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Virginia · U-pick and orchards

U-pick and orchards in Virginia: agritourism liability protection

Scope: agritourism liability protection under the cited source. This is not a complete guide to opening or operating this activity. Local requirements have not been researched.

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What the cited source says

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

Human content review

There is no attorney or subject-matter expert review recorded for this guide. The person responsible for this guide, its completed human content-review date, and its next review due date are not recorded.

Source retrieval dates identify the saved copies; they are not human content-review dates or publication approval. Check the current official text and the guide’s scope before relying on it. How to assess a guide.

Official sources

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

Code of Virginia Title 3.2, Chapter 64

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Retrieved August 13, 2026

Virginia official source · Local rules not included

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.

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What to check next

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

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