WeVote
Log In

Bill

Bill

HB 4271

Relating to authorizing the Department of Agriculture to promulgate a legislative rule relating to agritourism.

2026 Regular Session Introduced by Doug Smith

authorizes state Agriculture to create a legislative rule governing agritourism activities on farms, establishing safety, permits, inspections, and compliance standards.

To House Judiciary
#legislature--rulemaking
0
WeVote Research Nonpartisan
Bill Summary · HB 4271

Overview

HB 4271 (West Virginia, 2026) authorizes the Department of Agriculture to promulgate a legislative rule related to agritourism. The bill directs regulatory authority to establish rules governing agritourism activities conducted on agricultural operations.

Purpose and Intent

  • To empower the Department of Agriculture to create a formal legislative rule that governs agritourism activities.
  • Aims to provide a clear regulatory framework for farms offering tourist experiences, educational activities, farm stays, events, or other visitor-facing services.

Key Provisions

  • Authorization for Rulemaking: The Department of Agriculture is permitted to promulgate a legislative rule specifically addressing agritourism activities.
  • Scope of Agritourism Regulation: While the bill text provided does not enumerate every provision, the anticipated scope typically includes definitions of agritourism activities, qualifications for participation, safety and operational standards, licensing or registration requirements, inspection or compliance processes, and potential exemptions or transitional provisions.
  • Relationship to Existing Law: The rule would be a legislative rule, meaning it would have force of law once adopted, subject to the state’s legislative rulemaking processes (including review, possible revisions, and potential challenges or sunset provisions as applicable in West Virginia’s regulatory framework).

Who Would Be Affected

  • Agricultural Operations: Farms and ranches offering agritourism experiences (e.g., farm tours, pick-your-own activities, events, farm-to-table experiences, educational programs) would be subject to the new regulatory framework.
  • Agritourism Providers: Entities that operate or wish to operate agritourism activities under state oversight.
  • The Department of Agriculture: Responsible for drafting, proposing, and enforcing the agritourism rule.

Procedural and Timeline Aspects

  • Introduced and Filed: January 14, 2026.
  • Initial Committee Routing: Government Organization, then Judiciary.
  • Action History: The bill advanced with a “Do pass, but first to Judiciary” recommendation on January 30, 2026, indicating committee support with referral to the Judiciary Committee for consideration.
  • Sponsor: Co-sponsor Doug Smith.
  • Next Steps (typical WV process): If advanced by Judiciary, the bill would proceed to the full House for debate and potential passage, then to the Senate (where a mirror or companion measure may exist). Upon approval in both chambers, the bill would go to the governor for signature or veto. If enacted, the rulemaking authority would commence under the standard West Virginia legislative-rule process, including opportunities for public comment and potential legislative review.

Potential Impacts

  • Clarity and Consistency: Establishes a formal regulatory framework to standardize agritourism activities across the state.
  • Safety and Compliance: May introduce safety, insurance, visitation, and operational standards intended to protect visitors and agricultural operations.
  • Economic Effect: Could promote agritourism by providing clear rules, potentially expanding legitimate agritourism activities while ensuring regulatory oversight.
  • Administrative Burden: Creates new rulemaking and compliance requirements for farms engaging in agritourism; the specifics would depend on the final rule’s contents.

Notes

  • The bill’s text does not specify exact regulatory provisions; the final rule would define details such as definitions, permits, inspections, exemptions, and enforcement mechanisms, consistent with West Virginia’s legislative rule process.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.