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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.

Equine Activity [as defined in R.S. 9:2795.3(A)(3)] Attendance and Participation
Wagon Rides Attendance and Participation
Winery Tours and Visits
Farm Animal Activity [as defined in R.S. 9:2795.1(A)(3)] Attendance and Participation
Youth Camp Stays and Participation

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:

§105.Procedure for Submission of Plan of Operation

A.Any agritourism professional who conducts an agritourism activity and seeks to avail himself of R.S. 9:2795.5 shall submit a written and completed agritourism plan of operation for each such activity to the Louisiana Cooperative Extension Service of the Louisiana State University Agricultural Center for approval. Multiple activities may be included in the plan. The agritourism plan of operation may be sent to LSU AgCenter, 11959 Highway 9, Homer, LA 71040.

1.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 to the Louisiana Cooperative Extension Service of the Louisiana State University Agricultural Center for approval.
2.An agritourism plan of operation shall be submitted for each separate agricultural operation where agritourism activities are to be conducted.

B.The agritourism plan of operation shall include:

1.the name, physical address, mailing address, and telephone number of the agritourism professional;
2.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;
3.the business structure, (sole proprietorship, partnership, corporation, limited liability company, joint venture, or other structure);
4.the physical location of the agricultural operation;
5.the nature of the agritourism activities to be conducted at the location;
6.the known inherent risks to participants in the agritourism activities;
7.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;
8.any other information requested by the Louisiana Cooperative Extension Service of the Louisiana State University Agricultural Center.

C.An agritourism professional, upon approval and implementation of his agritourism plan of operation, shall be presumed to be conducting an agritourism activity for each activity listed on an approved agritourism plan of operation.

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:

Family Impact Statement

The proposed adoption of Louisiana Administrative Code, Title 7, Part XLV, Chapter 1, §§101-105 to adopt regulations defining agritourism activities and establishing procedures for the approval of agritourism plans of operation should not have any known or foreseeable impact on any family as defined by R.S. 49:972(D) or on family formation, stability and autonomy. Specifically there should be no known or foreseeable effect on:

1. the stability of the family;
2.the authority and rights of parents regarding the education and supervision of their children;
3.the functioning of the family;
4.family earnings and family budget;
5.the behavior and personal responsibility of children;
6.the ability of the family or a local government to perform the function as contained in the proposed Rules.

Interested persons may submit written comments, data, opinions, and arguments, whether for, against, or regarding these proposed regulations. Written submissions are to be directed to Carrie L. Castille, PHD, Deputy Assistant Commissioner for Marketing and Agro-Economic Development, Department of Agriculture and Forestry, 5825 Florida Boulevard, Baton Rouge, LA 70806 and must be received no later than 4 p.m. on the 24th day of November, 2008.

No preamble regarding these proposed regulations is available.

Mike Strain, DVM

Commissioner

FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES

RULE TITLE:  Agritourism

I.ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary)

There is estimated to be no significant costs or savings to state or local governmental units. These proposed regulations define agritourism activities; provide the procedure for the approval of agritourism plans of operation; and the effect of such approval. The adoption of these regulations is required by R.S. 9:2795.5. The approval of plans of operation by the Louisiana Cooperative Extension Service of the Louisiana State University Agricultural Center can be done with existing staff and facilities.

II.ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There is estimated to be no significant effect on the revenue of state or local governmental units.

III.ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

There is currently no available data from which to estimate whether there will be a significant effect on costs or economic benefits to affected persons or non-governmental groups. The number of agritourism professionals doing business in Louisiana at this time is not known. The number of lawsuits against agritourism professionals in Louisiana, the amount of settlements or judgments in such suits, and the cost of defending such suits are all factors for which available data has not been found. A survey of other states with limitations of

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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