§ 99E-6 — Definitions

North Carolina § 99E-6

• Jurisdiction: North Carolina
• Ch. 99E: Special Liability Provisions
• Art. 1: Equine and Farm Animal Activity Liability

Text

As used in this Part, the term:
(1) "Engage in a farm animal activity" means participate in a farm animal activity, assist a participant in a farm animal activity, or assist a farm animal activity sponsor or farm animal activity professional. The term "engage in a farm animal activity" does not include being a spectator at a farm animal activity, except in cases in which the spectator voluntarily places himself or herself in an unauthorized area and in immediate proximity to the farm animal activity.
(2) "Equine" means a horse, pony, mule, donkey, or hinny.
(3) "Equine activity" means a farm animal activity involving only equines.
(4) "Farm animal" means one or more of the following domesticated animals: cattle, oxen, bison, sheep, swine, goats, horses, ponies, mules, donkeys, hinnies, llamas, alpacas, lagomorphs, ratites, and poultry.
(5) "Farm animal activity" means an activity in which participants engage with one or more farm animals, including, but not limited to, all of the following:
a. Shows, fairs, exhibits, competitions, performances, or parades that involve farm animals.
b. Training or teaching activities, or both, involving farm animals.
c. Boarding farm animals, including normal daily care.
d. Rides, trips, shows, clinics, hunts, parades, games, exhibitions, or other activities of any kind that are sponsored by a farm animal activity sponsor.
e. Testing, riding, inspecting, or evaluating a farm animal belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the farm animal or is permitting a prospective purchaser of the farm animal to ride, inspect, or evaluate the farm animal.
f. Placing or repairing horseshoes, trimming the hooves on a farm animal, or otherwise providing farrier services.
g. Examining or administering medical treatment to a farm animal by a veterinarian.
(6) "Farm animal activity sponsor" means an individual, group, club, partnership, corporation, educational organization, or other legally constituted entity, whether the sponsor is operating for profit or nonprofit, which sponsors, organizes, allows, or provides the facilities for a farm animal activity, including, but not limited to, pony clubs; 4-H clubs; Future Farmers of America organizations; hunt clubs; riding clubs; polo clubs; school-and college-sponsored classes, programs, and activities; therapeutic riding programs; and operators, instructors, and promoters of farm animal facilities, including, but not limited to, stables, clubhouses, ponyride strings, fairs, exhibitions, and arenas at which the activity is held.
(7) "Farm animal facility" means any area used for any farm animal activity, including, but not limited to, farms, ranches, riding arenas, training stables or barns, pastures, riding trails, show rings, polo fields, petting zoos, and other areas or facilities used or provided by farm animal activity sponsors or where participants engage in farm animal activities.
(8) "Farm animal professional" means a person engaged for compensation in any of the following:
a. Instructing a participant.
b. Renting a farm animal to a participant for the purpose of riding, driving, or being a passenger upon the farm animal.
c. Providing daily care of farm animals boarded at a farm animal facility.
d. Renting equipment or tack to a participant.
e. Training a farm animal.
f. Examining or administering medical treatment to a farm animal.
g. Providing farrier services to a farm animal.
h. Hooftrimming or placing or replacing horseshoes on a farm animal.
(9) "Inherent risks of farm animal activities" means those dangers or conditions that are an integral part of engaging in a farm animal activity, including any of the following:
a. The possibility of a farm animal behaving in ways that may result in injury, harm, or death to persons on or around them.
b. The unpredictability of a farm animal's reaction to such things as sounds, sudden movement, unfamiliar objects, persons, or other animals.
c. The risk of contracting an illness due to coming into physical contact with animals, animal feed, animal waste, or surfaces that have been in contact with animal waste.
Inherent risks of farm animal activities does not include a collision or accident involving a motor vehicle.
(10) "Participant" means any person, whether amateur or professional, who engages in a farm animal activity, whether or not a fee is paid to participate in the farm animal activity. (2013-265, s. 3.3.)