(a) This title does not apply: (1) to a common carrier or an employee of a common carrier solely because it transports a migrant agricultural worker; (2) to a custom grain combine, hay harvesting, or sheep shearing operation or to an employee of the operation while the employee is performing a farm labor contracting service only for the operation; (3) to an individual who performs farm labor contracting services, or an employee of the individual while the employee is performing a farm labor contracting service only for the individual, within a 25-mile intrastate radius of the permanent place of residence of the individual and not exceeding 13 weeks a year; (4) to an agricultural operation when engaging a farm labor contractor through the Maryland Department of Labor; or (5) to an individual who performs farm labor contracting services only for a farm or a cannery, packing shed, seed conditioning establishment, or other processing establishment, if: (i) the individual or an immediate family member of the individual exclusively owns and operates the farm or establishment; and (ii) only the individual and immediate family members of the individual perform farm labor contracting services for the farm or establishment. (b) This title does not apply: (1) to any person other than a farm labor contractor to whom no more than 10 migrant agricultural workers are provided at any time during the current and preceding calendar years; (2) to an individual while acting as an employee of an agricultural operation that is excluded under item (1) of this subsection; or (3) to a custom operation for poultry harvesting, breeding, debeaking, sexing, or health service or to an employee of the operation while the employee is performing a farm labor contracting service only for the operation, unless the operation regularly requires an employee to be absent during nonworking hours from the domicile of the employee.
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