North Carolina § 99E-30 - Definitions.

§ 99E-30. Definitions.

As used in this Article, the following terms mean: Agritourism activity. - Any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities, hunting, fishing, equestrian activities, or natural activities and attractions. An activity is an agritourism activity whether or not the participant paid to participate in the activity. "Agritourism activity" includes an activity involving any animal exhibition at an agricultural fair licensed by the Commissioner of Agriculture pursuant to G.S. 106-520.3. Agritourism professional. - Any person who is engaged in the business of providing one or more agritourism activities, whether or not for compensation. Inherent risks of agritourism activity. - Those dangers or conditions that are an integral part of an agritourism activity including certain hazards, including surface and subsurface conditions, natural conditions of land, vegetation, and waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activity also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity. Participant. - Any person, other than the agritourism professional, who engages in an agritourism activity. Person. - An individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group acting as a unit. History (2005-236, s. 1; 2007-171, s. 1; 2020-18, s. 5(a).) Editor's Note. - Session Laws 2005-236, s. 2, made this article effective January 1, 2006, and applicable to agritourism activities, as defined in G.S. 99E-30, that occur on or after that date. Session Laws 2017-108, s. 1(a), (b), provides: "(a) The Agriculture and Forestry Awareness Study Commission shall study all of the following matters: "(1) Any updates it deems advisable to Article 44 of Chapter 106 of the General Statutes governing unfair practices by handlers of fruits and vegetables, including applicable definitions and requirements under the Article. "(2) The advisability of providing property tax abatement to aging farm machinery. In conducting this study, the Commission shall consider all of the following: (i) whether farm machinery 10 years or older, or other time period the Commission deems appropriate, should be designated as a special class under Section 2(2) of Article V of the North Carolina Constitution and be excluded from property tax; (ii) if such farm machinery should be excluded from property tax, whether an eighty percent (80%) property tax exclusion is an appropriate exclusion amount, or another amount the Commission deems appropriate; and (iii) the fiscal impact on local governments if such machinery were to be excluded from property tax. The Commission may request any information necessary to complete the study from any county tax office in this State and from the Department of Revenue. "(3) The type of activities that constitute agritourism when conducted on a bona fide farm and other relevant matters relating to agritourism activities. "(b) The Agriculture and Forestry Awareness Study Commission shall complete the studies required by subsection (a) of this section and report its findings and recommendations, including any legislative proposals, to the General Assembly by March 1, 2018." Session Laws 2017-108, s. 21, is a severability clause. Session Laws 2020-18, s. 5(e), made the amendment to subdivision (1) by Session Laws 2020-18, s. 5(a), which inserted "hunting, fishing, equestrian activities," effective June 12, 2020, and further provides that the amendment shall not be construed to affect any existing agreement or settlement with a local government, any permit or zoning decision previously issued by a local government, or any pending or ongoing litigation. Session Laws 2020-18, s. 16(a), is a severability clause. Effect of Amendments. - Session Laws 2007-171, s. 1, effective July 4, 2007, and applicable to causes of action arising on or after that date, added the last sentence in subdivision (1). Session Laws 2020-18, s. 5(a), inserted ""hunting, fishing, equestrian activities" in subdivision (1). For effective date and applicability, see editor's note.