SENATE DOCKET, NO. 2456        FILED ON: 1/31/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2469

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Edward J. Kennedy

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act defining agritourism.

_______________

PETITION OF:

 

Name:

District/Address:

 

Edward J. Kennedy

First Middlesex

 

Jacob R. Oliveira

Hampden, Hampshire and Worcester

11/1/2023


SENATE DOCKET, NO. 2456        FILED ON: 1/31/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2469

By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 2469) (subject to Joint Rule 12) of Edward J. Kennedy and Jacob R. Oliveira for legislation to define agritourism.  Tourism, Arts and Cultural Development.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2643 OF 2021-2022.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

An Act defining agritourism.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

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.