By: Sarah Spalding

Ninety-five percent of the world’s Bourbon is produced in Kentucky.[i] There are 6.7 million barrels of aging Bourbon in the state, meaning there are roughly 1.5 barrels for each Kentuckian.[ii] Today, the Kentucky Bourbon Trail and Craft Tour have brought 2.5 million visitors to the state from twenty-five countries and all fifty states to visit 37 distilleries on the tour.[iii] Bourbon has surged in popularity recently, bringing many tourists to Kentucky.[iv] Farmers in the Bluegrass State would be well advised to consider implementing the practice of agritourism to turn some of the overflow foot traffic from the Bourbon Trail into a source of farm revenue.

Recently, farmers across the U.S. have struggled with issues like reduced crop prices and excessive rain that hinder the planting season.[v] Farmer loan delinquencies and bankruptcies are at a six-year high.[vi] Additionally, tobacco farmers are looking for ways to replace lost revenue after ceasing to grow the crop.[vii] For Kentucky farmers, the implementation of agritourism could be a transformative way to maintain family farms and increase revenue by showcasing the assets that the farms possess and adding some new ones.[viii]

https://www.flickr.com/photos/calliope/10742561004

KRS 247.801 defines agritourism as “the act of visiting: (a) A farm or ranch; or (b) Any agricultural, horticultural, or agribusiness operation; for the purpose of enjoyment, education, or active involvement in the activities of the farm, ranch, or operation.”[ix] The statutes for agritourism in Kentucky should be utilized by farmers in the bourbon trail’s path because the purpose of the statute is to “(1) Promote agritourism in Kentucky to potential visitors, both national and international; and (2) Assist in sustaining the viability and growth of the agritourism industry in Kentucky.”[x]

With visitors from all fifty states and over twenty-five countries coming to the Kentucky Bourbon Trail year by year, this statute caters perfectly to farmers near this major tourism industry.[xi] One of the ways in which the statute offers guidance and assistance to farmers looking to deal in agritourism is through the Office of Agritourism, whose duties include:

Providing support, education, and resource materials for all interested persons, to include but not be limited to existing Kentucky agritourism businesses, displaced tobacco farmers and others engaged in agribusiness within the state, and other Kentuckians with the intent of developing an agritourism business. The agritourism office shall provide this assistance in the following areas, to include but not be limited to: (a) Agritourism opportunities, networks, product development, and entrepreneurship; (b) Agritourism funding opportunities, including but not limited to grants, loans, and partnerships; and (c) Insurance and infrastructure concerns of the agritourism industry.[xii]

Farmers would be well advised to utilize the Office of Agritourism to find grants or assistance to help them begin and continue to increase their revenue from this practice. Farmers wishing to begin the practice of agritourism may consider creating a scavenger hunt that is themed for the season, such as different types of apples, a maze, and adding slides, go karts, and hay bale pyramids.[xiii]

The Leeds Farm in Ohio is a great example of how a family of farmers embraces the agritourism industry. They initially used the resources they already on the farm, such as a giant bin of shelled corn to play in, along with educational posters about the crops they grew.[xiv] The farm has since expanded to include a fort with bales for climbing, hayrides around the pond, a goat area, and a large barn with over forty activities including racing slides, human gerbil wheels, mini ziplines, and pedal carts big enough for adults to even enjoy.[xv] In addition to pumpkin picking, farms may draw in tourists by creating a pumpkin jump where kids can test trampoline skills in the fall.[xvi] These types of tourist attractions may be the catalyst that brings more families to Central Kentucky to visit to the Bourbon Trail, catering to those who do not wish to participate in the Trail, or kids and teenagers who are underage by ensuring there are activities in the area to incentivise the entire family to visit.

Farmers may be concerned about the liability risks of having visitors on their farms, but there is a statutory provision that provides protection. KRS 247.809 stipulates that an “agritourism professional” is not liable for any injuries or deaths that stem from the “inherent risk of agritourism activities.”[xvii] This is true so long as there is a release signed by the participant and a warning compliant with KRS 247.8091.[xviii] It should be noted that this liability protection does not apply where there are conditions of negligence or willful, wanton, or undisclosed danger.[xix] This statute helps farmers not to let the fear of liability keep them from engaging in the agritourism practice.

Kentucky’s farms have an amazing potential for family-friendly activities. In the same way, the Bourbon Trail experience is a unique asset to the Commonwealth showcasing a booming industry. As the fall season continues, farmers in the area looking to increase revenue should consider taking advantage of the resources provided by the Dept. of Agritourism and the statutes available to make their farms a destination for a barrel of fun in Bourbon country.

[i] About the Kentucky Bourbon Trail, kybourbontrail, https://kybourbontrail.com/about/. (last visited Oct. 10, 2019).

[ii] Id.

[iii] Id.

[iv] Joanna Walters, Kentucky Bourbon Production at Highest Level in 50 Years, The Guardian (Sept. 27, 2018, 3:07 PM), https://www.theguardian.com/us-news/2018/sep/27/kentucky-bourbon-wiskey-distillers-production.

[v] Chuck Jones, Amid Trump Tariffs, Farm Bankruptcies and Suicides Rise, Forbes (Aug. 30, 2019, 11:58 AM), https://www.forbes.com/sites/chuckjones/2019/08/30/amid-trump-tariffs-farm-bankruptcies-and-suicides-rise/#687b058e2bc8

[vi] Id.

[vii] What Is Agritourism?, KY Dept. of Agriculture, https://www.kyagr.com/marketing/agritourism.html. (last visited Oct. 10, 2019).

[viii] Id.

[ix] Ky. Rev. Stat. Ann. § 247.801 (West 2017).

[x] Ky. Rev. Stat. Ann. § 247.800 (West 2018).

[xi] Id., supra note iii.

[xii] Ky. Rev. Stat. Ann. § 247.802 (West 2009).

[xiii]Agritourism Activities, Agritourism Ideas, https://www.agritourismideas.com/activities. (Last visited Oct. 10, 2019).

[xiv] Karen Bernick, Agritourism: Farm, Fun, and Education, Successful Farming (Sept. 27, 2018), https://www.agriculture.com/agritourism-farm-fun-and-education.

[xv] Id.

[xvi] Id.

[xvii] Ky. Rev. Stat. Ann. § 247.809 (West 2012).

[xviii] Id.

[xix] Id.