Bill Text: NY A00559 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to the inherent risks of operating agricultural tourism areas and participating in activities in agricultural tourism areas.
Spectrum: Slight Partisan Bill (Democrat 17-8)
Status: (Passed) 2017-10-23 - signed chap.338 [A00559 Detail]
Download: New_York-2017-A00559-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 559--A Cal. No. 115 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. WOERNER, STIRPE, MAGEE, HUNTER, TITONE, SIMON, SKARTADOS, RIVERA, SKOUFIS, GUNTHER, BENEDETTO, LIFTON, BARRETT, DiPIETRO, BLANKENBUSH, LUPARDO, BRABENEC, STEC, B. MILLER, NORRIS -- Multi-Sponsored by -- M. of A. BARCLAY, BUCHWALD, GALEF, LOPEZ, THIELE -- read once and referred to the Committee on Judiciary -- reported and referred to the Committee on Codes -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading 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 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general obligations law is amended by adding a new 2 article 18-B to read as follows: 3 ARTICLE 18-B 4 SAFETY IN AGRICULTURAL TOURISM 5 Section 18-301. Short title. 6 18-302. Definitions. 7 18-303. Responsibilities of operators and visitors of agricul- 8 tural tourism areas. 9 § 18-301. Short title. This article shall be known and may be cited as 10 the "safety in agricultural tourism act". 11 § 18-302. Definitions. For purposes of this article: 12 1. "Agricultural tourism" means activities, including the production 13 of maple sap and pure maple products made therefrom, farm and winery 14 tours, equine activities both outdoors and indoors but excluding equine 15 therapy, u-pick Christmas trees, hiking, hunting and other forms of 16 outdoor recreation offered to farm visitors, conducted by a farmer 17 on-farm for the enjoyment and/or education of the public, which primari- 18 ly promote the sale, marketing, production, harvesting or use of the 19 products of the farm and enhance the public's understanding and aware- 20 ness of farming and farm life. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03372-04-7A. 559--A 2 1 2. "Equine therapy" shall include equine activities for children or 2 adults with physical or mental disabilities, post-traumatic stress 3 disorder or other condition for which equine therapy is sought for ther- 4 apeutic purposes or treatment. 5 § 18-303. Responsibilities of operators and visitors of agricultural 6 tourism areas. 1. Operators of agricultural tourism areas shall have the 7 following additional responsibilities: 8 a. To post and maintain way finding signage to delineate the paths, 9 areas and buildings that are open to the public; 10 b. To adequately train employees who are actively involved in agricul- 11 tural tourism activities; 12 c. To post at every point of sale or distribution of tickets, whether 13 on or off the premises of the agricultural tourism area, a conspicuous 14 "Warning to Visitors" relative to the inherent risks of participating in 15 activities on working farms and to provide written information having 16 such text and graphics as the commissioner of agriculture and markets 17 shall specify, which shall conspicuously direct the attention of all 18 visitors to the required "Warning to Visitors"; 19 d. To post at every point of sale or distribution of tickets at an 20 agricultural tourism area a conspicuous notice to visitors that pursuant 21 to this article such visitors have a responsibility to exercise reason- 22 able care regarding the disclosed risks of the agricultural activity, 23 and reasonably comply with posted way finding signs, reasonably remain 24 in areas designated for the agricultural tourism activity, reasonably 25 follow any and all written and conspicuously posted rules of conduct 26 provided by such operator to visitors or verbal or other communication 27 for persons with disabilities, and not to willfully remove, deface, 28 alter or otherwise damage signage, warning devices or implements, or 29 other safety devices; 30 e. To take reasonable care to prevent reasonably foreseeable risks to 31 visitors, consistent with the responsibility of a landowner to keep his 32 or her premises reasonably safe for intended and reasonably foreseeable 33 uses and users, and to post conspicuous notice to visitors of the right 34 to a refund to the purchaser in the amount paid in the initial sale of 35 any tickets returned to the operator of the agricultural tourism area, 36 intact and unused, upon declaration by such purchaser that he or she 37 believes that he or she is unprepared or that he or she is unwilling to 38 participate in the agricultural tourism activity due to the risks inher- 39 ent in the activities or the duties imposed upon him or her by this 40 section; and 41 f. Owners and operators of agricultural tourism areas shall not be 42 liable for an injury to or death of a visitor if the provisions of this 43 subdivision are complied with. 44 2. Visitors to agricultural tourism areas have the responsibility to 45 exercise reasonable care regarding the disclosed risks of the agricul- 46 tural activity and: 47 a. to reasonably comply with posted way finding signs and reasonably 48 remain in areas designated for the agricultural tourism activity; 49 b. to reasonably follow any and all written information or conspicu- 50 ously posted rules of conduct provided by such operator to visitors, or 51 verbal or other form of communication of rules of conduct where needed 52 for effective communication for people with disabilities; and 53 c. not to willfully remove, deface, alter or otherwise damage signage, 54 warning devices or implements or other safety devices. 55 § 2. This act shall take effect immediately.
