§ 4-2A002. Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Agricultural, farm or ranch:\ One (1) or more areas of land used for the production, cultivation, growing, harvesting or processing of agricultural products.

Agricultural farm stay:\ Visiting a farm at least overnight as a paying guest, providing some experience of rural life.

Agricultural museum:\ An establishment operated as a repository or collection of curiosities or objects of agricultural interest or significance for public display.

Agricultural products:\ Any livestock, aquaculture, poultry, horticultural, floricultural, viticulture, silvicultural, or other farm crops.

Agricultural service operation:\ An occupation in which skill and expertise in some agriculturally related field are applied to the service of others engaged in agriculture; provided that sales of goods shall be limited to those incidental to the performing of a service.

Agriculturally related products:\ Items sold on-site or at a farmer's market to attract customers and promote the sale of agricultural products. Such items include, but are not limited to, all agricultural and horticultural products, animal feed, baked goods, ice cream and ice cream based desserts and beverages, jams, honey, gift items, food stuffs, clothing and other items promoting the farm and agriculture in Virginia and value-added agricultural products and production on site.

Agriculturally related uses:\ Those on-site activities that predominantly use agricultural products, buildings or equipment, such as pony rides, corn mazes, pumpkin rolling, barn dances, sleigh/hay rides, and educational events, such as farming and food preserving classes.

Agricultural tourism:\ The practice of visiting an agribusiness, horticultural, or agricultural activity, including, but not limited to, a farm, orchard, winery, brewery, greenhouse, a companion animal or livestock show, for the purpose of recreation, education, or active involvement in the operation, other than as an owner, contractor or employee of the activity.

Agritourism:\ 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, wineries, breweries, ranching, historical, cultural, harvest-your-own activities, or natural activities and attractions, regardless of whether or not the participant paid to participate in the activity.

Agritourism activity:\ Any agricultural activity that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, breweries, ranching, historical, cultural, harvest-your-own activities, natural activities and attractions, or other purposes of agricultural tourism, whether or not the agritourism participant paid to participate in the activity. Agritourism activities must be conducted in accordance with section 22-262.3 herein.

Agritourism participant:\ Any person, other than an agritourism professional, who engages in an agritourism activity.

Agritourism professional:\ Any person who is engaged in the business of providing one (1) or more agritourism activities, whether or not for compensation.

Aquaculture:\ Land or activities devoted to the hatching, raising, harvesting and breeding of fish, shellfish, and aquatic plants for sale.

Cider mill:\ A mill that extracts juice from apples to make apple cider.

Dairy:\ A commercial establishment for the manufacture and sale of dairy products.

Farm brewery:\ A brewery located on a farm on land zoned RAC and owned or leased by such brewery or its owner and some agricultural products are grown on the farm, including barley, other grains, hops or fruit used by such brewery in the manufacture of its beer. A farm brewery shall not produce more than fifteen thousand (15,000) barrels of beer per calendar year.

Farm, temporary event in agricultural structure:\ A barn or similar structure that may be rented for special occasions, such as weddings, private parties, banquets, or other similar events.

Farm winery:\ An establishment (i) located on a farm in the Commonwealth of Virginia with a producing vineyard, orchard, or similar growing area and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than eighteen percent (18%) alcohol by volume or (ii) located in the Commonwealth of Virginia with a producing vineyard, orchard, or similar growing area or agreements for purchasing grapes or other fruits from agricultural growers within the Commonwealth of Virginia, and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than eighteen percent (18%) alcohol by volume. As used in this definition, the terms "owner" and "lessee" shall include a cooperative formed by an association of individuals for the purpose of manufacturing wine. In the event such cooperative is licensed as a farm winery, the term "farm" as used in this definition includes all of the land owned or leased by the individual members of the cooperative as long as such land is located in the Commonwealth of Virginia.

Farmer's market, on-site:\ A market held in a structure or open area for the sale of agricultural products or value-added agricultural products, directly to the consumer from a site on a working farm or any agricultural, horticultural or agritourism activity.

Greenhouse, commercial, and/or nursery:\ Establishments engaged primarily in the retail sale of trees, shrubs, seeds, fertilizers, pesticides, plants, plant materials, and garden supplies, primarily for agricultural, residential and commercial consumers.

Non-agriculturally related products:\ Those items not connected to farming or the farm operation, such as novelty t-shirts or other clothing, crafts and knick-knacks imported from other states or countries, etc.

Non-agriculturally related uses:\ Activities that are part of an agritourism operation's total offerings but not tied to farming or the farm's buildings, equipment, fields, etc. Such non-agriculturally related uses include amusement rides and concerts, and may be subject to obtaining a special event permit.

Seasonal:\ A recurrent period characterized by certain occurrences, festivities, or crops; harvest, when crops are ready; not all year round.

Value-added agricultural product:\ The enhancement or improvement of the overall value of an agricultural commodity or of an animal or plant product to a higher value. The enhancement or improvement includes, but is not limited to, marketing, agricultural processing, transforming, or packaging, education presentation, activities and tours.

Wine:\ Any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing (i) sugar, including honey and milk, either with or without additional sugar; (ii) one-half of one percent (0.5) or more of alcohol by volume; and (iii) no product of distillation. The term includes any wine to which wine spirits have been added, as provided in the Internal Revenue Code, to make products commonly known as "fortified wine" which do not exceed an alcohol content of twenty-one percent (21%) by volume. (11-17-16; 7-19-18; 11-15-18.)