SENATE AMENDED
PRIOR PRINTER'S NO. 71
PRINTER'S NO. 1008
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
101
Session of
2021
INTRODUCED BY GLEIM, BOBACK, ROTHMAN, FEE, KAUFFMAN, PICKETT,
SAPPEY, HICKERNELL, ROAE, GREINER, CAUSER, IRVIN, ECKER,
PASHINSKI, TOPPER, DUNBAR, WARNER, GROVE, ROWE, JAMES,
BROOKS, MILLARD, JOZWIAK, OBERLANDER, KEEFER, OWLETT, LEWIS,
R. MACKENZIE, SCHLEGEL CULVER, RYAN, ZIMMERMAN, STRUZZI,
GAYDOS, MOUL, SANKEY, WHEELAND, HERSHEY, STAMBAUGH,
M. MACKENZIE, HAMM, BOROWICZ, B. MILLER, LAWRENCE, METCALFE,
POLINCHOCK, SILVIS, E. NELSON, DAVANZO, GILLEN AND ARMANINI,
JANUARY 11, 2021
SENATOR VOGEL, AGRICULTURE AND RURAL AFFAIRS, IN SENATE, AS
AMENDED, MARCH 23, 2021
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:
"AGRICULTURAL LAND." LAND THAT IS USED FOR A NORMAL
AGRICULTURAL OPERATION.
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"Agritourism activity." As follows:
(1) A farm-related tourism or farm-related entertainment
activity that takes place on agricultural land and 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.
"Dangerous condition." A condition that creates an imminent
and substantial risk of injury or damages to a participant.
"NORMAL AGRICULTURAL OPERATION." AS DEFINED IN THE ACT OF
JUNE 10, 1982 (P.L.454, NO.133), REFERRED TO AS THE RIGHT-TO-
FARM LAW.
"Participant." An individual, other than an employee of an
agritourism activity provider, who engages in an agritourism
activity.
Section 3. Limited civil liability for agritourism activity
providers.
(a) Liability.--Except as otherwise provided by subsection
(b) SUBSECTIONS (B) AND (C), an agritourism activity provider
shall not be civilly liable for injury or damages to a
participant if:
(1) at the time of the agritourism activity from which
the injury or damages occurred, a warning sign was posted in
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accordance with section 4; and
(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 injury or damages if any of
the following apply:
(1) The agritourism activity provider performs an act in
a grossly negligent manner and causes injury or damages to a
participant.
(2) The agritourism activity provider purposefully
causes the injury or damages to a participant.
(3) The agritourism activity provider's action or
inaction constitutes criminal conduct and causes the injury
or damages to a participant.
(4) The agritourism activity provider recklessly fails
to warn or guard against a dangerous condition that causes
injury or damages to a participant.
(C) EXCEPTIONS FOR CERTAIN ACTIONS.--AN AGRITOURISM ACTIVITY
PROVIDER SHALL NOT BE IMMUNE FROM CIVIL LIABILITY UNDER
SUBSECTION (A) FOR INJURY OR DAMAGES ARISING FROM:
(1) OVERNIGHT ACCOMMODATION.
(2) A WEDDING.
(3) A CONCERT.
(4) FOOD AND BEVERAGE SERVICES.
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
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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 or 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: Read your written agreement or the back of
your ticket. Under Pennsylvania law, except for limited
circumstances, an agritourism activity provider is not
liable for any injury to or death of a participant
resulting from an agritourism activity. Do not
participate in the activity if you do not wish to waive
liability."
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 or care-dependent person,
the participant's parent or guardian.
(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
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10-point bold type.
(5) The written agreement contains the following
language:
"AGREEMENT AND WARNING: I understand and acknowledge
that, except for limited circumstances listed below,
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. I understand that an
agritourism activity provider is not protected from
liability if the provider:
(1) Performs an act in a grossly negligent
manner and causes injury or damages to a participant.
(2) Purposefully causes a participant's injury.
(3) Acts or fails to act in a way that
constitutes criminal conduct.
(4) Recklessly fails to warn or guard against a
dangerous condition that causes injury or damages to
a participant. A dangerous condition is a condition
that creates an imminent and substantial risk of
injury or damages to a participant."
(6) Notwithstanding paragraphs (1), (2), (3) and (4), a
written agreement that contains substantially the same
language under paragraph (5) may be printed on a ticket
required for access to 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.
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Section 7. Effective date.
This act shall take effect in 60 days.
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