Pennsylvania ag industry praising agritourism act

HARRISBURG, Pa. — Pennsylvania’s agricultural groups are voicing accolades at the Agritourism Activity Protection Act signed by Gov. Tom Wolf on June 30, 2021.
As noted by Rep. Barbara Gleim (R-Cumberland) who introduced HB101 in the Pennsylvania House of Representatives, agritourism has been growing as farmers look for secondary sources of income. In her sponsorship memo, she cited enormous liability risks, however, when farmers open their land to the public.
“Because these activities take place on a farm, there are risks present that a farmer cannot take away, like uneven ground, or unpredictable animals and weather,” Gleim said.
She added that her legislation would protect against lawsuits where no party is at fault for injuries or damages.
While the act requires posting warning signs and signing waivers of liability prior to visitors’ participation, their right to sue is preserved in case of negligence or other causative factors.
Exceptions to the immunity include overnight accommodation, a wedding, concert, or food and beverage services.
“Many of our Pasa members are part of the agritourism community, and enjoy sharing their farms and farm life with the public,” said Executive Director of Pasa Sustainable Agriculture Hannah Smith-Brubaker. “It’s also an important source of supplemental income. We’re happy to see this legislation pass and make it easier for existing and future agritourism operations to thrive.”
Pennsylvania Farm Bureau President Rick Ebert observed, “The agricultural economy is changing, and farms need to innovate to stay viable. Here in Pennsylvania, many are doing just that by offering agritourism experiences to a public that is growing more and more interested in local food.”
Ebert continued, “This commonsense legal reform will help Pennsylvania’s family farms preserve their futures so they can continue to grow their rural communities and enhance our state’s agricultural heritage.” He noted that it addressed a key barrier for farms that want to offer agritourism — the threat of frivolous lawsuits.
While farmers prioritize safety, Ebert explained that farms are natural environments and its’s impossible to eliminate every hazard. He forecasted, “This reform will enable Pennsylvania farm families to safely invite the public to experience agriculture without having to risk their farms’ futures or pay cost-prohibitive insurance premiums.”
William Troxell, executive director of the Pennsylvania Vegetable Growers Association, said, “Many members have added agritourism activities to their on-farm markets and found it to be a very successful way to draw more customers to their farms and markets.” He also noted, “Unfortunately a few have also been hit with lawsuits from customers who have been injured. The same farm atmosphere that attracts customers comes with some inherent risks—everything is not smoothly paved and engineered like a suburban or urban environment where customers live and work.”
Troxell continued his support, “We see this legislation as providing farmers with a measure of protection against frivolous lawsuits while still requiring farmers to provide a venue free from egregious hazards.”
Legislative Director, Pennsylvania State Grange Carrie Nace reflected, “The Pennsylvania State Grange is thrilled that HB101 was signed into law as it was one of the Pennsylvania State Grange’s top priorities for the 2021-22 session. This bill costs the Commonwealth zero money but gives farmers the opportunity to earn additional revenue through tourism. We applaud Rep. Gleim and the General Assembly on this great achievement.”
Staff Attorney Brook Duer of Penn State’s Center for Agricultural and Shale Law noted that it is important to understand what is required for an owner, operator, provider or sponsor of an agritourism activity to be eligible for Pennsylvania’s new legal immunity from personal injury lawsuits based on negligence. He lists four essential requirements:
“The injury must occur while the visitor is participating in an activity that meets the definition of agritourism in the law. The agritourism activity must occur on land which is used for a so-called ‘normal agricultural operation’ as defined in Pennsylvania’s Right to Farm Law. The required warning signs must be posted on the property at the required locations. The required acknowledgement agreement of limited civil liability must be signed by the visitor before engaging in the agritourism activity.”
In addition, Duer noted two caveats that should be understood:
“Firstly, while the new law states that a parent or guardian must sign the acknowledgement agreement on behalf of a minor or care-dependent person, whether such documents are ultimately given the intended effect in legal proceedings is for a court to decide.
Secondly, the immunity never applies to injuries that occur due to criminal, intentional, reckless or grossly negligent acts of the agritourism provider, nor to injuries arising from an overnight accommodation, a wedding, a concert or food and beverage services. Incidents of that nature are treated under standard legal principles and rules without reference to this new law.”
Duer also commented, “One of the most important aspects of the new law is that it codifies a legal definition of agritourism in Pennsylvania law where one did not exist before. Generally, that tends to become a standard that gets relied upon in other contexts such as the interpretation of zoning ordinances. It remains to be seen if that happens on a township basis going forward but anything that could create uniformity like that across municipalities is a positive development for farmers and landowners.”
The law is effective August 30, 2021.
Pennsylvania Secretary of Agriculture Russell Redding noted, “Agritourism brings vital income to Pennsylvania farms, and brings visitors to meet the wonderful people who feed them, in the environment where it all starts. With these new liability limits, a safety-first approach is key to keeping the farm experience positive and protecting the farm, the visitors, and the livelihood of our farmers.”
Redding added, “Farms interested in expanding or starting agritourism businesses are eligible for up to $7,500 Farm Vitality Grants to create their business plans. The $1 million grant program was created under the 2019 Pennsylvania Farm Bill and funded again in 2020 and renewed in the 2021-22 state budget.”
Details on those grants can be accessed at https://www.agriculture.pa.gov/pages/farm-vitality-planning-program.aspx.