Ala. Admin. Code r. 80-8-11-.05

Current through Register Vol. 43, No. 1, October 31, 2024

Section 80-8-11-.05 - Requirements For Approved Agricultural Tourist Attraction Designation

(1) An Approved Agricultural Tourist Attraction shall be a commercial enterprise that complies with requirements of this Chapter and has been approved by the Commissioner. The Attraction may be located at any agricultural location, including horticultural and agribusiness operations that generates tourism income. Examples of commercial enterprises meeting this requirement include, but are not limited to, farms, vineyards, farm wineries, seasonal U-pick operations, farm stands, roadside stands, educational and entertainment agritourism farms, Christmas tree farms, and Farmers markets that are designated "Certified Markets" by the Alabama Farmers Market Authority. The use of the word "farm" in this section includes farm wineries, certified farmers markets, and vineyards.

(2) An agribusiness seeking the designation of Approved Agricultural Tourist Attraction shall:

(a) Be open to the public a minimum of five (5) days a week, 3 to 6 hours per day, preferably one weekend day during the farm's selected season(s). This requirement shall not apply to seasonal operations such as U-pick farms, "Certified Farm Markets" of the Farmers Market Authority, Christmas tree farms, pumpkin patches, corn mazes, fall farms open only in the September through December time frame, farms open for special events or festivals, or for craft and artists' farms which are open by appointment or reservation only,

(b) Maintain a clean and neat appearance at farm entrance and throughout visitor areas,

(c) Must be located on a site free of threats to human health and safety with signage indicating health and safety information and facilities,

(d) Must provide trained staff who welcome individuals or groups, give interpretive tours, answer questions, and are available for assisting tourists, and

(e) Must provide tourists with informational material such as brochures, flyers, maps, activity sheets relating to the agritourism site.

(3) Any agribusiness seeking the designation of Approved Agricultural Tourist Attraction shall also satisfy at least five of the additional requirements below:

(a) Provide educational material for school visits related to farm activities for use both pre and post-visit in addition to materials for use while at the farm,

(b) Provide tourists with clear directions from staff regarding recreational activities and safety rules,

(c) Demonstrate the active production of food, fiber, or other farm products while providing tourists information regarding the process through conversations with staff or appropriate signage,

(d) Demonstrate proper care for livestock, fish, or small animal exhibits while providing tourists information regarding the process through conversations with staff or appropriate signage,

(e) Provide clean restrooms for tourists. Restrooms may be portable, and shall be accessible to special needs tourists,

(f) Provide parking areas with marked spaces on level ground for special needs tourists,

(g) Provide warnings on any areas or activities not accessible or conducive to the safety of special needs or physically-challenged individuals,

(h) Display clearly visible and easy to understand directional signage for all activities,

(i) Provide a free telephone for emergency use with emergency numbers posted near by,

(j) Provide tourists easy access to clean drinking water,

(k) Maintain an area set aside for tourists to relax,

(l) Provide at least one staff member on site that is trained in first aid procedures with a first aid kit that is readily available, inspected frequently, and stocked appropriately,

(m) Provide tourists with a pre-visit packet mailed prior to the visit containing information related to the farm,

(n) Provide tourists with a simple tourist satisfaction survey or similar evaluation tool for feedback from of individuals or groups to assess visitor impression of farm visit, or

(o) Provide easily accessible and smooth paths to accommodate wheelchairs, walkers, and strollers.

(4) In its application, an agribusiness shall declare whether it is applying to be an Approved Agricultural Tourist Attraction in one of the following categories:

(1) a Vineyard/Farm Winery,

(2) an Agritourism Facility, or

(3) a Commercial Agritourism Business. In addition to the requirements of (1), (2) and (3) above, the agribusiness must meet the following requirements for its chosen category.

(a) To be eligible as an Approved Agricultural Tourist Attraction in the Vineyard/Farm Winery category, the applicant shall:

1. Produce wine derived from vineyards on the premises.

2. Conduct regularly scheduled public tours of the grounds or facilities, or Provide such tours upon walk-up request.

3. Market the product on the premises as a retail sale.

4. Have a wine tasting area on the premises, and

5. Have a winery permit issued by the State of Alabama.

(b) To be eligible as an Approved Agricultural Tourist Attraction in the Agritourism Facility category, the applicant shall:

1. Sow, cultivate, grow, or produce an agricultural product on site.

2. Open to tourists for special events or seasonal activities.

3. Devote a minimum of five acres of land to the sowing, cultivating, growing, or production of an agricultural product, and

4. Market the product on the premises for retail sale.

(c) To be eligible as an Approved Agricultural Tourist Attraction in the Commercial Agritourism Business category, the applicant shall:

1. Demonstrate that the business exists on agricultural land or focuses on agricultural products,

2. Be a tourist destination or an accommodation that is not part of a franchise or national chain,

3. Provide a commercial product or service recognized as significant to tourists, and

4. Provide a commercial product or service recognized as important.

Ala. Admin. Code r. 80-8-11-.05

New Rule: Filed May 16, 2012; effective June 20, 2012.

Author: Patrick B. Moody

Statutory Authority:Code of Ala. 1975, § 2-1-13, Act No. 2011-547.