Agricultural Land Commission Act	Policy #3  March 2003  ACTIVITIES DESIGNATED AS FARM USE: WINERIES AND CIDERIES IN THE ALR
This policy provides advice to assist in the interpretation of the Agricultural Land Commission Act, 2002 and Regulation. In case of ambiguity or inconsistency, the Act and Regulation will govern.

REFERENCE:

Agricultural Land Reserve Use, Subdivision and Procedure Regulation (BC Reg. 171/2002), the "Regulation", Section 2 (1) and 2 (2) (b) and Section 1 (1).

Section 2 (1)	For the purposes of subsection (2) (b), "ancillary use" means any of the following activities carried on at a British Columbia licensed winery or cidery:
	(a)	processing, storage and retail sales;
	(b)	tours;
	(c)	a food and beverage service lounge, if the area does not exceed 125 m2 indoors and 125 m2 outdoors.

Section 2 (2)	The following activities are designated as farm use for the purposes of the Act and may be regulated but must not be prohibited by any local government bylaw except a bylaw under Section 917 of the Local Government Act:
	(b)	a British Columbia licensed winery or cidery, and an ancillary use, if the wine or cider produced and offered for sale is made from farm product and
		(i)	at least 50% of that farm product is grown on the farm on which the winery or cidery is located, or
		(ii)	the farm that grows the farm products used to produce wine or cider is more than 2 ha in area, and, unless otherwise authorized by the commission, at least 50% of the total farm product for processing is provided under a minimum 3 year contract from a farm in British Columbia;

Section 1 (1)

"farm product" means a commodity that is produced from a farm use as defined in the Act or designated by this regulation.

INTERPRETATION:

Both a British Columbia licensed winery and cidery are designated by the Regulation as farm uses, and as such, may not be prohibited by a local government bylaw, except a farm bylaw approved by the Minister of Agriculture, Food and Fisheries under Section 917 of the Local Government Act. These permitted farm activities are in addition to general farm uses permitted under the Act.

The Regulation permits licensed wineries and cideries on a parcel in the ALR, provided at least 50% of the farm products (fruit) used to make the wine or cider are produced on the farm on which the winery or cidery is located. The farm may be comprised of one or several parcels of land owned or operated by a farmer as a farm business. Alternatively, the use is permitted if the farm that grows the fruit to make the wine or cider is 2 ha or larger and at least 50% of the fruit used to make the wine or cider comes from a BC farm under a minimum 3 year contract to provide fruit to the winery or cidery. The 50% threshold is measured by the quantity (measured by volume or weight) of farm product processed calculated on an annual basis. Despite the threshold, the Commission may recognize unusual circumstances in the production of BC wine grapes and their effect on wine production.

Wine retail sales, winery tours and food and beverage service in a lounge are permitted provided they are ancillary to the winery or cidery. The winery/cidery must be licensed under the Liquor Control and Licensing Act of British Columbia. A food and beverage service lounge is allowed up to a maximum area of 125 square meters indoors and 125 square meters outdoors. The outdoor area of 125 square meters includes patio space but does not include areas set aside for picnicking. Picnicking areas are permitted as an ancillary use where the winery has a "picnicking endorsement" to its licence. The 125 square meter floor space or outdoor area is roughly equivalent to a seating capacity of 65 persons in the lounge or on the patio. Thus the maximum capacity is potentially 130 persons, where both indoors and outdoors seating are provided. However the person or patron capacity remains subject to the limits and conditions established by the general manager under the Liquor Control and Licensing Act.

Wine tasting or the free offering or sale of product samples is considered part of the winery tour activity and is permitted. Special promotional events held at wineries may be allowed under Section 2 (2) (e) of the Regulation that permits certain temporary agri-tourism activities on assessed farms. See Commission Policy "Activities Designates as Farm Use: Agri-tourism Activities in the ALR".

Uses that do not meet the threshold established in the Regulation for wineries or cideries, or associated uses not permitted in the Regulation, require application to and approval from the Commission.

The Regulation does not permit breweries, U-brews and U-vins which are considered non-farm uses and require application to the Commission.

TERMS:

Food and beverage service lounge — means an establishment serving alcohol products produced on the premises, in addition to food, that has a "winery lounge endorsement" to the winery licence issued under the Liquor Control and Licensing Act. The threshold area specified in the Regulation for the lounge does not include the sampling room which is the area within the winery set aside for wine tasting.

(All references to wineries include references to cideries).