Current through Register Vol. 42, No. 11, August 30, 2024
(1) An Approved
Agricultural Tourist Attraction shall be a commercial enterprise that complies
with requirements of this Chapter and has been approved by the Commissioner.
The Attraction may be located at any agricultural location, including
horticultural and agribusiness operations that generates tourism income.
Examples of commercial enterprises meeting this requirement include, but are
not limited to, farms, vineyards, farm wineries, seasonal U-pick operations,
farm stands, roadside stands, educational and entertainment agritourism farms,
Christmas tree farms, and Farmers markets that are designated "Certified
Markets" by the Alabama Farmers Market Authority. The use of the word "farm" in
this section includes farm wineries, certified farmers markets, and
vineyards.
(2) An agribusiness
seeking the designation of Approved Agricultural Tourist Attraction shall:
(a) Be open to the public a minimum of five
(5) days a week, 3 to 6 hours per day, preferably one weekend day during the
farm's selected season(s). This requirement shall not apply to seasonal
operations such as U-pick farms, "Certified Farm Markets" of the Farmers Market
Authority, Christmas tree farms, pumpkin patches, corn mazes, fall farms open
only in the September through December time frame, farms open for special
events or festivals, or for craft and artists' farms which are open by
appointment or reservation only,
(b) Maintain a clean and neat appearance at
farm entrance and throughout visitor areas,
(c) Must be located on a site free of threats
to human health and safety with signage indicating health and safety
information and facilities,
(d)
Must provide trained staff who welcome individuals or groups, give interpretive
tours, answer questions, and are available for assisting tourists,
and
(e) Must provide tourists with
informational material such as brochures, flyers, maps, activity sheets
relating to the agritourism site.
(3) Any agribusiness seeking the designation
of Approved Agricultural Tourist Attraction shall also satisfy at least five of
the additional requirements below:
(a) Provide
educational material for school visits related to farm activities for use both
pre and post-visit in addition to materials for use while at the
farm,
(b) Provide tourists with
clear directions from staff regarding recreational activities and safety
rules,
(c) Demonstrate the active
production of food, fiber, or other farm products while providing tourists
information regarding the process through conversations with staff or
appropriate signage,
(d)
Demonstrate proper care for livestock, fish, or small animal exhibits while
providing tourists information regarding the process through conversations with
staff or appropriate signage,
(e)
Provide clean restrooms for tourists. Restrooms may be portable, and shall be
accessible to special needs tourists,
(f) Provide parking areas with marked spaces
on level ground for special needs tourists,
(g) Provide warnings on any areas or
activities not accessible or conducive to the safety of special needs or
physically-challenged individuals,
(h) Display clearly visible and easy to
understand directional signage for all activities,
(i) Provide a free telephone for emergency
use with emergency numbers posted near by,
(j) Provide tourists easy access to clean
drinking water,
(k) Maintain an
area set aside for tourists to relax,
(l) Provide at least one staff member on site
that is trained in first aid procedures with a first aid kit that is readily
available, inspected frequently, and stocked appropriately,
(m) Provide tourists with a pre-visit packet
mailed prior to the visit containing information related to the farm,
(n) Provide tourists with a simple tourist
satisfaction survey or similar evaluation tool for feedback from of individuals
or groups to assess visitor impression of farm visit, or
(o) Provide easily accessible and smooth
paths to accommodate wheelchairs, walkers, and strollers.
(4) In its application, an agribusiness shall
declare whether it is applying to be an Approved Agricultural Tourist
Attraction in one of the following categories:
(1) a Vineyard/Farm Winery,
(2) an Agritourism Facility, or
(3) a Commercial Agritourism Business. In
addition to the requirements of (1), (2) and (3) above, the agribusiness must
meet the following requirements for its chosen category.
(a) To be eligible as an Approved
Agricultural Tourist Attraction in the Vineyard/Farm Winery category, the
applicant shall:
1. Produce wine derived from
vineyards on the premises.
2.
Conduct regularly scheduled public tours of the grounds or facilities, or
Provide such tours upon walk-up request.
3. Market the product on the premises as a
retail sale.
4. Have a wine tasting
area on the premises, and
5. Have a
winery permit issued by the State of Alabama.
(b) To be eligible as an Approved
Agricultural Tourist Attraction in the Agritourism Facility category, the
applicant shall:
1. Sow, cultivate, grow, or
produce an agricultural product on site.
2. Open to tourists for special events or
seasonal activities.
3. Devote a
minimum of five acres of land to the sowing, cultivating, growing, or
production of an agricultural product, and
4. Market the product on the premises for
retail sale.
(c) To be
eligible as an Approved Agricultural Tourist Attraction in the Commercial
Agritourism Business category, the applicant shall:
1. Demonstrate that the business exists on
agricultural land or focuses on agricultural products,
2. Be a tourist destination or an
accommodation that is not part of a franchise or national chain,
3. Provide a commercial product or service
recognized as significant to tourists, and
4. Provide a commercial product or service
recognized as important.
Author: Patrick B. Moody
Statutory Authority:
Code of Ala.
1975, §
2-1-13,
Act No. 2011-547.
