Budget Amendment ID: FY2026-S3-782-R1

Redraft OTH 782

Agritourism Definition

Mr. Kennedy moved that the proposed new text be amended by inserting after section 36 the following section:-

“SECTION 36A. Chapter 128 of the General Laws is hereby amended by inserting after section 1A the following section:-

Section 1B. The following terms shall have the following meanings unless the context clearly requires otherwise:

“Agritourism”, an agriculturally-related educational, entertainment, historical, cultural, commercial or recreational activity that allows or invites members of the general public to observe, participate in and experience that activity and that serves to encourage the purchase of agricultural products grown on the land where the activity takes place; provided, however, that such activities shall only be considered “agritourism” if: (i) conducted on land primarily used for commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture; or (ii) conducted on land not primarily used for commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture where: (1) not less than 75 per cent of such land is dedicated to agriculture; (2) not less than 50 per cent of the agricultural product produced on such land, either by gross annual sales or annual volume, is utilized in agritourism activities; and (3) not less than 75 per cent of gross annual income from all activities on such land shall be the result of: (A) not less than 25 per cent from the sale of products produced on said land; and (B) not less than 50 per cent from the sale of products that have been produced on such land or on land in the commonwealth used for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture.”.