The National Agricultural Law Center
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Agritourism


Overview

Agritourism is a field that is growing in popularity as producers try to diversify and increase profits. By combining agriculture and tourism, agritourism offers new sources of revenue but also presents potential problems and legal complications to agritourism operators. Simply stated, agritourism could be thought of as the crossroads of tourism and agriculture. Stated more technically, agritourism can be defined as a form of commercial enterprise that links agricultural production and/or processing with tourism in order to attract visitors onto a farm, ranch, or other agricultural business for the purposes of entertaining and/or educating the visitors and generating income for the farm, ranch, or business owner. Read the full overview

Note: Recently added resources are posted at the top of the applicable sections.

Major Statutes

States' Agritourism Statutes
States' Recreational Use Statutes
States' Equine Activity Statutes
Animal Welfare Act, 7 U.S.C. §§ 2131-2159
Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213


Editor's Note: Many states have laws directly applicable to agritourism operations and operators. A database of these statutes is currently being compiled and will be posted to this Reading Room when completed.

Case Law

Note: Recently summarized cases are listed and linked in Recent Postings.

Case Law Index for Agritourism

Center Research Publications

States' Recreational Use Statutes (Springsteen & Rumley)
Recreational Use of Private Lands: Associated Legal Issues (McEowen)
Farmers' Markets Rules, Regulations, and Opportunities (Hamilton)
The Farmer's Legal Guide to Producer Marketing Associations (O'Brien)
An Overview of Organizational and Ownership Options Available for Agricultural Enterprises
Part I
(Goforth)
An Overview of Organizational and Ownership Options Available for Agricultural Enterprises
Part II
(Goforth)
Planting the Seeds for a New Industry: Agritourism (Pittman)
Zoning Limitations and Opportunities for Farm Enterprises Diversification: Searching for a
New Meaning in Old Definitions
(Branan)

Congressional Research Service Reports

CRS Subject(s):
Rural Development
Commodities

Reference Resources

USDA
Agricultural Marketing Service
AMS Farmers Markets
Animal and Plant Health Inspection Service
Subject: Animal Welfare
Guidelines for Dealers, Exhibitors, Transporters, and Researchers
Licensing and Registration Under the Animal Welfare Act
Animal Care and the Animal Welfare Act: Basic Questions and Answers
Animal Exhibitors Information
Animal Care
Cooperative State Research, Education, and Extension Service
Small & Home-based Business: Rural Tourism
Economic Research Service
Farm-Based Recreation: A Statistical Profile
(Brown, 2007)
Briefing Room: Infrastructure and Rural Development Policy
Briefing Room: Land Use, Value, and Management
Briefing Room: Organic Farming and Marketing
Briefing Room: Rural Industry
Policy Topic: Rural Policy
Subject: Rural Economy
Recommended Readings:
Farmland Protection: The Role of Public Preferences for Rural Amenities (Hellerstein, 2002)
Rural Areas Benefit from Recreation and Tourism Development (Reeder and Brown, 2005)
Recreation, Tourism, and Rural Well-Being
(Reeder and Brown, 2005)
Policy Options for a Changing Rural America
(Whitener, 2005)
Forest Service
Special Programs: Tourism
Position Paper: Loss of Open Space
National Survey on Recreation and the Environment
National Agricultural Library
Alternative Marketing and Business Practices
Promoting Tourism in Rural America
Rural Information Center: Tourism Resources
Stories Across America: Opportunities for Rural Tourism
Animal Welfare Information Center
National Agricultural Statistics Service
Vermont Agritourism 2002
Hawaii Agritourism 2004
Natural Resources Conservation Service
Alternative Enterprises and Agritourism
Recreation and Tourism Policy
Alternative Enterprises and Agritourism: Farming for Profit and Sustainability Resource Manual
Taking the First Step: Farm and Ranch Alternative Enterprise and Agritourism Enterprise
Resource Evaluation Guide
Rural Development
Agritourism (Agricultural Marketing Resource Center)


Other Federal Resources
Entertainment Farming and Agri-Tourism: Business Guide(ATTRA, 2004)
Internal Revenue Service
Forms and Publications to Assist Farmers
IRS Farmers' Tax Guide
Small Business and Self-Employed One-Stop Resource
United States Department of Justice
Americans with Disabilities Act Home Page
Appropriate Technology Transfers for Rural Areas (ATTRA)
Entertainment Farming and Agri-Tourism: Business Management Guide (Adam, 2004)
Building Better Rural Places: Federal Programs for Sustainable Agriculture, Forestry, Conservation
and Community Development
(Krome et al., 2005)
National Center for Appropriate Technology (NCAT)
Sustainable Agriculture & Rural Development
Sustainable Agriculture Research and Education (SARE)
Economics/Marketing
Building a Sustainable Business: A Guide to Developing a Business Plan for Farms and
Rural Businesses
(2003)


Publications
Western Profiles of Innovative Agricultural Marketing: Examples from Direct Farm Marketing
and Agri-Tourism Enterprises
(U. AZ)
A Farmer's Guide To Hosting Farm Visits For Children
Key Points to Consider for Various Alternative Enterprises (U. FL Ext.)
Agritourism Workbook (Russell, AGlink 2003)
The Opportunity for Agritourism Development in New Jersey (Schilling, Food Policy Institute,
Rutgers, 2006)
Agri-Tourism (VA Coop. Ext., 2001)
The Latest on Trends in Nature-Based Outdoor Recreation (Forest Service)
Nature-Based Tourism and Agritourism Trends: Unlimited Opportunities (Maetzold, Kerr Center,
NRCS, 2002)
Obstacles in the Agritourism Regulatory Process: Perspectives of Operators and Officials in 10
California Counties
(U. CA. Ag. Issues Center, Keith et al., 2003)
Agritourism in Focus: A Guide for Tennessee Farmers (U. TN, 2005)
Considering an Agritainment Enterprise in Tennessee (Holland & Wolfe, U. TN)
Snapshot of Tennessee Agritourism 2003 (Bruch & Holland, U. TN)
Direct Farm Marketing and Tourism Handbook (U. AZ, 2006)
Oklahoma Agritourism Resource Book (OK Dept. of Agric.)
Developing Trails and Tourism on Private Lands (TX A&M)
Considerations for an Agritainment Enterprise in Georgia (U. GA)
Considerations for Agritourism Development (Kuehn et al., Sea Grant NY, 1998)
Reducing Liability Risks on Your Farm (Copeland, 2003)
Agri-Tourism Workbook (Russell, AGLink, 2003)
Insuring "Agritainment": Is It Farming or a Business? (Am. Assoc. of Ins. Servs., 2005)
Factors Motivating Agritourism Entrepreneurs (Mace)
Minimizing Liability for Public Access to Private Lands (Silberstein & Rosensweig, 2002)
Rural Landowner Liability for Recreational Injuries: Myths, Perceptions, and Realities (Wright et al.,
SWCS, 2002)


Additional Resources
Tourism and Community Development: Resources and Applied Research Clearinghouse (U. WI)
National Tourism Database: Compilation of Extension Materials (MI State U.)
Agricultural Tourism - Outdoor Recreation and Tourism (UT State U. Extension)
Agritourism (PA State Extension)
Agritourism (Univ. of FL Extension)
Ecotourism (U. of FL Extension)
Agritourism (Agricultural Marketing Resource Center)
Agriculture-Based Economic and Community Development (Cornell)
AgroTourNet (European Union- Leonardo Da Vinci Programme)
Farm and Ranch Recreation Resource Directory (ND State U., 2004)
Economic and Rural Community Development Directory (NRCS)
Agritourism Health and Safety Guidelines for Children (Marshfield Clinic)
Small Farm Center: Agricultural Tourism (U. CA-Davis)
Landowners' Liabilities (U. TX-Austin)
Small Farm Success Project
National Association of Resource Conservation and Development Councils, Inc.
The International Ecotourism Society
White Hutchinson Agritainment Newsletter
Travel Industry of America


Recommended Readings and Publications (not freely available electronically)
Robin Cheryl Miller, Effect of Statute Limiting Landowner's Liability for Personal Injury to Recreational User,
47 A.L.R.4TH 262
John D. Copeland, Analysis of the Farmer's Comprehensive Liability Policy, 24 IND. L. REV. 1451 (1991)
Robert A. Coulthard, The Changing Landscape of America's Farmland: A Comparative Look at Policies
Which Help Determine the Portrait of Our Land– Are There Lessons We Can Learn From the EU?
,
6 DRAKE J. AGRIC. L. 261 (2001)
Terence J. Centner, Revising State Recreational Use Statutes to Assist Private Property Owners and
Providers of Outdoor Recreational Activities
, 9 BUFF. ENVTL. L.J. 1 (2001)







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