#agritourism

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Note: This website is intended to provide general information about legal issues, crop insurance, farm policy, and other risk management issues and should not be construed as providing legal advice. It should not be cited or relied upon as legal authority. For advice about how the issues discussed here might apply to your individual situation, you should consult an attorney.

Welcome to the Maryland Risk Management Education Blog, provided by the University of Maryland Department of Agricultural and Resource Economics and features the work of the Maryland Crop Insurance Education program and the University of Maryland - MPowering the State's Agriculture Law Education Initiative, a University of Maryland Extension Signature Program. This blog provides readers with information on risk management issues important to Maryland agriculture, upcoming events, and new materials that may interest readers.

New Bill Creates Model Definition for Agricultural Alcohol Production

Megan Todd

Jan 30, 2020
2 min

New Bill Creates Model Definition for Agricultural Alcohol Production

By Margaret Todd The article is not a substitute for legal advice. See here for the site’s reposting policy. A bill going through Maryland’s General Assembly this session, SB 118, would create a model definition for a local jurisdiction to adopt in their land-use laws for “agricultural alcohol production.” The bill was filed by request of the Maryland Department of Agriculture and already passed its third reading in the state Senate with full support. Like when the Maryland

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New Laws Continue to Support Agritourism in Maryland

Nicole Cook

Dec 10, 2019
2 min

New Laws Continue to Support Agritourism in Maryland

By Nicole Cook This article is not a substitute for legal advice. See here for the site’s reposting policy. Agritourism continues to be a growing source of income for many Maryland farmers, and Maryland’s General Assembly and Governor Hogan continue to pass laws designed to support agritourism economic development in Maryland and promote the diversification of farm-related activities. This last spring, the General Assembly passed, and Governor Hogan signed, two bills that b

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How Do Service and Therapy Animals Fit into a “No Pets” Policy?

Sarah Everhart

Mar 5, 2019
3 min

How Do Service and Therapy Animals Fit into a “No Pets” Policy?

By Sarah Everhart At the Agriculture Law Education Initiative we often educate farmers whose farms are open to the public and the farm operators typically share a common concern, namely, what to do when a customer wants to bring an animal onsite, to assist with a disability or to provide emotional or therapeutic support, despite a “no pets” policy? There are many reasons to exclude pets from a farm that is open to the public, chief among them, food safety and liability concer

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Sarah Everhart

Apr 24, 2018
2 min

Agritourism- I Know It When I See It

By Sarah Everhart See here for the site’s reposting policy. According to the 2012 agricultural census completed by the U.S. Department of Agriculture’s National Agricultural Statistics Service, there were 307 agritourism farms in Maryland with revenues of $7.3 million. Maryland farm operators who want to incorporate agritourism into their farming operations face a variety of challenges including increased liability exposure, health code permitting, and zoning. Maryland’s cou

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Admin

Mar 9, 2018
2 min

Weekly Roundup March 9th

By Sarah Fielder Silicon Valley’s New Status Symbol: Chickens Silicon Valley’s tech elite have found a new hobby: backyard poultry. Many are using chickens as ways to de-stress and spending large sums of money on their chickens. The Washington Post highlights this new fad with the tech elite. To read the story, click here http://wapo.st/2oM8LRI. Salt Water Intrusion Threatens Maryland Farms The Atlantic highlights the struggles faced by many Maryland farmers losing product

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Admin

Feb 16, 2018
3 min

Weekly Roundup Feb. 16th

By Sarah Fielder Budget Deal Includes Fix for Cotton and Dairy Early last Friday morning, Congress passed a budget deal that included a fix for the cotton programs and dairy programs. With dairy, the Dairy Margin Protection Program (MPP) would now be calculated on a monthly basis rather than a bimonthly basis, premiums would be changed for medium and small dairy farms on $4.50 and $5 coverage levels, and includes other fixes to MPP that dairy producers had asked for. The bi

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Admin

Dec 16, 2017
2 min

Weekly Roundup Dec. 14th

By Sarah Fielder RMA Ends 10 Percent Insurance Option for Preventive Planting USDA’s Risk Management Agency announced that the +10 percent option for preventive planting will be eliminated. This crop insurance option provided coverage on input costs if weather prevented planting. Moving forward only the +5 percent option will be available. To read the announcement from RMA, click here http://bit.ly/2o11KOD. Monsanto Offers Cash Back When You Buy New Dicamba Products Mon

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Admin

Dec 8, 2017
3 min

Weekly Roundup Dec. 8th

By Sarah Fielder State Agriculture Leaders Urge Poultry Growers to be on Guard for Deadly Bird Flu The Maryland Department of Agriculture is calling for a renewed effort this winter by all poultry producers to intensify their biosecurity. During this time of year, migratory waterfowl moving through Maryland present a heightened risk for High Path Avian Influenza (HPAI)—a potentially devastating disease for poultry operations. To read the full press release go here: http://bi

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Admin

Dec 1, 2017
2 min

Weekly Roundup Dec. 1st

By Sarah Fielder A Growing Number of Young Americans Are Leaving Desk Jobs to Farm For only the second time in the last century, the number of farmers under 35 years old is increasing, according to the U.S. Department of Agriculture’s latest Census of Agriculture. Sixty-nine percent of the surveyed young farmers had college degrees — significantly higher than the general population. To read the full story go here: https://go.umd.edu/xdj Mid-Shore Farm and Forestry Succession

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Admin

Oct 27, 2017
2 min

Weekly Roundup Oct. 27th

By Sarah Fielder Monsanto Sues Arkansas Over Dicamba Restrictions This week Monsanto sued the state of Arkansas to block potential summer restrictions to the use of new versions of dicamba recently developed by the Arkansas State Plant Board. Monsanto claims the decision has impacted their business in Arkansas. To learn more about the suit, click here http://reut.rs/2lbM35Y. New Publication Focused on Risk Management Tools Available Mason Grahame and Paul Goeringer have re

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Admin

Jun 9, 2017
3 min

Weekly Roundup June 9th

By Sarah Fielder Article Looks at Governor Hogan’s Impact on Rural Maryland A recent Capital News Service article looks at Hogan’s impact on rural voters. The story highlights many of the concerns that rural voters and politicians have. The story is available at http://bit.ly/2ruEzfu. North Carolina Farmer Sentenced for Dumping Manure into River A North Carolina farmer was sentenced for violating the Clean Water Act for dumping manure into the French Broad River. The farme

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West Virginia Supreme Court Decision on Farmland Lease Highlights Why Parties Should Communicate

Paul Goeringer

Dec 13, 2016
2 min

West Virginia Supreme Court Decision on Farmland Lease Highlights Why Parties Should Communicate

This post is not legal advice Today, I return to looking at farmland leases and a recent court decision out of West Virginia. The farmland lease in question restricted the tenant to only using the property for an agricultural purpose. But what if the tenant met with a concert promoter and permitted the promoter to use the farmland for a music festival, pending the approval of a zoning permit? Is this a breach of the lease, allowing the landlord to then terminate the lease?

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May 27, 2016
3 min

Weekly News Update: May 27th Edition

By Mayhah Suri Rancher Fights EPA and Wins Wyoming rancher recently settled a dispute with EPA involving building a stock pond on his property. The rancher had gotten approvals from the appropriate state and local agencies and worked with a consultant to build the pond appropriately, but after the pond was built the Army Corps of Engineers and EPA sent the rancher a letter letting him know the pond potentially violated the Clean Water Act. To listen to the rancher’s story,

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Does Hosting Weddings Constitute Agritourism? A Followup!

Admin

Mar 23, 2016
3 min

Does Hosting Weddings Constitute Agritourism? A Followup!

By Ashley Ellixson If the title looks familiar to you, it’s because back in August Paul wrote a post about a case out of New Hampshire where the court asked the question: should all agritourism activities on the farm be considered agriculture in nature? The court in New Hampshire ruled that weddings were not an accessory to a Christmas tree farm and thus not considered agritourism for agricultural purposes. Paul’s full post and overview of this particular case can be found h

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Farm Animals and E.coli- Understanding and Prevention

Sarah Everhart

Feb 17, 2016
2 min

Farm Animals and E.coli- Understanding and Prevention

By Sarah Everhart Although E. coli bacteria is something mainly associated with improperly cooked or handled food, there is a growing health concern about exposure to E. coli after contacting farm animals at petting zoos, fairs, and at agritourism operations. The public’s growing interest in farming is wonderful when it benefits agriculture operators, but operators need to be vigilant about protecting visitors who come in contact with farm animals. Pathogenic E.coli bacteria

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Gifford v. McCarthy: What Do Agritourism Operations Need to Know About Anti-Discrimination Statutes

Paul Goeringer

Jan 26, 2016
4 min

Gifford v. McCarthy: What Do Agritourism Operations Need to Know About Anti-Discrimination Statutes

This post should not be construed as legal advice. If you run an agritourism operation, you have a lot of legal issues to consider. What happens if someone is injured while on your farm? What happens if someone gets sick eating food from a concession area? The list can go on and on. Something that may not be on a lot of your minds is how marriage equality laws and anti-discrimination laws impact your agritourism operation, especially if you operate as a venue for weddings

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Dec 18, 2015
3 min

News Roundup: December 18th Edition

By Mayhah Suri FAA Announces UAVs Registration Process This week, the Federal Aviation Administration (FAA) announced that any unmanned aerial vehicle (UAV) commonly referred to as drones over half a pound must be registered with the agency. Any UAV owned before Dec. 21, 2015 must be registered with the FAA by Feb. 16, 2016. UAVs owned after Dec. 21, 2015 will need to be registered before the first flight. Owners can begin registering their drones online starting Dec. 21.

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Does Hosting Weddings Count As Agriculture? One State Says No

Paul Goeringer

Aug 12, 2015
3 min

Does Hosting Weddings Count As Agriculture? One State Says No

This post should not be construed as legal advice (or marriage counseling). According to the most recent Census of Agriculture, Maryland had 307 farms reporting income from agritourism operations. These activities can include everything from corn mazes, petting zoos, u-pick, hayrides, facilities for weddings, etc. The question can often arise: should all agritourism activities on the farm be considered agriculture? For example, if you put in facilities to hold outdoor conc

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Liability Waiver-Something You Should Consider To Protect Your Farm

Admin

Oct 30, 2014
3 min

Liability Waiver-Something You Should Consider To Protect Your Farm

By Ashley Ellixson Do you give tours of your farm operation? Do people knock on your door and ask to see your cow, poultry, vegetable operation, or the like? If your answer to either of these questions is YES, you may have legal questions regarding these interested people. Many of you are concerned about visitors on your farm for various reasons. This is a common concern amongst all farmers no matter what your operation entails. One of the major issues that arise when peop

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Managing Legal Risks for Agritourism Operations

Paul Goeringer

Oct 10, 2014
3 min

Managing Legal Risks for Agritourism Operations

This column should not be construed as legal advice This column originally appeared in the Lancaster Farming, Vol. 59 No. 52 Oct. 4th Edition. I realize this column is a couple of months overdue but we are in the middle of agritourism season for many farms across the state and country. Many of you have the opportunity to walk through corn mazes, pick pumpkins, or go on a hayride. But many agritourism operators have concerns about how to limit liability for customers who get

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