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PRIOR PRINTER'S NO. 1642
PRINTER'S NO. 2013
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1348
Session of
2019
INTRODUCED BY GLEIM, GREINER, CAUSER, PYLE, ECKER, M. K. KELLER,
BERNSTINE, ZIMMERMAN, GILLESPIE, PICKETT, GROVE, KAUFFMAN,
JOZWIAK, OWLETT, MENTZER, HERSHEY, STRUZZI, PASHINSKI, HAHN,
RYAN, IRVIN, MILLARD, BURGOS, BOROWICZ, LAWRENCE, SNYDER,
GREGORY, KLUNK, WARNER, OBERLANDER, RADER, KAIL, GAYDOS,
METCALFE, ROTHMAN, REESE, RIGBY, MOUL, TOPPER, KEEFER AND
JONES, MAY 1, 2019
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 5, 2019
AN ACT
Providing for limited civil liability for agritourism activity
providers, for notice of limited civil liability and for
acknowledgment of limited civil liability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Agritourism
Activity Protection Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agritourism activity." As follows:
(1) A farm-related tourism or farm-related entertainment
activity that:
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(i) takes place on a farm where agricultural,
horticultural or silvicultural crops are grown or farm
animals or farmed fish are raised; and
(ii) allows members of the general public, whether
or not for a fee, to tour, explore, observe, learn about,
participate in or be entertained by an aspect of
agricultural production, harvesting, husbandry or rural
lifestyle that occurs on the farm. ACTIVITY THAT TAKES
PLACE ON AGRICULTURAL LAND AND ALLOWS MEMBERS OF THE
GENERAL PUBLIC, WHETHER OR NOT FOR A FEE, TO TOUR,
EXPLORE, OBSERVE, LEARN ABOUT, PARTICIPATE IN OR BE
ENTERTAINED BY AN ASPECT OF AGRICULTURAL PRODUCTION,
HARVESTING, HUSBANDRY OR RURAL LIFESTYLE THAT OCCURS ON
THE FARM.
(2) The term shall not include overnight accommodations,
weddings, concerts or provisions for food and beverage
services.
"Agritourism activity provider." A person who owns,
operates, provides or sponsors an agritourism activity, whether
or not for a fee, or an employee of such a person.
"Anticipated annual gross income." Gross income normally
expected to be generated in one year without the occurrence of a
natural disaster or other occurrence or condition beyond the
agritourism activity provider's reasonable control.
"Farm." An operation commercially engaged in agriculture
that:
(1) is 10 or more acres in contiguous area; or
(2) has an anticipated annual gross income of at least
$2,000 from agricultural production.
"Farm-related tourism or farm-related entertainment
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activity." An activity that utilizes any of the following:
(1) Agricultural, horticultural or silvicultural crops
or farm animals or farmed fish.
(2) Equipment used to grow, process or harvest
agricultural, horticultural or silvicultural crops or raise
farm animals or farmed fish.
"DANGEROUS CONDITION." A CONDITION THAT CREATES AN IMMINENT
AND SUBSTANTIAL RISK OF INJURY OR DAMAGES TO A PARTICIPANT.
"Participant." An individual, other than an employee of an
agritourism activity provider, who engages in an agritourism
activity.
"Participant injury." An injury sustained by a participant
arising from an agritourism activity, including bodily injury,
emotional distress, death, property damage or any other loss
arising from the agritourism activity.
Section 3. Limited civil liability for agritourism activity
providers.
(a) Liability.--Except as otherwise provided by subsection
(b), an agritourism activity provider shall not be civilly
liable to a person for a participant injury or damages caused as
a result of the participant injury FOR INJURY OR DAMAGES TO A
PARTICIPANT if:
(1) at the time of the agritourism activity from which
the injury or damages occurred, a warning sign was posted in
accordance with section 4; or AND
(2) the agritourism activity provider entered into a
written agreement with the participant in accordance with
section 5 with respect to the agritourism activity from which
the injury or damages occurred.
(b) Exceptions.--An agritourism activity provider shall not
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be immune from civil liability for a participant injury or
damages caused as a result of the participant injury if any of
the following apply:
(1) The agritourism activity provider acts with a
willful or wanton disregard for the safety of the
participant.
(2) The agritourism activity provider purposefully
causes the participant injury OR DAMAGES TO A PARTICIPANT.
(3) The agritourism activity provider's action or
inaction constitutes criminal conduct and causes the
participant injury OR DAMAGES TO A PARTICIPANT.
(4) The agritourism activity provider has OR SHOULD HAVE
HAD actual knowledge of a dangerous condition of the land,
facilities or equipment used in the agritourism activity,
does not make REPAIR OR MAKE the dangerous condition known to
the participant and the dangerous condition causes the
participant injury OR DAMAGES TO A PARTICIPANT.
Section 4. Notice of limited civil liability.
(a) Notice.--For the purpose of providing notice of the
limited liability under section 3, an agritourism activity
provider shall post and maintain a sign with a warning notice in
accordance with subsection (b). The agritourism activity
provider shall post the sign in a clearly visible location at or
near each entrance to the farm and OR at the site of each
agritourism activity.
(b) Contents.--The warning notice shall consist of a sign
that is at least three feet by two feet in dimension and states
the following:
"WARNING: Under Pennsylvania law READ YOUR WRITTEN
AGREEMENT OR THE BACK OF YOUR TICKET. UNDER PENNSYLVANIA
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LAW, EXCEPT FOR LIMITED CIRCUMSTANCES, an agritourism
activity provider is not liable for any injury to or
death of a participant resulting from an agritourism
activity." ACTIVITY. DO NOT PARTICIPATE IN THE ACTIVITY
IF YOU DO NOT WISH TO WAIVE LIABILITY."
Section 5. Acknowledgment of limited civil liability.
For the purpose of enforcing the limited liability under
section 3, a written agreement between an agritourism activity
provider and a participant shall be enforceable if the written
agreement meets all the following criteria:
(1) The written agreement is signed before the
participant engages in an agritourism activity.
(2) The written agreement is signed by the participant
or, if the participant is a minor OR CARE DEPENDENT PERSON,
the participant's parent or guardian.
(3) The written agreement is in a document separate from
any other agreement between the participant and the
agritourism activity provider, except for a document that
includes a different warning, consent or assumption of risk
statement.
(4) The written agreement is printed in not less than
10-point bold type.
(5) The written agreement contains the following
language:
"AGREEMENT AND WARNING: I understand and acknowledge
that, EXCEPT FOR LIMITED CIRCUMSTANCES LISTED BELOW,
an agritourism activity provider is not liable for
any injury to or death of a participant resulting
from an agritourism activity. I understand that I
have accepted all risk of injury, death, property
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damage and other loss that may result from an
agritourism activity." ACTIVITY. I UNDERSTAND THAT AN
AGRITOURISM ACTIVITY PROVIDER IS NOT PROTECTED FROM
LIABILITY IF THE PROVIDER:
(1) ACTS WITH A WILLFUL OR WANTON DISREGARD FOR
A PARTICIPANT'S SAFETY.
(2) PURPOSEFULLY CAUSES A PARTICIPANT'S INJURY.
(3) ACTS OR FAILS TO ACT IN A WAY THAT
CONSTITUTES CRIMINAL CONDUCT.
(4) HAS OR SHOULD HAVE HAD ACTUAL KNOWLEDGE OF A
DANGEROUS CONDITION OF THE LAND, FACILITIES OR
EQUIPMENT USED IN THE AGRITOURISM ACTIVITY AND DOES
NOT REPAIR OR MAKE THE DANGEROUS CONDITION KNOWN TO
THE PARTICIPANT. A DANGEROUS CONDITION IS A CONDITION
THAT CREATES AN IMMINENT AND SUBSTANTIAL RISK OF
INJURY OR DAMAGES TO A PARTICIPANT."
(6) NOTWITHSTANDING PARAGRAPHS (1), (2), (3) AND (4), A
WRITTEN AGREEMENT THAT CONTAINS SUBSTANTIALLY THE SAME
LANGUAGE UNDER PARAGRAPH (5) MAY BE PRINTED ON A TICKET
REQUIRED FOR ACCESS TO AN AGRITOURISM ACTIVITY.
Section 6. Applicability.
This act shall apply to any cause of action that arises on or
after the effective date of this section.
Section 7. Effective date.
This act shall take effect in 60 days.
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