AN ACT

 

1Providing for limited immunity for persons that sponsor farm-
2related tourism activities.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as the Agritourism
7Immunity Act.

8Section 2. Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Agritourism activity." A farm-related tourism activity,
13regardless of whether a fee is charged, which:

14(1) takes place on real property otherwise engaging in a
15normal agricultural operation; and

16(2) is designed for recreational, entertainment or
17educational purposes.

1The term includes, but is not limited to, a corn maze, a hay
2maze, farm tours, a select and cut-your-own Christmas tree
3operation and a pick-your-own-crop operation.

4"Normal agricultural operation." As defined in section 2 of
5the act of June 10, 1982 (P.L.454, No.133), referred to as the
6Right-to-Farm Law.

7"Operator." A person that sponsors, organizes, conducts or
8provides facilities.

9Section 3. Immunity.

10(a) Scope.--Immunity under this section applies to a person
11if all of the following apply:

12(1) The person is an operator of an agritourism
13activity.

14(2) The following notice is conspicuously posted in at
15least two locations on the premises where the agritourism
16activity takes place on a sign at least three feet by two
17feet:

18You assume the risk of agritourism activities under
19Pennsylvania law.

20(b) Grant.--A person that meets the requirements of
21subsection (a) shall be immune from liability in a negligence
22action for personal injury or death to a participant in the
23agritourism activity who is injured or killed as a result of
24that participation if the participant voluntarily and
25intelligently undertakes participation in the agritourism
26activity.

27Section 19. Applicability.

28This act shall apply to any cause of action which arises on
29or after the effective date of this section.

30Section 20. Effective date.

1This act shall take effect in 60 days.