|DATE:||June 29, 1994|
|MEMO CODE:||WIC Policy Memorandum: 94-10|
|SUBJECT:||Loggers as Migrant Farmworkers|
Supplemental Food Programs
This policy memorandum provides clarification regarding the classification of loggers as migrant farmworkers. Also, in anticipation of other queries about occupational groups which might be defined as migrant farmworkers, the following guidance is provided.
The WIC regulations at 246.2 define a migrant farmworker as an individual whose principal employment is in agriculture on a seasonal basis, who has been so employed within the last 24 months, and who establishes, for the purposes of such employment, a temporary abode. We have examined the definition of migrant(s) as used by other public and private organizations concerned with migrants and migrant services , and; in each case, some reference was made to the agricultural or seasonal nature of migrancy and movement of individuals for agricultural employment purposes. FNS Instruction 803-14 further defines "agriculture" as meaning, among other things, the production, growing, and harvesting of any commodity grown in or on the land, or an adjunct to or part of a commodity grown in or on the land.
The harvesting of trees meets the definition of agriculture as established in FNS Instruction 803- 14. However, for a logger to be considered a migrant farmworker under the WIC Program, s/he must have been principally employed in this activity on a seasonal basis within the last 24 months and for the purposes of such employment, establishes a temporary abode. Loggers who meet both of these conditions may be classified as migrant farmworkers for WIC program purposes.
STANLEY C. GARNETT
Supplemental Food Programs Division