENT OF LABOR
CHAPTER II. DIVISION OF LABOR STANDARDS
SUBCHAPTER I. CERTIFICATION FOR RECRUITMENT AND EMPLOYMENT OF FARM WORKERS
PART 197. REGULATION RELATING TO THE GRANTING OF FARM LABOR CONTRACTOR CERTIFICATES OF REGISTRATION, MIGRANT LABOR REGISTRATION CERTIFICATES, AND FARM LABOR CAMP COMMISSARY PERMITS
12 CRR-NY 197.2
12 CRR-NY 197.2
197.2 Definitions.
As used in this Part:
(a) Commissioner means the Industrial Commissioner of the State of New York.
(b) Farm labor contractor includes:
(1) any person who, for a fee, recruits, transports, supplies or hires farm or food processing workers to work for, or under the direction, supervision or control of, a third person; or
(2) any person who recruits, transports, supplies or hires farm or food processing workers and who, for a fee, directs, supervises or controls all or any part of the work of such workers.
The term farm labor contractor shall not include an employment agency licensed in accordance with the provisions of article 11 of the General Business Law. The term farm labor contractor shall not include a person who is a grower or processor, as defined in this section, who recruits or hires workers for work on his farm or in his plant.
(c) Fee includes any money or other valuable consideration paid or promised to be paid to a farm labor contractor for the performance of any of the services enumerated in subdivision (b) of this section.
(d) Grower or processor means any person who is the owner, lessee or operator of a farm or food processing plant.
(e) Person includes any individual, firm, partnership, cooperative, association or corporation.
(f) Farm labor camp commissary means a place where goods are offered for sale or lease, including meals sold to workers, and which is operated in or in connection with a farm labor camp. Farm labor camp commissary includes a building, shed or structure, or any part thereof, occupied as a farm labor camp commissary.
(g) Farm labor camp means a property consisting of a tract of land and all tents, vehicles, buildings or other structures pertaining thereto, any part of which may be occupied by persons employed in farm activities who are provided with sleeping facilities, in whole or in part, by the owner, lessee or operator thereof, with or without stipulated agreement as to the duration of their stay, whether or not they are supplied with meals, but who are supplied with services or facilities as are necessary for their use of such property.
(h) Farm activities shall include the following activities in connection with vegetables and fruits and the plants, bushes or trees producing the vegetables or fruits: fitting, planting, cultivating, harvesting, vining, sorting, grading, packing, storing, canning, freezing, dehydrating, bottling and preserving or treating by any method.
(i) Goods includes all goods, wares, merchandise, food or any article or thing.
12 CRR-NY 197.2
Current through June 30, 2021
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