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Loggers as Migrant Farmworkers

EO Guidance Document #
FNS-GD-1994-0007
FNS Document #
WIC 1994-10
Resource type
Policy Memos
Guidance Documents
Resource Materials
PDF Icon Policy Memo (348.60 KB)
DATE: June 29, 1994
MEMO CODE: WIC Policy Memorandum: 94-10
SUBJECT: Loggers as Migrant Farmworkers
TO: Regional Directors
Supplemental Food Programs
All Regions

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
Director
Supplemental Food Programs Division

Page updated: November 30, 2021

The contents of this guidance document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.