Definitions

  1. Law
  2. Arkansas Code
  3. Agriculture
  4. General Provisions
  5. Agritourism Act
  6. Definitions

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As used in this chapter:

  1. (1) “Agribusiness operation” means an agricultural, horticultural, viticultural, forestry, dairy, livestock, poultry, bee, or any other farm, ranch, plantation, or range business operation;

  2. (2)

    1. (A) “Agritourism activity” means an interactive or passive activity carried out with or without payment to an agritourism activity operator on a farm, ranch, or agribusiness operation related to agriculture, food production, historic traditions, or nature-watching conducted by an agritourism activity operator for the education, entertainment, or recreation of participants.

    2. (B) “Agritourism activity” includes without limitation:

      1. (i) A farming or ranching activity;

      2. (ii) The viewing of historic, cultural, or natural attractions;

      3. (iii) A harvest-your-own activity;

      4. (iv) Nature-watching; and

      5. (v) An activity involving an animal exhibition at an agricultural fair.

    3. (C) “Agritourism activity” does not include:

      1. (i) A roadside fruit and vegetable stand; or

      2. (ii) An operation exclusively devoted to the sale of merchandise or food at retail;

  3. (3) “Agritourism activity operator” means an individual or entity that provides the facilities and equipment necessary to participate in an agritourism activity;

  4. (4) “Inherent risk” means dangers or conditions that are an integral part of an agritourism activity, including without limitation:

    1. (A) The propensity of a wild or domestic animal to behave in ways that may result in injury, harm, or death to persons on or around the wild or domestic animal;

    2. (B) Hazards such as surface and subsurface conditions;

    3. (C) Natural conditions of land, vegetation, and waters;

    4. (D) Ordinary dangers of structures or equipment used in farming or ranching operations; and

    5. (E) The potential of a participant to act in a negligent way that may contribute to injury to the participant or others, whether failing to follow safety procedures or failing to act with reasonable caution while engaging in the agritourism activity; and

  5. (5) “Participant” is defined as a person, other than the agritourism activity operator, who engages in an agritourism activity.


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