Relates to the inherent risks of operating agricultural tourism areas and participating in activities in agricultural tourism areas

1 Co-sponsor

• Patrick M. Gallivan

Title of bill

An act to amend the general obligations law, in relation to the inherent risks of operating agricultural tourism areas and participating in activities in agricultural tourism areas

Purpose

This bill provides predictability to agritourism proprietors and professionals by establishing processes for recognition and dissemination of the inherent risks involved with participating in agritourism activities.

Summary of provisions

Section 1 amends the general obligations law by adding a new article 18-B which establishes the short title, definitions, and duties of operators and visitors of agricultural tourism areas.

Section 2 establishes the effective date.

Justification

Agritourism is an important and growing sector of the rural economies in New York State. Activities such as U-Pick Christmas trees, farm and winery tours, hiking, hunting, and other forms of outdoor recreation offer farm visitors the chance to escape from the pressures of everyday life and enjoy the bucolic environs of the State of New York. Equine therapy is growing in acceptance as a treatment for Veterans returning from war and for women who are victims of domestic violence. Further- more, these activities add to our rural economies and provide farmers greater diversity of income.

The farm owners and ranchers who provide and sponsor agritourism often face uncertainty when determining their potential liability for activity that take place on their property. The cost of liability insurance for farms with agritourism activities is becoming prohibitive, particularly for small farms. Actuaries look to what is in statute to determine the extent of liability the farmer has. Even though NY case law would suggest that a court would take inherent risk into account in evaluating liability, the actuaries do not appear to base their ratings on case law. Rather, they are looking to what is predictable in statute. Presently, New York State has no uniform law addressing the standards of care owed by agritourism proprietors and farm animal professionals, which makes planning legal And insurance costs difficult. By passing legislation creating explicit and uniform standards, this legislation will create a better legislative environment for agritourism and farm professionals.

Legislative history

None.

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately.