Chapter 128 of the General laws, as appearing in the 2018 Official Edition, is hereby amended by adding after section 1A, the following new section:-
SECTION 1B:
"Agritourism" is defined as "an agriculturally related educational, entertainment, historical, cultural, or recreational activity, including you-pick operations or farm markets, conducted on a farm that allows or invites members of the general public to observe, participate in, experience, or enjoy that activity."
Section 2 - MGL 40a, Section 3, as appearing in the 2018 Official Edition, is hereby amended by adding after the first paragraph the following:-
These protections afforded in the previous paragraph shall apply to agritourism activities as defined in Chapter 128, Section 1B, provided that the agritourism activity must:
1. Generate no more than 25%of the gross farm income. Of the remaining income, at least 65% must come from the sale of product grown on the farm or another qualifying Massachusetts farm, a minimum of 35% of which must be produced at the farm at which the agritourism activity takes place.
2. A non-farming property owner may conduct agritourism on a property provided that:
a. At least 75% of the acreage of the property is dedicated to traditional agricultural activities
b. At least 50% of the agricultural product produced on the property, by either gross sales or volume, are purchased by the property and utilized in the agritourism activity.
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