PRINTER'S NO. 2972
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2093
Session of
2019
INTRODUCED BY POLINCHOCK, BERNSTINE, CALTAGIRONE, DUNBAR, ECKER,
GILLEN, HERSHEY, KEEFER, MALAGARI, OBERLANDER, OWLETT, QUINN,
STAATS, YOUNGBLOOD AND ZIMMERMAN, DECEMBER 2, 2019
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, DECEMBER 2, 2019
AN ACT
Restricting local government from certain regulation of
agritourism.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Restriction
on Local Regulation of Agritourism Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agritourism activity." A farm-related tourism or farm-
related entertainment activity that takes place on agricultural
land and allows members of the general public, whether or not
for a fee, to tour, explore, observe, learn about, participate
in or be entertained by an aspect of agricultural production,
harvesting, husbandry, rural lifestyle or a limited seasonal
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event that occurs on the farm and that offers the sale at retail
of food for consumption by customers on the agricultural land.
The term does not include an overnight accommodation, concert or
the sale at retail of food as the only service offered.
"Agritourism activity provider." A person who owns,
operates, provides or sponsors an agritourism activity or an
employee of the person who engages in or provides agritourism
activities, whether or not for a fee.
"Farm." Land that is composed of tracts, lots or parcels
totaling not less than 10 acres devoted to agricultural
production or totaling less than 10 acres devoted to
agricultural production if the land produces an average yearly
gross income of at least $2,500 from agricultural production.
"Limited seasonal event." An event that occurs on
agricultural land to coincide with the celebration of a season
of the year or holiday and that highlights a seasonal or holiday
appropriate farm activity or phenomenon of wildlife or nature
that occurs on a farm or the open space around a farm.
"Local government." A municipality, zoning hearing board or
other board of a municipality.
"Participant." An individual, other than an employee of an
agritourism activity provider, who engages in an agritourism
activity.
"Sale at retail of food." The act of offering for sale of
food for human consumption, regardless of whether the food is
fresh, processed, precooked or frozen or whether or not the food
is intended to complement the tasting or sampling of beverages,
and that may be consumed without the use of tableware and while
standing or walking.
Section 3. Restriction on local regulation.
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Notwithstanding any other provision of law to the contrary,
no local government may prohibit the use of land for:
(1) agricultural purposes or the construction of
buildings or structures incident to the use for agricultural
purposes of the land on which the buildings or structures are
located, including buildings or structures used primarily for
vinting or selling wine and that are located on land used for
viticulture; or
(2) agritourism activities.
Section 4. Exception.
The restriction on local government action under section 3
shall not extend to the following:
(1) The size of a structure used primarily for
agritourism.
(2) The size of parking areas required for agritourism.
This paragraph does not include requirements relating to
drainage, parking area base, parking area paving or any other
improvement.
(3) Setback building lines for structures used primarily
for agritourism.
(4) Egress and ingress on land used for agritourism,
where necessary to protect public health and safety.
Section 5. Effective date.
This act shall take effect in 60 days.
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