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 Protection 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 where no fee is charged, which:

14(1) takes place on real property used primarily for the 
15purpose of engaging in a normal agricultural operation; and

16(2) is designed for recreational, entertainment or

1educational purposes.

2The term includes, but is not limited to, a corn maze, a hay
3maze, farm tours, a select and cut-your-own Christmas tree
4operation and a pick-your-own-crop operation.

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

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

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

16Section 3. <-Immunity <-Protection.

17(a) Scope.--<-Immunity <-Protection under this section applies
18to a person if all of the following apply:

19(1) The person is an agritourism operator.

20(2) The following notice is conspicuously posted at the 
21entrance to and in at least one other location on the
22premises where the agritourism activity takes place on a sign
23at least three feet by two feet:

24Under Pennsylvania law, an agritourism operator is not 
25liable for injury to or death of a participant in an 
26agritourism activity conducted at this location if such 
27injury or death results from the inherent risks of the 
28agritourism activity. Inherent risks include, among other 
29things, risks from the condition of land, operation of 
30equipment and behavior of animals. You are assuming the
 

1risk of participating in this agritourism activity.

2(b) Grant.--A person that meets the requirements of 
3subsection (a) shall be <-immune <-protected from liability in a 
4negligence action for personal injury or death to a participant 
5in the agritourism activity who is injured or killed as a result 
6of that participation if all of the following apply:

7(1) The participant <-voluntarily and intelligently 
<-8knowingly, voluntarily, intelligently and unreasonably 
9undertakes participation in the agritourism activity.

10(2) The personal injury or death results from the
11inherent risks of the agritourism activity.

12(c) Exceptions.--This act does not preclude or limit the<-
13liability of an agritourism operator who:

14(1) (i) Has actual knowledge or reasonably should have
15known of:

16(A) a dangerous condition on the land,
17facilities or equipment used in the agritourism
18activity; or

19(B) the dangerous propensity of a particular
20animal used in the agritourism activity; and

21(ii) does not make the danger known to the
22participant and the danger proximately causes injury,
23damage or death to the participant.

24(2) Fails to properly train, or improperly or
25inadequately trains, employees or unpaid workers who are
26actively involved in agritourism activities and an act or
27omission of the employee proximately causes injury, damage or
28death to the participant.

29(3) Commits an act or omission that:

30(i) constitutes gross negligence for the safety of

1the participant; and

2(ii) caused the injury or death of the participant.

3(4) Intentionally injures the participant.

4Section 4. Exceptions.

5(a) Injury or death.--This act shall not apply to injury or
6death of:

7(1) a person under 18 years of age;

8(2) a person with a mental health condition,
9intellectual disability or physical disability; or

10(3) a person over 65 years of age.

11(b) Agritourism.--Immunity under this act may not be 
12provided to any agritourism operator:

13(1) who serves or provides food or beverages to
14participants in violation of 3 Pa.C.S. Ch. 57 (relating to
15food protection) or any other law or regulation providing for
16food or beverage safety;

17(2) who offers lodging for a fee on the premises where
18the agritourism activity takes place; or

19(3) where the agritourism operator or his agent sells or
20provides alcoholic beverages to participants.

21Section 5. Burden of proof.

22The burden of proof of establishing the protection under this 
23act shall be on the defendant.

24Section 19. Applicability.

25This act shall apply to any cause of action which arises on
26or after the effective date of this section.

27Section 20. Effective date.

28This act shall take effect in 60 days.