Speak with someone who has lived in a city for his or her entire life and you will likely be talking to someone who has never set foot on a farm. We all rely on farms for the fresh meat, dairy, and produce that we enjoy on a daily basis, but there is often a chasm between the producer and consumer. How do we bridge this divide? Agritourism.
This niche market has become very popular in recent years, but what exactly is agritourism? The Pennsylvania Agritourism Protection Act (hereinafter “Act”) defines it as “A farm-related tourism activity, where no fee is charged, which takes place on real property used primarily for the purpose of engaging in a normal agricultural operation; and is designed for recreational, entertainment or educational purposes.”
This definition appears to be intentionally broad in order for farms to have as much freedom as possible when coming up with agritourism ideas. Some of the most popular activities take place in autumn, like finding the perfect pumpkin in a pumpkin patch or getting lost in a corn maze. The time spent out at the farm is beneficial for the farmer as an extra source of income and it’s beneficial to the customers as an educational experience. Agritourism can be enjoyed all year, whether it’s cutting down your own Christmas tree at a Christmas tree farm or picking your own produce with friends and family at an orchard.
The Act appears lenient towards the farms when it comes to liability in the unfortunate event of a death or injury on the farm. Generally speaking, a farm operator is protected from liability so long as “the participant knowingly, voluntarily, intelligently and unreasonably undertakes participation in the agritourism activity and the personal injury or death results from the inherent risks of the agritourism activity.”Agritourism Immunity PROTECTION Act., 2013 Bill Text PA H.B. 397, § 3(b). Most issues can be avoided by posting signs that warn visitors of the potential risks they might encounter while on the farm.
Nevertheless, there are still some circumstances that are total exceptions to the protection provided by the Act. The injury or death of a person under 18 years of age; a person with a mental health condition, intellectual disability or physical disability; or a person over 65 years of age are not protected by the Act. Many families will visit farms for an agritourism experience, which often includes families with small children and elderly grandparents. Farm operators who decide to host an agritourism activity must take extra precautions to ensure that the areas selected for the activity are safe and clear of hazards. This can be achieved by thorough inspection of the land or by having enough staff to keep an eye on the visitors. The vagueness of a mental health condition also raises questions of what falls under that category because the Act does not define the phrase. The case law for a claim brought under this Act is nearly nonexistent, so it will be up to the courts to decide what exactly is meant by mental health condition. It would probably prove difficult to connect an anxiety disorder to tripping over a gopher hole, but stranger legal arguments have been made in the past.
It is also important to note that there is no protection offered by the Act if patrons pay a fee to spend the night at the location of the agritourism activity; if the farm serves alcohol; or if the farm serves any food or beverage that is in violation of food health and safety regulations. These issues are much easier to avoid because they are in control of the agritourism operator as opposed to the other exceptions, which are the variable characteristics of visitors.
The Act still serves a valuable purpose of allowing farms to host agritourism events to boost profits and educate the community. The 2017 USDA agricultural review of Pennsylvania shows 58,000 farm operations spread over 7,630,000 acres of land. Despite these staggering numbers, the growth of urban and suburban lifestyles has caused many of us to lose touch with the farms that we rely on daily. The Act is very lenient in allowing farms to invent new and creative ideas for an agritourism experience for the community to enjoy. Taking an educational weekend trip out to a farm is fun and rewarding for everyone involved, and this Act works to encourage farms to host these experiences. For anyone who is interested in reading the Act itself, it can be accessed at:
https://www.legis.state.pa.us/cfdocs/legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2013&sessInd=0&billBody=H&billTyp=B&billNbr=0397&pn=2598
Sources:
Agritourism Immunity PROTECTION Act., 2013 Bill Text PA H.B. 397
https://www.nass.usda.gov/Quick_Stats/Ag_Overview/stateOverview.php?state=PENNSYLVANIA