Bill Text: MS HB653 | 2011 | Regular Session | Introduced
Bill Title: Agritourism; provide certain exemptions to persons who engage in.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [HB653 Detail]
Download: Mississippi-2011-HB653-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Agriculture; Tourism
By: Representative Ward
House Bill 653
AN ACT TO REQUIRE AGRITOURISM PROFESSIONALS TO REGISTER WITH THE COMMISSIONER OF AGRICULTURE AND COMMERCE; TO REQUIRE THE COMMISSIONER TO MAINTAIN A LIST OF ALL REGISTERED AGRITOURISM PROFESSIONALS AND CERTAIN OTHER INFORMATION RELATED TO AGRITOURISM ACTIVITIES CONDUCTED BY THOSE PERSONS; TO AUTHORIZE THE COMMISSIONER TO DEFINE CERTAIN ACTIVITIES AS AGRITOURISM ACTIVITIES AND TO ADD OR REMOVE ACTIVITIES TO OR FROM THE LIST OF AGRITOURISM ACTIVITIES AS DEEMED NECESSARY; TO PRESCRIBE THE PROCEDURE BY WHICH INTERESTED PERSONS MAY HAVE THE LIST REVISED; TO ESTABLISH THE LIST OF AGRITOURISM ACTIVITIES; TO PROVIDE AN EXEMPTION FROM LIABILITY TO PERSONS ENGAGED IN AGRITOURISM ACTIVITIES; TO REQUIRE AGRITOURISM PROFESSIONALS TO POST AND MAINTAIN SIGNAGE CONTAINING CERTAIN WARNING NOTICE PROVISIONS; TO REQUIRE THE AGRITOURISM PROFESSIONAL TO PROVIDE A WRITTEN DESCRIPTION OF ANY AGRITOURISM ACTIVITY CONDUCTED AT THAT LOCATION FOR WHICH THAT PERSON'S LIABILITY IS LIMITED; TO REQUIRE PERSONS SEEKING TO AVAIL THEMSELVES OF THE LIMITED LIABILITY AFFORDED UNDER THIS ACT TO SUBMIT AN AGRITOURISM PLAN OF OPERATION TO THE DEPARTMENT OF AGRICULTURE AND COMMERCE TO BE APPROVED BY THE COMMISSIONER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The purpose of this act is to promote rural tourism and rural economic development by encouraging owners or operators of farms, ranches, and rural attractions, including historic, cultural, and natural attractions, to invite members of the public to view, observe and participate in such operations and attractions for recreational or entertainment purposes. This act shall be liberally construed to effectuate that purpose.
SECTION 2. As used in this section, the following words and phrases shall have the meanings ascribed in this section, unless the context clearly indicates otherwise:
(a) "Agritourism" means the travel or visit by the general public to, or the practice of inviting the general public to travel to or visit, a working farm, ranch, or other commercial agricultural, aguacultural, horticultural or forestry operation for the purpose of enjoyment, education or participation in the activities of the farm, ranch or other agricultural, aquacultural, horticultural, or forestry operation.
(b) "Agritourism activities" means those activities related to agritourism as defined in rules and regulations adopted by the Commissioner of Agriculture and Commerce, and which the conduct of any such activity is set forth in a plan of operation approved by the commissioner or his designee.
(c) "Agricultural operation" means a working farm, ranch or other commercial agricultural, aquacultural, horticultural or forestry operation.
(d) "Agritourism plan of operation" means a planning document that will assist agritourism professionals in identifying and addressing possible inherent risks on their operations through recommended best management practices. Components of the plan must include a listing of activities, their risks, suggestions for minimizing those risks and a plan for the location of warning signs.
(e) "Agritourism professional" means any person and his employees or authorized agents who offers or conducts one or more agritourism activities for agritourism purposes.
(f) "Commissioner" means the Commissioner of Agriculture and Commerce.
(g) "Department" means the MississipPi Department of Agriculture and Commerce.
(h) "Inherent risks of agritourism activity" means those conditions, dangers or hazards that are an integral part of an agritourism activity, including:
(i) The surface and subsurface conditions of land and water;
(ii) The natural conditions of vegetation;
(iii) The behavior of domestic animals;
(iv) Those arising from the form or use of structures or equipment ordinarily used on a working farm, ranch, or other commercial agricultural, aquacultural, horticultural or forestry operation; and
(v) The mistakes or negligent acts of a participant that may contribute to injury to the participant or others, including failing to follow instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity.
(i)
"Participant" means any person, other than an agritourism
professional, who engages in an agritourism activity, even if that person did
not pay to participate in the agritourism activity.
SECTION 3. (1) Any person who is engaged in the business
of providing one or more agritourism activities shall register with the
commissioner. The registration shall contain all of the following:
(a) Information describing the agritourism activity which the person conducts or intends to conduct.
(b) Information describing the location where the person conducts or intends to conduct the agritourism activity.
(2) The commissioner shall maintain a list of all registered agritourism professionals, the agritourism activities conducted by each and the location where the agritourism professional conducts those activities. The list shall be made available to the public.
(3) Registration under this section shall be for a period as determined by the commissioner.
(4) No fee shall be charged to persons registering under this section.
SECTION 4. (1) The commissioner is authorized to define certain activities as agritourism activities when those activities are conducted in relation to an agricultural operation. The defining of an activity as an agritourism activity also includes the enjoyment of, education about or participation in closely related activities even though the closely related activities may not be specifically enumerated in the definition.
(2) The commissioner may add or remove activities to or from the list of agritourism activities from time to time as he may deem necessary by publishing a supplemental list of agritourism activities and by updating the list of activities on the department's Web site.
(3) Interested persons may request activities to be added or deleted from the list of agritourism activities. All requests for revisions to the list shall be submitted in writing to the department by letter or e-mail. Each request shall provide the name, address and contact information for the person making the request, a description of the activity and how it is related to an agricultural operation. The commissioner shall make the determination as to whether the activity will be added or deleted from the list of agritourism activities and the department shall notify the requesting party of the commissioner's decision.
(4) The commissioner is authorized to promulgate any rules and regulations as may be deemed necessary for the efficient enforcement of this act. Before the issuance, amendment or repeal of any rule or regulation authorized by this act, the commissioner shall publish the proposed regulation, amendment or notice to repeal an existing regulation in a manner reasonably calculated to give interested persons adequate notice and shall afford all interested persons an opportunity to present their views on the matter of the proposed modifications, orally or in writing, within a reasonable period of time. After consideration of all views presented by interested persons, the commissioner shall take appropriate action to issue the proposed rules or regulations or to amend or repeal an existing rule or regulation.
(5) The commissioner, his designee or agent of the department is authorized to enter the premises of and inspect any agricultural operation conducted by an agricultural professional registered with the department in order to determine compliance with the provisions of this act.
(6) The following activities shall be recognized by the commissioner as agritourism activities:
(a) Agricultural crafts tours and visits;
(b) Agricultural exhibits tours and visits;
(c) Agricultural fairs and festivals visits and participation;
(d) Agricultural operations planting, harvesting and working activities;
(e) Agricultural operations tours and visits;
(f) Bed and breakfasts tours, visits, and stays; (g) Picnicking;
(h) Christmas tree farms visits and tree cutting;
(i) Corn, hay bale or other mazes visits and participation;
(j) Crop harvesting at U-pick operations;
(k) Educational tours and visits;
(l) Farm animal activity attendance and participation;
(m) Farmers markets and on-farm sales;
(n) Fishing;
(o) Garden or nursery tours and visits;
(p) Guided crop tours and visits;
(q) Hiking or packing trips;
(r) Historical tours of or visits to former agricultural operations;
(s) Petting zoos tours, visits, and interaction with animals;
(t) Pumpkin patch visits and participation;
(u) Wagon rides attendance and participation;
(v) Winery tours and visits; and
(w) Youth camp stays and participation.
SECTION 5. (l) Except as provided in subsection (2) of this section, an agritourism professional is not liable for injury to or death of a participant resulting from the inherent risks of agritourism activities, as long as the warning prescribed in Section 6 of this act is posted as required and, except as provided in subsection (2) of this section, no participant or participant's representative can maintain an action against or recover from an agritourism professional for injury, loss, damage or death of the participant resulting exclusively from any of the inherent risks of agritourism activities. In any action for damages arising out of an agritourism activity against an agritourism professional, the agritourism professional shall plead the provisions of this section as an affirmative defense.
(2) Nothing contained in subsection (1) of this section prevents or limits the liability of an agritourism professional, if the agritourism professional does any one or more of the following:
(a) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that act or omission caused injury, damage or death to the participant;
(b) Intentionally injures the participant;
(c) Owns, leases, rents or otherwise is in lawful possession and control of the land or facility upon which the participant sustained injuries because of a dangerous latent condition, including, but not limited to, the dangerous propensity of a particular animal used in the activity, which was known or should have been known to the agritourism professional and for which warning signs have not been conspicuously posted; or
(d) Any limitation on liability provided in subsection (1) of this section to an agritourism professional is in addition to any other limitation of liability otherwise provided by law.
(3) Nothing in subsection (1) of this section shall prevent or limit the liability of an agritourism professional under liability provisions as set forth in products liability laws.
SECTION 6. (1) At every registered agritourism location, the registered agritourism professional shall post and maintain signage that contains the warning notice specified in subsection (3) of this section. This section shall be deemed satisfied if the signage is placed in a clearly visible location at or near the location where the agritourism activity is conducted. The warning notice specified in subsection (3) of this section shall appear on the sign in black letters, with each letter to be a minimum of one (1) inch in height.
(2) The signs described in subsection (1) of this section shall contain the following warning notice:
"WARNING
Under Mississippi law, there is no liability for an injury or death of a participant in a registered agritourism activity conducted at this registered agritourism location if an injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, but shall not be limited to, the potential of you as a participant to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this registered agritourism activity."
(3) Upon request, the agritourism professional shall provide to any participant a written description of the registered agritourism activity, as set forth in the registration under Section 2 of this act, for which this act limits the registered agritourism professional's liability at the location of the agritourism activity.
(4) Failure to comply with the requirements concerning warning signs and notices provided in this section shall prevent an agritourism professional from invoking the limitation of liability provided by this act.
SECTION 7. (1) Any agritourism professional who conducts an agritourism activity and seeks to avail himself of the limited liability afforded under Section 5 of this act shall submit a written and completed agritourism plan of operation for each agritourism activity conducted at the agritourism operation to the Department of Agriculture and Commerce for approval by the commissioner. Multiple activities may be included in the plan.
(2) An agritourism professional who adds an agritourism activity after his agritourism plan of operation has been approved shall submit an agritourism plan of operation for the new activity in the same manner as provided in subsection (1) of this section.
(3) An agritourism plan of operation shall be submitted for each separate agricultural operation where agritourism activities are to be conducted, and shall include:
(a) The name, physical address, mailing address and telephone number of the agritourism professional;
(b) The name under which the agritourism professional will operate, the physical address, mailing address and telephone number of the agricultural operation, if different than the information provided for the agritourism professional;
(c) The business structure, (sole proprietorship, partnership, corporation, limited liability company, joint venture, or other structure) of the agricultural operation;
(d) The physical location of the agricultural operation;
(e) The nature of the agritourism activities to be conducted at the location;
(f) The known inherent risks to participants in the agritourism activities; and
(g) The best management practices, including the placement of warning signs, to be used by the agritourism professional for reducing these risks and for warning participants of the risks.
SECTION 8. This act shall take effect and be in force from and after July 1, 2011.
