Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 2 - Administrative Rules › Chapter 13 - Mississippi Agritourism Registration Guidelines › Section 2-1-2-13-101 - Definitions

Current through June 25, 2024
1. "Agritourism" means the travel or visit by
				  the general public to, or the practice of inviting or allowing the general
				  public to travel to or visit a working farm, ranch, or other commercial
				  agricultural, aquacultural, horticultural, or forestry operation for the
				  purpose of enjoyment, education, or participation in the activities of the
				  farm, ranch, or other agricultural, aquacultural, horticultural, or forestry
				  operation.
2. "Agritourism
				  activity" means any activity which allows members of the general public, for
				  recreational, entertainment or educational purposes, to view or enjoy rural
				  activities, including, but not limited to, farming activities, ranching
				  activities or historic or cultural or natural attractions.
3. "Agritourism professional" means any
				  person, partnership, corporation, or the employees or authorized agents, who
				  offer or conduct one or more agritourism activities, whether or not for
				  compensation.
4. "Inherent risks of
				  agritourism activity" means those dangers or conditions that are an integral
				  part of an agritourism activity, including, but not limited to, certain hazards
				  involving surface and subsurface conditions, natural conditions of land,
				  vegetation and waters, the behavior of wild or domestic animals, and ordinary
				  dangers of structures or equipment ordinarily used in farming, ranching, or
				  other commercial agricultural, aquacultural, horticultural or forestry
				  operation. Inherent risks of agritourism activity also include the potential of
				  a participant to act in a negligent manner that may contribute to injury to the
				  participant or others, including failing to follow instructions given by the
				  agritourism professional or failing to exercise reasonable caution while
				  engaging in the agritourism activity.
5. "Participant" means any person, other than
				  the agritourism professional, who engages in an agritourism activity.
6. "Limited liability act" is an act to
				  provide limited liability to persons engaged in a Mississippi registered
				  agritourism activity; to require warning signs at agritourism farms; to promote
				  agritourism in Mississippi; to provide for the repeal of this act; and for
				  related purposes
7. "Limited
				  liability" as it relates to agritourism means an agritourism professional is
				  not liable for injury to or death of a participant resulting from the inherent
				  risks of agritourism activities if the warning signs (contained in this act;
				  see below) are posted as required and, except as is provided (see below), no
				  participant or participant's representative can maintain an action against or
				  recover from an agritourism professional for injury, loss, damage or death of
				  the participant resulting exclusively from any of the inherent risks of
				  agritourism activities. In any action for damages against an agritourism
				  professional for agritourism activity, the agritourism professional may plead
				  the provisions of this action as an affirmative defense.
8. "Agritourism Application" is an
				  application for registration, as well as a venue information form for the
				  agritourism website.
Miss. Code Ann.
					 §
											69-1-1.