Regular Session 2019-2020 House Bill 1348 P.N. 1642

PRINTER'S NO. 1642

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 AND TOPPER, MAY 1, 2019

REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,

MAY 1, 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:

(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.

(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

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.

"Participant." An individual, other than an employee of an

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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 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

(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

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.

(3) The agritourism activity provider's action or

inaction constitutes criminal conduct and causes the

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participant injury.

(4) The agritourism activity provider has actual

knowledge of a dangerous condition of the land, facilities or

equipment used in the agritourism activity, does not make the

dangerous condition known to the participant and the

dangerous condition causes the participant injury.

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 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, an agritourism activity

provider is not liable for any injury to or death of a

participant resulting from an agritourism activity."

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, the participant's parent

or guardian.

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(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 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

damage and other loss that may result from 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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