Notices of Intent
NOTICE OF INTENT
Department of Agriculture and Forestry
Office of the Commissioner
Agritourism (LAC 7:XLV.101, 103, and 105)
In accordance with the Administrative Procedures Act, R.S. 49:950 et seq., and R.S. 3:2, 3:3 and 9:2795.5, the Commissioner of Agriculture and Forestry, proposes to adopt regulations to define agritourism activities and to provide the procedure for the approval of agritourism plans of operation. Under R.S. 9:2795.5 the commissioner must define activities related to agritourism for the limitation of civil liability provided for in the statute to become effective and to implement the intent of the legislature. Plans of operation must also be approved by the director of the Louisiana Cooperative Extension Service of the Louisiana State University Agricultural Center or his designee in order to implement the legislation. These regulations provide for the procedure by which an agritourism professional's plan of operation may be submitted for approval and the effects of the approval of the plan. These rules are enabled by R.S. 9:2795.5.
AGRICULTURE AND ANIMALS
Part XLV. Agritourism
Chapter 1.Agritourism Activities; Plans of Operation
A.The words and terms defined in R.S. 9:2795.5 are applicable to this Chapter.
B.The following words and terms are defined for the purposes of this Chapter.
Agricultural Operation―a working farm, ranch, or other commercial agricultural, aquacultural, horticultural, or forestry operation.
Agritourism Plan of Operation―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 will include listing of activities, their risks, suggestions for minimizing those risks, and a plan for the location of warning signs.
Commissioner―the Commissioner of Agriculture and Forestry for Louisiana.
Department―the Louisiana Department of Agriculture and Forestry.
AUTHORITY NOTE:Promulgated in accordance with R.S. 3:2, 3:3 and 9:2795.5.
HISTORICAL NOTE:Promulgated by the Department of Agriculture and Forestry, Office of the Commissioner, LR 35:
A.Agritourism activities are activities engaged in by a participant for one or more of the purposes of enjoyment of, education about, or participation in, the activities of an agricultural operation.
B.The commissioner has defined certain activities as agritourism activities when such 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 such closely related activities may not be specifically listed in the definition. For example, an agricultural craft tour or visit includes such things as attending on-site lectures, hands on participation in the making of an art or craft article, and purchase of an article.
1.The commissioner may add or remove activities to or from the list of agritourism activities from time to time by publishing a supplemental list of agritourism activities in the Potpourri Section of the Louisiana Register and by updating the list of activities on the department's website.
2.Interested persons may request activities to be added or deleted from the list of agritourism activities.
a.All such requests 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.
b.The commissioner shall make the determination as to whether the activity will be added or deleted from the list of agritourism activities. The requesting party shall be notified of the commissioner's decision.
C.A list of the agritourism activities shall be published annually in the Potpourri Section of the February issue of the Louisiana Register and on the department's website.
D. The initial annual listing of agritourism activities established by the commissioner is listed below.
Annual Listing of Agritourism Activities in Accordance with LAC 7:XLV.101-105
Notice:The activities listed below are agritourism activities only when conducted in relation to an agricultural operation as defined in LAC 7:XLV.101.
Agricultural Crafts Tours and Visits
Agricultural Exhibits Tours and Visits
Farmers Markets/on Farm Sales/Roadside Stands Visits and Participation
Agricultural Fairs and Festivals Visits and Participation
Agricultural Operations Planting, Harvesting and Working Activities
Game/Exotic Farm Animal Tours and Visits
Agricultural Operations Tours and Visits
Garden/Nursery Tours and Visits
Guided Crop Tours and Visits
Bed and Breakfasts Tours, Visits, and Stays
Historical Tours of or Visits to Former Agricultural Operations
Christmas Tree Farms Visits and Tree Cutting
Hunting/Working Dog Trials/Training
Corn/Hay Bale/Other Mazes Visits and Participation
Petting Zoos Tours, Visits, and Interaction with Animals
Crop Harvesting at U-Pick Operations
Pumpkin Patch Visits and Participation
Educational Tours and Visits
Louisiana Register Vol. 34, No. 10 October 20, 2008