The Agritourism Promotion Act establishes a legal framework to promote agritourism in New Mexico while limiting the liability of agritourism operators under certain conditions. The Act defines key terms such as "agritourism," "agritourism location," "agritourism operator," "inherent risks of agritourism," and "participant." It specifies 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 engage in willful or reckless conduct, fail to disclose known dangers, or intentionally harm a participant.

Additionally, the Act 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 provisions of this Act will take effect on July 1, 2025.