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PRIOR PRINTER'S NO. 1140
PRINTER'S NO. 1864
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
820
Session of
2017
INTRODUCED BY AUMENT, EICHELBERGER, YAW, FOLMER, RAFFERTY, WARD,
STEFANO, VOGEL, RESCHENTHALER, WHITE, VULAKOVICH, McILHINNEY
AND MARTIN, SEPTEMBER 8, 2017
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, JUNE 12, 2018
AN ACT
Providing for civil immunity for persons that operate
agritourism activities under certain circumstances.
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 Civil Immunity 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." Activity carried out on a farm that
provides entertainment or education to the general public for
the purpose of promoting agricultural products or farming or
rural lifestyles, regardless of whether or not the general
public pays to participate in the activity including:
(1) interaction with farm or rural animals;
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(2) farming or harvesting activities;
(3) tours, exhibitions or taste tests that promote the
farm or on-farm produced products;
(4) bed and breakfast operations or similar lodging
accommodations that encourage engagement with farming or
harvesting activities or the farm's agricultural character or
aesthetic nature;
(5) equine training, teaching or recreational riding;
(6) games, rides and other entertainment activities
normally engaged in by farm families or rural communities;
and
(7) activities carried out in conjunction with seasonal
festivals to promote local agricultural products.
The term does not include rodeos, hunting, water skiing or
tubing, paintball and nonmotorized freestyle, mountain or off-
road bicycling.
"AGRITOURISM ACTIVITY." FARM-RELATED TOURISM OR FARM-RELATED
ENTERTAINMENT ACTIVITY THAT:
(1) TAKES PLACE ON A FARM WHERE AGRICULTURAL,
HORTICULTURAL OR SILVICULTURAL CROPS ARE GROWN OR FARM
ANIMALS OR FARMED FISH ARE RAISED; AND
(2) 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.
"AGRITOURISM PROVIDER." A PERSON WHO OWNS, OPERATES,
PROVIDES OR SPONSORS AN AGRITOURISM ACTIVITY OR AN EMPLOYEE OF
SUCH A PERSON WHO ENGAGES IN OR PROVIDES AGRITOURISM WHETHER OR
NOT FOR A FEE.
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"Anticipated annual gross income." Gross income normally
expected to be generated in one year, without occurrence of a
natural disaster or other occurrence or condition beyond the
operator's AGRITOURISM 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.
"Operator." A person that engages in an agritourism
activity.
Section 3. Immunity.
(a) Scope.--Immunity under this section applies to a person
if the following apply:
(1) The person is an operator of an agritourism
activity.
(2) The following notice is conspicuously posted in at
least two locations on the premises where the agritourism
activity takes place on a sign at least three feet by two
feet:
You assume the risk of agritourism activities under
Pennsylvania law.
(b) Grant.--A person that meets the requirements of
subsection (a) shall be immune from liability in a negligence
action for personal injury or death to another person that
voluntarily and intelligently participates in the agritourism
activity and is injured or killed as a result of that
participation.
"RISK INHERENT IN THE AGRITOURISM ACTIVITY." A DANGER OR
CONDITION THAT IS AN INTEGRAL PART OF AN AGRITOURISM ACTIVITY,
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INCLUDING ALL OF THE FOLLOWING:
(1) SURFACE AND SUBSURFACE CONDITIONS OF LAND AND THE
NATURAL CONDITION OF VEGETATION AND WATER ON THE PROPERTY.
(2) THE BEHAVIOR OR ACTIONS OF WILD ANIMALS NOT KEPT BY
OR UNDER THE CONTROL OF AN AGRITOURISM PROVIDER.
(3) THE ORDINARY DANGERS ASSOCIATED WITH STRUCTURES OR
EQUIPMENT ORDINARILY USED IN FARMING OR RANCHING OPERATIONS.
(4) THE POSSIBILITY OF BEING INJURED OR CONTRACTING
ILLNESS AS A RESULT OF PHYSICAL CONTACT WITH ANIMALS, ANIMAL
FEED, ANIMAL WASTE OR SURFACES CONTAMINATED BY ANIMAL WASTE.
(5) THE POSSIBILITY THAT A PARTICIPANT IN THE
AGRITOURISM ACTIVITY MAY ACT IN A NEGLIGENT MANNER, INCLUDING
BY FAILING TO FOLLOW INSTRUCTIONS GIVEN BY AN AGRITOURISM
PROVIDER OR BY FAILING TO EXERCISE REASONABLE CAUTION WHILE
ENGAGING IN THE AGRITOURISM ACTIVITY THAT MAY CONTRIBUTE TO
INJURY TO THE PARTICIPANT OR ANOTHER PARTICIPANT.
SECTION 3. IMMUNITY FROM LIABILITY.
(A) AGRITOURISM PROVIDERS.--
(1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (C), IN A
CIVIL ACTION, AN AGRITOURISM PROVIDER SHALL BE IMMUNE FROM
LIABILITY FOR ANY HARM A PARTICIPANT SUSTAINS DURING AN
AGRITOURISM ACTIVITY IF THE PARTICIPANT IS HARMED AS A RESULT
OF A RISK INHERENT IN THE AGRITOURISM ACTIVITY.
(2) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
REQUIRE AN AGRITOURISM PROVIDER TO ELIMINATE RISKS INHERENT
IN AGRITOURISM ACTIVITIES.
(B) NOTICES TO BE POSTED.--
(1) AN AGRITOURISM PROVIDER SHALL POST AND MAINTAIN
SIGNS THAT CONTAIN THE WARNING NOTICE SPECIFIED IN THIS
SECTION AND SHALL PLACE A SIGN IN A CLEARLY VISIBLE LOCATION
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AT OR NEAR EACH ENTRANCE TO THE AGRITOURISM LOCATION OR AT
THE SITE OF EACH AGRITOURISM ACTIVITY.
(2) THE WARNING NOTICE SHALL CONSIST OF A SIGN IN BLACK
LETTERS WITH EACH LETTER TO BE A MINIMUM OF ONE INCH IN
HEIGHT AND SHALL CONTAIN THE FOLLOWING NOTICE OF WARNING:
"WARNING: UNDER PENNSYLVANIA LAW, THERE IS NO LIABILITY
FOR AN INJURY TO OR DEATH OF A PARTICIPANT IN AN
AGRITOURISM ACTIVITY CONDUCTED AT THIS AGRITOURISM
LOCATION IF THE INJURY OR DEATH RESULTS FROM THE INHERENT
RISKS OF THE AGRITOURISM ACTIVITY. INHERENT RISKS OF THE
AGRITOURISM ACTIVITIES INCLUDE, BUT ARE NOT LIMITED TO,
RISK OF INJURY INHERENT TO LAND, EQUIPMENT AND ANIMALS AS
WELL AS THE POTENTIAL FOR YOU AS A PARTICIPANT TO ACT IN
A NEGLIGENT MANNER THAT MAY CONTRIBUTE TO YOUR INJURY OR
DEATH. YOU ARE ASSUMING THE RISK OF PARTICIPATING IN THIS
AGRITOURISM ACTIVITY."
(C) EXCEPTIONS.--AN AGRITOURISM PROVIDER SHALL NOT BE IMMUNE
FROM CIVIL LIABILITY FOR HARM SUSTAINED BY A PARTICIPANT IF ANY
OF THE FOLLOWING APPLIES:
(1) THE AGRITOURISM PROVIDER ACTS WITH A WILLFUL OR
WANTON DISREGARD FOR THE SAFETY OF THE PARTICIPANT AND
PROXIMATELY CAUSES HARM TO THE PARTICIPANT.
(2) THE AGRITOURISM PROVIDER PURPOSEFULLY CAUSES HARM TO
THE PARTICIPANTS.
(3) THE AGRITOURISM PROVIDER'S ACTIONS OR INACTIONS
CONSTITUTE CRIMINAL CONDUCT AND CAUSE HARM TO THE
PARTICIPANT.
(4) THE AGRITOURISM PROVIDER FAILS TO POST AND MAINTAIN
SIGNS AS REQUIRED BY SUBSECTION (B).
(5) THE AGRITOURISM PROVIDER HAS ACTUAL KNOWLEDGE OR
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SHOULD HAVE ACTUAL KNOWLEDGE OF AN EXISTING DANGEROUS
CONDITION ON THE LAND OR REGARDING FACILITIES OR EQUIPMENT ON
THE LAND THAT IS NOT AN INHERENT RISK AND DOES NOT MAKE THE
DANGEROUS CONDITION KNOWN TO THE PARTICIPANT AND THE
DANGEROUS CONDITION PROXIMATELY CAUSES INJURY TO OR DEATH OF
THE PARTICIPANT.
Section 4. Applicability.
This act shall apply to any cause of action that arises on or
after the effective date of this section.
Section 5. Effective date.
This act shall take effect in 60 days.
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