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 used 
15primarily for the purpose of engaging in a normal
16agricultural operation; and

1(2) is designed for recreational, entertainment or
2educational purposes.

3The term includes, but is not limited to, a corn maze, a hay
4maze, farm tours, a select and cut-your-own Christmas tree
5operation and a pick-your-own-crop operation.

<-6"Agritourism operator." A person that sponsors, organizes,
7conducts or provides facilities for an agritourism activity.

8"Inherent risks of agritourism activity." The dangers or
9conditions that are an integral part of an agritourism activity,
10including certain hazards, such as surface or subsurface
11conditions, natural conditions of land, vegetation and waters,
12the behavior of animals and the ordinary dangers of structures
13or equipment ordinarily used in a normal agricultural operation.

14"Normal agricultural operation." As defined in section 2 of
15the act of June 10, 1982 (P.L.454, No.133), referred to as the
16Right-to-Farm Law.

<-17"Operator." A person that sponsors, organizes, conducts or
18provides facilities.

19Section 3. Immunity.

20(a) Scope.--Immunity under this section applies to a person
21if all of the following apply:

22(1) The person is an <-operator of an agritourism activity 
23agritouri<-sm operator.

24(2) The following notice is conspicuously posted <-in at 
25least two locations <-at the entrance to and in at least one 
26other location on the premises where the agritourism activity
27takes place on a sign at least three feet by two feet:

<-28You assume the risk of agritourism activities under
29Pennsylvania law.

<-30Under Pennsylvania law, an agritourism operator is not
 

1liable for injury to or death of a participant in an 
2agritourism activity conducted at this location if such 
3injury or death results from the inherent risks of the 
4agritourism activity. Inherent risks include, among other 
5things, risks from the condition of land, operation of 
6equipment and behavior of animals. You are assuming the 
7risk of participating in this agritourism activity.

8(b) Grant.--A person that meets the requirements of 
9subsection (a) shall be immune from liability in a negligence 
10action for personal injury or death to a participant in the 
11agritourism activity who is injured or killed as a result of 
<-12that participation if the participant voluntarily and that 
13participation if all of the following apply:

14(1) The participant voluntarily and intelligently 
15undertakes participation in the agritourism activity.

<-16(2) The personal injury or death results from the
17inherent risks of the agritourism activity.

18Section 19. Applicability.

19This act shall apply to any cause of action which arises on
20or after the effective date of this section.

21Section 20. Effective date.

22This act shall take effect in 60 days.