Representative Carl R. Albrecht proposes the following substitute bill:


1     
AGRITOURISM AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Carl R. Albrecht

5     
Senate Sponsor: Scott D. Sandall

6     

7     LONG TITLE
8     General Description:
9          This bill addresses agritourism activities.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     expands agricultural nuisance liability protections in relation to an agritourism
14     activity;
15          ▸     provides that an agricultural protection area may include an agritourism activity;
16          ▸     requires the Department of Agriculture and Food to maintain an agritourism registry
17     and describes requirements relating to the registry;
18          ▸     includes additional risks inherent to participating in an agritourism activity;
19          ▸     requires an agritourism operator to post signage regarding the inherent risks of
20     participating in an agritourism activity;
21          ▸     expands civil liability protections for an operator of an agritourism activity; and
22          ▸     makes technical changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          4-44-102, as enacted by Laws of Utah 2019, Chapter 81
30          17-41-301, as last amended by Laws of Utah 2019, Chapter 227
31          26B-7-401, as renumbered and amended by Laws of Utah 2023, Chapter 308
32          78B-4-512, as last amended by Laws of Utah 2015, Chapter 63
33     ENACTS:
34          4-2-1001, Utah Code Annotated 1953
35          4-2-1002, Utah Code Annotated 1953
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 4-2-1001 is enacted to read:
39     
Part 10. Agritourism Registry

40          4-2-1001. Definitions.
41          As used in this part:
42          (1) "Agricultural enterprise" means the same as that term is defined in Section
43     78B-4-512.
44          (2) "Agritourism activity" means the same as that term is defined in Section
45     78B-4-512.
46          (3) "Registry" means the voluntary agritourism registry described in Section 4-2-1002.
47          Section 2. Section 4-2-1002 is enacted to read:
48          4-2-1002. Agritourism registry.
49          (1) The department shall maintain a voluntary agritourism registry.
50          (2) The purpose of the registry is to provide public notice of locations where
51     individuals may participate in an agritourism activity.
52          (3) The owner of an agricultural enterprise that provides an agritourism activity in Utah
53     may voluntarily place the agritourism activity on the registry by providing the following
54     information to the department:
55          (a) the name and location of the agricultural enterprise;
56          (b) a description of the agritourism activity; and
57          (c) details relating to participation in the agritourism activity, including cost, hours of
58     operation, and other relevant information.
59          (4) The owner of an agricultural enterprise with an agritourism activity on the registry
60     shall notify the department of any changes to the information described in Subsection (3).
61          (5) The department:
62          (a) shall post the information on the registry to the department's website in a location
63     where the public may conveniently access the information;
64          (b) may publicize the availability of the registry to the public; and
65          (c) may not charge a fee to be listed on, or to use, the registry.
66          (6) A registration under this section is in effect for five years, unless the owner requests
67     removal at an earlier time.
68          Section 3. Section 4-44-102 is amended to read:
69          4-44-102. Definitions.
70          As used in this chapter:
71          (1) (a) "Agricultural operation" means [an activity engaged in the production for
72     commercial purposes] the commercial production of crops, orchards, livestock, poultry,
73     aquaculture, livestock products, or poultry products [and the facilities, equipment, and property
74     used to facilitate the activity].
75          (b) "Agricultural operation" includes:
76          (i) the real property where the commercial production described in Subsection (1)(a)
77     occurs;
78          (ii) a facility, a property, or equipment used to facilitate the commercial production
79     described in Subsection (1)(a);
80          (iii) an agritourism activity, as defined in Section 78B-4-512; or
81          (iv) an agricultural protection area established under Title 17, Chapter 41, Agriculture,
82     Industrial, or Critical Infrastructure Materials Protection Areas.
83          (2) "Fundamental change to the operation" does not include:
84          (a) a change in ownership or size;
85          (b) an interruption of farming for a period of no more than three years;
86          (c) participation in a government-sponsored agricultural program;
87          (d) employment of new technology; or
88          (e) a change in the type of agricultural product produced.
89          (3) "Nuisance" means anything that is injurious to health, indecent, offensive to the
90     senses, or an obstruction to the free use of property, so as to interfere with the comfortable
91     enjoyment of life or property.
92          Section 4. Section 17-41-301 is amended to read:
93          17-41-301. Proposal for creation of a protection area.
94          (1) (a) A proposal to create an agriculture protection area, an industrial protection area,
95     or critical infrastructure materials protection area may be filed with:
96          (i) the legislative body of the county in which the area is located, if the area is within
97     the unincorporated part of a county; or
98          (ii) the legislative body of the city or town in which the area is located, if the area is
99     within a city or town.
100          (b) A proposal to create a critical infrastructure protection area can only be initiated by
101     the legislative body of the municipality or county. Creation of a critical infrastructure materials
102     protection area is a legislative act.
103          (c) (i) To be accepted for processing by the applicable legislative body, a proposal
104     under Subsection (1)(a) shall be signed by a majority in number of all owners of real property
105     and the owners of a majority of the land area in agricultural production, industrial use, or
106     critical infrastructure materials operations within the proposed relevant protection area.
107          (ii) For purposes of Subsection (1)(c)(i), the owners of real property shall be
108     determined by the records of the county recorder.
109          (2) The proposal shall identify:
110          (a) the boundaries of the land proposed to become part of the relevant protection area;
111          (b) any limits on the types of agriculture production, industrial use, or critical
112     infrastructure materials operations to be allowed within the relevant protection area; and
113          (c) for each parcel of land:
114          (i) the names of the owners of record of the land proposed to be included within the
115     relevant protection area;
116          (ii) the tax parcel number or account number identifying each parcel; and
117          (iii) the number of acres of each parcel.
118          (3) An agriculture protection area, industrial protection area, or critical infrastructure
119     materials protection area may include within its boundaries land used for a roadway, dwelling
120     site, park, or other nonagricultural use, in the case of an industrial protection area, nonindustrial
121     use, or in the case of a critical infrastructure materials protection area, use unrelated to critical
122     infrastructure materials operations, if that land constitutes a minority of the total acreage within
123     the [the] relevant protection area.
124          (4) An agricultural protection area may include within the boundaries of the
125     agricultural protection area an agritourism activity, as defined in Section 78B-4-512.
126          [(4)] (5) A county or municipal legislative body may establish:
127          (a) the manner and form for submission of proposals; and
128          (b) reasonable fees for accepting and processing the proposal.
129          [(5)] (6) A county and municipal legislative body shall establish the minimum number
130     of continuous acres that shall be included in an agriculture protection area, industrial protection
131     area, or critical infrastructure materials protection area.
132          Section 5. Section 26B-7-401 is amended to read:
133          26B-7-401. Definitions.
134          As used in this part:
135          [(1) "Agricultural tourism activity" means the same as that term is defined in Section
136     78B-4-512.]
137          [(2)] (1) "Agritourism" means the same as that term is defined in Section 78B-4-512.
138          (2) "Agritourism activity" means the same as that term is defined in Section
139     78B-4-512.
140          (3) "Agritourism food establishment" means a non-commercial kitchen facility where
141     food is handled, stored, or prepared to be offered for sale on a farm in connection with an
142     [agricultural tourism] agritourism activity.
143          (4) "Agritourism food establishment permit" means a permit issued by a local health
144     department to the operator for the purpose of operating an agritourism food establishment.
145          (5) "Back country food service establishment" means a federal or state licensed back
146     country guiding or outfitting business that:
147          (a) provides food services; and
148          (b) meets department recognized federal or state food service safety regulations for
149     food handlers.
150          (6) "Certified food safety manager" means a manager of a food service establishment
151     who:
152          (a) passes successfully a department-approved examination;
153          (b) successfully completes, every three years, renewal requirements established by
154     department rule consistent with original certification requirements; and
155          (c) submits to the appropriate local health department the documentation required by
156     Section 26B-7-412.
157          (7) "Farm" means a working farm, ranch, or other commercial agricultural,
158     aquacultural, horticultural, or forestry operation.
159          (8) "Food" means:
160          (a) a raw, cooked, or processed edible substance, ice, nonalcoholic beverage, or
161     ingredient used or intended for use or for sale, in whole or in part, for human consumption; or
162          (b) chewing gum.
163          (9) "Food service establishment" means any place or area within a business or
164     organization where potentially hazardous foods, as defined by the department under Section
165     26B-7-410, are prepared and intended for individual portion service and consumption by the
166     general public, whether the consumption is on or off the premises, and whether or not a fee is
167     charged for the food.
168          (10) (a) "Microenterprise home kitchen" means a non-commercial kitchen facility
169     located in a private home and operated by a resident of the home where ready-to-eat food is
170     handled, stored, prepared, or offered for sale.
171          (b) "Microenterprise home kitchen" does not include:
172          (i) a catering operation;
173          (ii) a cottage food operation;
174          (iii) a food truck;
175          (iv) an agritourism food establishment;
176          (v) a bed and breakfast; or
177          (vi) a residence-based group care facility.
178          (11) "Microenterprise home kitchen permit" means a permit issued by a local health
179     department to the operator for the purpose of operating a microenterprise home kitchen.
180          (12) "Ready-to-eat" means:
181          (a) raw animal food that is cooked;
182          (b) raw fruits and vegetables that are washed;
183          (c) fruits and vegetables that are cooked for hot holding;
184          (d) a time or temperature control food that is cooked to the temperature and time
185     required for the specific food in accordance with rules made by the department in accordance
186     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
187          (e) a bakery item for which further cooking is not required for food safety.
188          (13) "Time or temperature control food" means food that requires time or temperature
189     controls for safety to limit pathogenic microorganism growth or toxin formation.
190          Section 6. Section 78B-4-512 is amended to read:
191          78B-4-512. Definitions -- Participation in an agritourism activity -- Limitations
192     on civil liability.
193          (1) As used in this section:
194          [(a) "Agricultural tourism activity" means an educational or recreational activity that:]
195          [(i) takes place on a farm or ranch or other commercial agricultural, aquacultural,
196     horticultural, or forestry operation; and]
197          [(ii) allows an individual to tour, explore, observe, learn about, participate in, or be
198     entertained by an aspect of agricultural operations.]
199          [(b) "Agritourism" means the travel or visit by the general public to a working farm,
200     ranch, or other commercial agricultural, aquacultural, horticultural, or forestry operation for the
201     enjoyment of, education about, or participation in the activities of the farm, ranch, or other
202     commercial agricultural, aquacultural, horticultural, or forestry operation.]
203          (a) "Agricultural enterprise" means a farm, ranch, or other agricultural, aquacultural,
204     horticultural, or forestry operation.
205          (b) "Agritourism" means the combination of agricultural production with tourism to
206     attract participants from the general public to an agricultural enterprise for the entertainment,
207     recreation, or education of the participants.
208          (c) "Agritourism activity" means an activity at an agricultural enterprise that a
209     participant engages in or observes for recreation, education, or entertainment.
210          [(c)] (d) "Inherent risk of an agritourism activity" means a danger, hazard, or condition
211     [which is an integral] that is part of an [agricultural tourism] agritourism activity [and that
212     cannot be eliminated by the exercise of reasonable care], including:
213          (i) [natural] surface and subsurface conditions of land, vegetation, [and] or water on the
214     property;
215          (ii) unpredictable behavior of domesticated or farm animals on the property; [or]
216          (iii) reasonable dangers of structures or equipment ordinarily used where agricultural or
217     horticultural crops are grown or farm animals or farmed fish are raised[.];
218          (iv) behavior of insects or wildlife not owned or kept by the operator of the property;
219          (v) exposure to pathogens from animals, animal feed, animal waste, or other sources;
220     or
221          (vi) negligent behavior by an individual other than the operator.
222          [(d)] (e) "Operator" means:
223          (i) a person who [operates, provides, or demonstrates an agricultural tourism activity;
224     or] owns or manages an agricultural enterprise where a participant engages in or observes an
225     agritourism activity;
226          (ii) a person who provides an agritourism activity at an agricultural enterprise; or
227          [(ii)] (iii) an employee of a person described in Subsection [(1)(d)(i)] (1)(e)(i) or (ii).
228          [(e)] (f) (i) "Participant" means an individual, other than [a provider or operator, who
229     observes or participates in an agricultural tourism] an operator, who engages in or observes an
230     agritourism activity, regardless of whether the individual [paid to observe or participate in an
231     agricultural tourism] pays to engage in or observe the agritourism activity.
232          (ii) "Participant" does not mean an individual who is paid to participate in an
233     [agricultural tourism] agritourism activity.
234          [(f)] (g) "Property" means the real property where an [agricultural tourism] agritourism
235     activity takes place [and the buildings, structures, and improvements on that real property].
236          [(2) A participant in an agricultural tourism activity may not make any claim against,
237     or recover damages from, any operator for injury primarily resulting from:]
238          [(a) an inherent risk of agritourism; or]
239          [(b) the participant's failure to:]
240          [(i) follow instructions given by the operator; or]
241          [(ii) exercise reasonable caution while engaged in an agricultural tourism activity.]
242          (2) (a) Except as provided in Subsection (3), an operator may not be liable for an
243     injury, illness, death, or damage to personal property of a participant that results from an
244     inherent risk of an agritourism activity if the operator posts the signage described in Subsection
245     (5).
246          (b) An operator is not required to eliminate an inherent risk of an agritourism activity
247     at the operator's agritourism activity.
248          (3) Nothing in Subsection (2):
249          (a) limits the liability of an operator if the operator:
250          (i) acts or omits an act in gross negligence or willful or wanton disregard for the safety
251     of a participant that proximately causes injury, illness, death, or damage to personal property of
252     a participant;
253          (ii) has actual knowledge or reasonably should have known of a dangerous condition
254     on the land, facilities, or equipment used in the agritourism activity that proximately causes
255     injury, illness, death, or damage to personal property of a participant;
256          (iii) has actual knowledge or reasonably should have known of the dangerous
257     propensity of an animal used in an agritourism activity and does not make the danger known to
258     the participant, and the danger proximately causes injury, illness, death, or damage to personal
259     property of a participant; or
260          (iv) intentionally injures the participant;
261          (b) prevents or limits the liability of an operator under a product liability law; or
262          (c) negates assumption of risk as an affirmative defense.
263          (4) A limitation on legal liability afforded to an operator under Subsection (2) is in
264     addition to any limitation of legal liability otherwise provided by law.
265          [(3)] (5) An operator shall post and maintain, in a clearly visible location at each
266     entrance to the property where an [agricultural tourism] agritourism activity takes place or at
267     the location of each [agricultural tourism] agritourism activity, a sign [describing] that:
268          [(a) the inherent risks of the activity; and]
269          [(b) the limitations on liability of the operators.]
270          (a) is printed in black letters, that are a minimum of one inch in height, on a white
271     background; and
272          (b) states, "WARNING: Under Utah law, an operator of an agritourism activity or the
273     property where the activity takes place is not liable for the injury, illness, death, or damage to
274     personal property of a participant that primarily results from the inherent risks of the activity or
275     a participant's failure to follow instructions or exercise reasonable caution. You are assuming
276     the risk of participating in or observing an agritourism activity."
277          [(4) In any action for damages for personal injury, death, or property damage in which
278     an owner or operator of an agritourism activity is named as a defendant, the court shall undergo
279     a comparative negligence analysis and consider whether:]
280          [(a) the injured person deliberately disregarded conspicuously posted signs, verbal
281     instructions, or other warnings regarding safety measures during the activity; or]
282          [(b) any equipment, animals, or appliance used by the injured person during the activity
283     were used in a manner or for a purpose other than that for which a reasonable person should
284     have known they were intended.]
285          Section 7. Effective date.
286          This bill takes effect on May 1, 2024.