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Virginia · U-pick and orchards

U-pick and orchards in Virginia

Harvest-your-own activities are expressly listed in the definition.

Source checked August 13, 2026Virginia state lawLocal rules not included
What the cited source says

Harvest-your-own activities are expressly listed in the definition.

Important conditions

  • Farm or ranch and activity facts, inherent risk, warnings, produce safety, parking, worker safety, accessibility, and local requirements.

Relevant provisions

Named activitiesThe definition includes farming, wineries, ranching, horseback riding, historical, cultural, harvest-your-own, natural activities, and attractions on a farm or ranch. Va. Code § 3.2-6400
Liability ruleSubject to exceptions, the chapter addresses injury or death resulting from inherent risks when the warning is posted and requires the professional to plead assumption of risk as an affirmative defense. § 3.2-6401(A)
ExceptionsThe chapter identifies negligence or willful or wanton disregard, known dangerous land/facility/equipment conditions or animal propensities not disclosed, and intentional injury. § 3.2-6401(B)
Warning signThe sign goes at the entrance and activity site, uses black letters at least one inch high, and contains the prescribed notice. § 3.2-6402(A)-(B)
ContractsWritten contracts for professional services, instruction, or equipment rental must contain the notice in clearly readable print. § 3.2-6402(A)

What this source does not answer

  • The source does not decide whether a particular place is a farm or ranch or whether the activity meets every definition.
  • It does not replace food, alcohol, lodging, animal, transportation, building, fire, accessibility, insurance, or local rules.
  • No case law or fact-specific contract analysis was reviewed.

What to check next

  • Produce-safety requirements
  • Parking and traffic access
  • Accessibility and warning signs
  • Local land-use rules

Official source

Code of Virginia Title 3.2, Chapter 64 — Agritourism Activity Liability

Read official source ↗

Checked August 13, 2026

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