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Privacy policy. 2002Subsec. Compliance, The hours accumulated within the 150 air-mile radius are not counted toward the drivers hours of service. The new rule expands the variety of agricultural commodities that are eligible for a complete exemption from the FMCSAs hours-of-service rules in 49 CFR Part 395. agricultural or horticultural commodities (other than manufactured products thereof); commodities listed as exempt in the Commodity List incorporated in ruling numbered 107, cooked or uncooked fish, whether breaded or not, or frozen or fresh shellfish, or byproducts thereof not intended for human consumption, other than fish or shellfish that have been treated for preserving, such as canned, smoked, pickled, spiced, corned, or kippered products; and. Loaded and Unloaded Pub. ELD Compliance, Question: Does the agricultural commodity exception ( 395.1(k)(1)) apply to drivers while driving unloaded within 150 air-miles of the place where an agricultural commodity will be loaded, and to that portion of an unloaded return trip which occurs within a 150 air-mile radius of the place where the agricultural commodity was loaded? 1471], as amended, insects, and all other living animals cultivated, grown, or raised for commercial purposes, including aquatic animals. FMCSA extends COVID-19 emergency exemption and waivers - J. J. Keller List of Commodities That Are Not Exempt by Statute Under 49 U.S.C. the farmers agricultural or horticultural commodities and products; or, may not exceed in each fiscal year 25 percent of the total. Provisions similar to those in this section were contained in section 10526 of this title prior to the general amendment of this subtitle by Pub. Intermediate storage away from the farm. It means food commodities in a raw or natural state and not subjected to significant post-harvest changes to enhance shelf life, such as canning, jarring, freezing, or drying. Learn more about our story. Official websites use .govA .gov website belongs to an official government organization in the United States. The 395.1(k)(1) Agricultural commodity exception is available to a driver transporting agricultural commodities for a distance up to 150 air-miles from the source, regardless of the distance between the source and final destination or place of delivery. Agricultural Commodity | FMCSA Once the hours-of-service rules begin to apply on a given trip, they continue to apply for the duration of that trip, until the driver crosses back into the area within 150 air-miles of the original source of the commodities.