Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 31 Third Substitute (2024GS)

Sponsor

Rep. Albrecht, C.

Final action

Governor Signed 3/12/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• expands agricultural nuisance liability protections in relation to an agritourism activity;
• provides that an agricultural protection area may include an agritourism activity;
• requires the Department of Agriculture and Food to maintain an agritourism registry and describes requirements relating to the registry; Ĥ→ [
• modifies civil liability limitations in relation to an agricultural tourism activity; and ] 22a
• includes additional risks inherent to participating in an agritourism activity; 22b
• requires an agritourism operator to post signage regarding the inherent risks of 22c participating in an agritourism activity; and ←Ĥ
• makes technical changes.

Every vote on this bill

Bill text

This document includes House Floor Amendments incorporated into the bill on Tue, Jan 30, 2024 at 11:48 AM by housengrossing.
 AGRICULTURAL TOURISM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carl R. Albrecht
Senate Sponsor: 
 Scott D. Sandall
LONG TITLE
Ĥ→ [
Committee Note:
The Natural Resources, Agriculture, and Environment Interim Committee
recommended this bill.
Legislative Vote: 14 voting for 0 voting against 5 absent
] ←Ĥ
General Description:
This bill addresses agritourism activities.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ expands agricultural nuisance liability protections in relation to an agritourism
activity;
▸ provides that an agricultural protection area may include an agritourism activity;
▸ requires the Department of Agriculture and Food to maintain an agritourism registry
and describes requirements relating to the registry;
Ĥ→ [
 ▸ modifies civil liability limitations in relation to an agricultural tourism activity; and
]
22a 
▸ includes additional risks inherent to participating in an agritourism activity;
22b 
 ▸ requires an agritourism operator to post signage regarding the inherent risks of
22c 
participating in an agritourism activity; and
 ←Ĥ
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-44-102
, as enacted by Laws of Utah 2019, Chapter 81
17-41-301
, as last amended by Laws of Utah 2019, Chapter 227
26B-7-401
, as renumbered and amended by Laws of Utah 2023, Chapter 308
78B-4-512
, as last amended by Laws of Utah 2015, Chapter 63
ENACTS:
4-2-1001
, Utah Code Annotated 1953
4-2-1002
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-2-1001
 is enacted to read:
Part 10. Agritourism Registry
 4-2-1001.
Definitions.
As used in this part:
(1) "Agricultural enterprise" means the same as that term is defined in Section
78B-4-512
.
(2) "Agritourism activity" means the same as that term is defined in Section
78B-4-512
.
(3) "Registry" means the voluntary agritourism registry described in Section 
4-2-1002
.
Section 2. Section 
4-2-1002
 is enacted to read:
 4-2-1002.
Agritourism registry.
(1) The department shall maintain a voluntary agritourism registry.
(2) The purpose of the registry is to provide public notice of locations where
individuals may participate in an agritourism activity.
(3) The owner of an agricultural enterprise that provides an agritourism activity in Utah
may voluntarily place the agritourism activity on the registry by providing the following
information to the department:
(a) the name and location of the agricultural enterprise;
(b) a description of the agritourism activity; and
(c) details relating to participation in the agritourism activity, including cost, hours of
operation, and other relevant information.
(4) The owner of an agricultural enterprise with an agritourism activity on the registry
shall notify the department of any changes to the information described in Subsection (3).
(5) The department:
(a) shall post the information on the registry to the department's website in a location
where the public may conveniently access the information;
(b) may publicize the availability of the registry to the public; and
(c) may not charge a fee to be listed on, or to use, the registry.
(6) A registration under this section is in effect for five years, unless the owner requests
removal at an earlier time.
Section 3. Section 
4-44-102
 is amended to read:
4-44-102.
Definitions.
As used in this chapter:
(1) (a) "Agricultural operation" means [
an activity engaged in the production for
commercial purposes
] 
the commercial production
 of crops, orchards, livestock, poultry,
aquaculture, livestock products, or poultry products [
and the facilities, equipment, and property
used to facilitate the activity
].
(b) "Agricultural operation" includes
:
(i) the real property where the commercial production described in Subsection (1)(a)
occurs;
(ii) a facility, a property, or equipment used to facilitate the commercial production
described in Subsection (1)(a);
(iii) an agritourism activity, as defined in Section 
78B-4-512
; or
(iv)
 an agricultural protection area established under Title 17, Chapter 41, Agriculture,
Industrial, or Critical Infrastructure Materials Protection Areas.
(2) "Fundamental change to the operation" does not include:
(a) a change in ownership or size;
(b) an interruption of farming for a period of no more than three years;
(c) participation in a government-sponsored agricultural program;
(d) employment of new technology; [
or
]
(e) a change in the type of agricultural product produced[
.
]
; or
(f) the addition of an agritourism activity, as defined in Section 
78B-4-512
.
(3) "Nuisance" means anything that is injurious to health, indecent, offensive to the
senses, or an obstruction to the free use of property, so as to interfere with the comfortable
enjoyment of life or property.
Section 4. Section 
17-41-301
 is amended to read:
17-41-301.
Proposal for creation of a protection area.
(1) (a) A proposal to create an agriculture protection area, an industrial protection area,
or critical infrastructure materials protection area may be filed with:
(i) the legislative body of the county in which the area is located, if the area is within
the unincorporated part of a county; or
(ii) the legislative body of the city or town in which the area is located, if the area is
within a city or town.
(b) A proposal to create a critical infrastructure protection area can only be initiated by
the legislative body of the municipality or county. Creation of a critical infrastructure materials
protection area is a legislative act.
(c) (i) To be accepted for processing by the applicable legislative body, a proposal
under Subsection (1)(a) shall be signed by a majority in number of all owners of real property
and the owners of a majority of the land area in agricultural production, industrial use, or
critical infrastructure materials operations within the proposed relevant protection area.
(ii) For purposes of Subsection (1)(c)(i), the owners of real property shall be
determined by the records of the county recorder.
(2) The proposal shall identify:
(a) the boundaries of the land proposed to become part of the relevant protection area;
(b) any limits on the types of agriculture production, industrial use, or critical
infrastructure materials operations to be allowed within the relevant protection area; and
(c) for each parcel of land:
(i) the names of the owners of record of the land proposed to be included within the
relevant protection area;
(ii) the tax parcel number or account number identifying each parcel; and
(iii) the number of acres of each parcel.
(3) An agriculture protection area, industrial protection area, or critical infrastructure
materials protection area may include within its boundaries land used for a roadway, dwelling
site, park, or other nonagricultural use, in the case of an industrial protection area, nonindustrial
use, or in the case of a critical infrastructure materials protection area, use unrelated to critical
infrastructure materials operations, if that land constitutes a minority of the total acreage within
the [
the
] relevant protection area.
(4) An agricultural protection area may include within the boundaries of the
agricultural protection area an agritourism activity, as defined in Section 
78B-4-512
.
[
(4)
] 
(5)
 A county or municipal legislative body may establish:
(a) the manner and form for submission of proposals; and
(b) reasonable fees for accepting and processing the proposal.
[
(5)
] 
(6)
 A county and municipal legislative body shall establish the minimum number
of continuous acres that shall be included in an agriculture protection area, industrial protection
area, or critical infrastructure materials protection area.
Section 5. Section 
26B-7-401
 is amended to read:
26B-7-401.
Definitions.
As used in this part:
[
(1) "Agricultural tourism activity" means the same as that term is defined in Section
78B-4-512
.
]
[
(2)
] 
(1)
 "Agritourism" means the same as that term is defined in Section 
78B-4-512
.
(2) "Agritourism activity" means the same as that term is defined in Section
78B-4-512
.
(3) "Agritourism food establishment" means a non-commercial kitchen facility where
food is handled, stored, or prepared to be offered for sale on a farm in connection with an
[
agricultural tourism
] 
agritourism
 activity.
(4) "Agritourism food establishment permit" means a permit issued by a local health
department to the operator for the purpose of operating an agritourism food establishment.
(5) "Back country food service establishment" means a federal or state licensed back
country guiding or outfitting business that:
(a) provides food services; and
(b) meets department recognized federal or state food service safety regulations for
food handlers.
(6) "Certified food safety manager" means a manager of a food service establishment
who:
(a) passes successfully a department-approved examination;
(b) successfully completes, every three years, renewal requirements established by
department rule consistent with original certification requirements; and
(c) submits to the appropriate local health department the documentation required by
Section 
26B-7-412
.
(7) "Farm" means a working farm, ranch, or other commercial agricultural,
aquacultural, horticultural, or forestry operation.
(8) "Food" means:
(a) a raw, cooked, or processed edible substance, ice, nonalcoholic beverage, or
ingredient used or intended for use or for sale, in whole or in part, for human consumption; or
(b) chewing gum.
(9) "Food service establishment" means any place or area within a business or
organization where potentially hazardous foods, as defined by the department under Section
26B-7-410
, are prepared and intended for individual portion service and consumption by the
general public, whether the consumption is on or off the premises, and whether or not a fee is
charged for the food.
(10) (a) "Microenterprise home kitchen" means a non-commercial kitchen facility
located in a private home and operated by a resident of the home where ready-to-eat food is
handled, stored, prepared, or offered for sale.
(b) "Microenterprise home kitchen" does not include:
(i) a catering operation;
(ii) a cottage food operation;
(iii) a food truck;
(iv) an agritourism food establishment;
(v) a bed and breakfast; or
(vi) a residence-based group care facility.
(11) "Microenterprise home kitchen permit" means a permit issued by a local health
department to the operator for the purpose of operating a microenterprise home kitchen.
(12) "Ready-to-eat" means:
(a) raw animal food that is cooked;
(b) raw fruits and vegetables that are washed;
(c) fruits and vegetables that are cooked for hot holding;
(d) a time or temperature control food that is cooked to the temperature and time
required for the specific food in accordance with rules made by the department in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
(e) a bakery item for which further cooking is not required for food safety.
(13) "Time or temperature control food" means food that requires time or temperature
controls for safety to limit pathogenic microorganism growth or toxin formation.
Section 6. Section 
78B-4-512
 is amended to read:
78B-4-512.
Definitions -- Participation in an agritourism activity -- Limitations
on civil liability.
(1) As used in this section:
[
(a) "Agricultural tourism activity" means an educational or recreational activity that:
]
[
(i) takes place on a farm or ranch or other commercial agricultural, aquacultural,
horticultural, or forestry operation; and
]
[
(ii) allows an individual to tour, explore, observe, learn about, participate in, or be
entertained by an aspect of agricultural operations.
]
[
(b) "Agritourism" means the travel or visit by the general public to a working farm,
ranch, or other commercial agricultural, aquacultural, horticultural, or forestry operation for the
enjoyment of, education about, or participation in the activities of the farm, ranch, or other
commercial agricultural, aquacultural, horticultural, or forestry operation.
]
(a) "Agricultural enterprise" means a farm, ranch, or other agricultural, aquacultural,
horticultural, or forestry operation.
(b) "Agritourism" means the combination of agricultural production with tourism to
attract participants from the general public to an agricultural enterprise for the entertainment,
recreation, or education of the participants.
(c) "Agritourism activity" means an activity at an agricultural enterprise that a
participant engages in or observes for recreation, education, or entertainment.
[
(c)
] 
(d)
 "Inherent risk 
of an agritourism activity
" means a danger, hazard, or condition
[
which is an integral
] 
that is
 part of an [
agricultural tourism
] 
agritourism
 activity [
and that
cannot be eliminated by the exercise of reasonable care
], including:
(i) [
natural
] surface and subsurface conditions of land, vegetation, [
and
] 
or
 water on the
property;
(ii) unpredictable behavior of domesticated or farm animals on the property; [
or
]
(iii) reasonable dangers of structures or equipment ordinarily used where agricultural or
horticultural crops are grown or farm animals or farmed fish are raised[
.
]
;
(iv) behavior of insects or wildlife not owned or kept by the operator of the property; or
(v) exposure to pathogens from animals, animal feed, animal waste, or other sources.
[
(d)
] 
(e)
 "Operator" means:
(i) a person who [
operates, provides, or demonstrates an agricultural tourism activity
]
owns or manages an agricultural enterprise where a participant engages in or observes an
agritourism activity
; [
or
]
(ii) a person who provides an agritourism activity at an agricultural enterprise; or
[
(ii)
] 
(iii)
 an employee of a person described in Subsection [
(1)(d)(i)
] 
(1)(e)(i) or (ii)
.
[
(e)
] 
(f)
 (i) "Participant" means an individual, other than [
a provider or operator, who
observes or participates in an agricultural tourism
] 
an operator, who engages in or observes an
agritourism
 activity, regardless of whether the individual [
paid to observe or participate in an
agricultural tourism
] 
pays to engage in or observe the agritourism
 activity.
(ii) "Participant" does not mean an individual who is paid to participate in an
[
agricultural tourism
] 
agritourism
 activity.
[
(f)
] 
(g)
 "Property" means the real property where an [
agricultural tourism
] 
agritourism
activity takes place [
and the buildings, structures, and improvements on that real property
].
(2) A participant [
in an agricultural tourism activity
] may not make [
any
] 
a
 claim
against, or recover damages from, [
any operator for injury primarily resulting
] 
an operator for
injury, illness, death, or personal property damage that primarily results
 from:
(a) an inherent risk of [
agritourism
] 
an agritourism activity
; or
(b) the participant's failure to:
(i) follow instructions given by [
the
] 
an
 operator; or
(ii) exercise reasonable caution while engaged in 
or observing
 an [
agricultural tourism
]
agritourism
 activity.
(3) An operator shall post and maintain, in a clearly visible location at each entrance to
the property where an [
agricultural tourism
] 
agritourism
 activity takes place or at the location
of each [
agricultural tourism
] 
agritourism
 activity, a sign [
describing
] 
that
:
[
(a) the inherent risks of the activity; and
]
[
(b) the limitations on liability of the operators.
]
(a) is printed in black letters, that are a minimum of one inch in height, on a white
background; and
(b) states, "WARNING: Under Utah law, an operator of an agritourism activity or the
property where the activity takes place is not liable for the injury, illness, death, or damage to
personal property of a participant that primarily results from the inherent risks of the activity or
a participant's failure to follow instructions or exercise reasonable caution. You are assuming
the risk of participating in or observing an agritourism activity."
Ĥ→ [
[
] ←Ĥ
 (4) In any action for damages for personal injury, death, or property damage in
256a which
an owner or operator of an agritourism activity is named as a defendant, the court shall undergo
a comparative negligence analysis and consider whether:]
[(a) the injured person deliberately disregarded conspicuously posted signs, verbal
instructions, or other warnings regarding safety measures during the activity; or]
[(b) any equipment, animals, or appliance 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. 
Ĥ→ [
]
] ←Ĥ
Section 7. 
Effective date.
This bill takes effect on May 1, 2024.