HB 2362 -- Agritourism Promotion Act

Sponsor:  Ruzicka

This bill establishes the Agritourism Promotion Act which allows
for the registration of any person who is engaged in a business
which provides agritourism activities in Missouri.  In its main
provisions, the bill:

(1)  Defines "agritourism activity" as any activity which allows
the general public for recreational, entertainment, or
educational purposes to view or enjoy rural activities including,
but not limited to, farming and ranching activities or historic,
cultural, or natural attractions;

(2)  Defines "inherent risks of a registered agritourism
activity" as dangers or conditions which are an integral part of
an agritourism activity including the potential of a participant
to act in a negligent manner that may contribute to injury to the
participant or others;

(3)  Allows any person to register his or her agritourism
activity with the Director of the Department of Agriculture.  The
registration must contain a description of the agritourism
activity he or she intends to conduct and the location where the
activity will be conducted;

(4)  Specifies that the registration is for a period of two years
and a fee of up to $200 may be imposed on an applicant to cover
the actual administrative costs associated with registration;

(5)  Requires the department to maintain and make available to
the public a list of all registered agritourism operators, the
registered agritourism activities conducted by each operator, and
the registered agritourism location;

(6)  Requires the department to promote and publicize registered
agritourism operators, activities, and locations by promoting and
encouraging tourism;

(7)  Requires every registered agritourism location to post and
maintain signage which contains a specific warning notice that
there is no liability for certain injuries or the death of a
participant in a registered agritourism activity;

(8)  Specifies that any participant is assuming certain inherent
risks when participating in an agritourism activity;

(9)  Specifies that a registered agritourism operator is not
liable for an injury to or the death of a participant resulting
from the inherent risks of agritourism activities if the warning
is posted as required unless the injury to the participant was by
willful or wanton conduct or the operator failed to make
dangerous conditions known to a participant and the condition
resulted in an injury;

(10)  Specifies that the operator has an affirmative defense to
liability if the injured person deliberately disregarded
conspicuously posted signs, verbal instructions, or other
warnings regarding safety measures during the activity or if any
equipment, animals, or appliances used by the injured person
during the activity were used in a manner or for a purpose other
than that for which a reasonable person should have known they
were intended; and

(11)  Creates the Agritourism Fee Fund consisting of registration
fees and moneys appropriated to the fund to be used solely for
the administration of the provisions of the bill.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:13 pm