The Agritourism Promotion Act aims to promote agritourism in New Mexico while limiting the liability of agritourism operators under certain conditions. The bill defines key terms related to agritourism, including "agritourism," "agritourism location," "agritourism operator," "inherent risks of agritourism," and "participant." It establishes that agritourism operators are not liable for injuries or deaths resulting from inherent risks, provided they post a warning sign that clearly communicates these risks. However, operators can still be held liable if they act with willful disregard for safety, fail to disclose known dangers, or intentionally harm a participant.
Additionally, the bill mandates that agritourism operators obtain a certificate of insurance coverage and outlines the requirements for posting warning signs at agritourism locations. The Office of the Superintendent of Insurance is tasked with creating rules to ensure liability insurance accessibility for agritourism operators. The Agritourism Promotion Act will take effect on July 1, 2025, and includes a severability clause to maintain the validity of the remaining provisions if any part of the act is found invalid.