1     
AGRICULTURAL TOURISM AMENDMENTS

2     
2015 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Lee B. Perry

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Senate Sponsor: Ralph Okerlund

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7     LONG TITLE
8     General Description:
9          This bill regulates agricultural tourism activities.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     states that a participant in an agricultural tourism activity may not make a claim
14     against, or recover damages from, an operator for injury resulting from:
15               •     an inherent risk of an agricultural tourism activity; or
16               •     the participant's failure to follow instructions or exercise reasonable care; and
17          ▸     requires an operator of an agricultural tourism activity to post signs describing the
18     inherent risks of an activity and the limited liability of the operator.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          78B-4-512, as enacted by Laws of Utah 2008, Chapter 132
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 78B-4-512 is amended to read:
29          78B-4-512. Definitions -- Participation in an agricultural tourism activity --
30     Limitations on civil liability.
31          [(1) As used in this section, "agri-tourism" means an activity that allows members of
32     the general public to view or enjoy agricultural related activities, including farming, ranching,
33     or historic, cultural, or natural attractions, for recreational, entertainment, or educational
34     purposes.]
35          [(a) An activity may be an agri-tourism activity whether or not the participant pays to
36     participate in the activity.]
37          [(b) An activity is not an agri-tourism activity if the participant is paid to participate in
38     the activity.]
39          (1) As used in this section:
40          (a) "Agricultural tourism activity" means an educational or recreational activity that:
41          (i) takes place on a farm or ranch or other commercial agricultural, aquacultural,
42     horticultural, or forestry operation; and
43          (ii) allows an individual to tour, explore, observe, learn about, participate in, or be
44     entertained by an aspect of agricultural operations.
45          (b) "Agritourism" means the travel or visit by the general public to a working farm,
46     ranch, or other commercial agricultural, aquacultural, horticultural, or forestry operation for the
47     enjoyment of, education about, or participation in the activities of the farm, ranch, or other
48     commercial agricultural, aquacultural, horticultural, or forestry operation.
49          (c) "Inherent risk" means a danger, hazard, or condition which is an integral part of an
50     agricultural tourism activity and that cannot be eliminated by the exercise of reasonable care,
51     including:
52          (i) natural surface and subsurface conditions of land, vegetation, and water on the
53     property;
54          (ii) unpredictable behavior of domesticated or farm animals on the property; or
55          (iii) reasonable dangers of structures or equipment ordinarily used where agricultural or
56     horticultural crops are grown or farm animals or farmed fish are raised.
57          (d) "Operator" means:
58          (i) a person who operates, provides, or demonstrates an agricultural tourism activity; or
59          (ii) an employee of a person described in Subsection (1)(d)(i).
60          (e) (i) "Participant" means an individual, other than a provider or operator, who
61     observes or participates in an agricultural tourism activity, regardless of whether the individual
62     paid to observe or participate in an agricultural tourism activity.
63          (ii) "Participant" does not mean an individual who is paid to participate in an
64     agricultural tourism activity.
65          (f) "Property" means the real property where an agricultural tourism activity takes place
66     and the buildings, structures, and improvements on that real property.
67          (2) A participant in an agricultural tourism activity may not make any claim against, or
68     recover damages from, any operator for injury primarily resulting from:
69          (a) an inherent risk of agritourism; or
70          (b) the participant's failure to:
71          (i) follow instructions given by the operator; or
72          (ii) exercise reasonable caution while engaged in an agricultural tourism activity.
73          (3) An operator shall post and maintain, in a clearly visible location at each entrance to
74     the property where an agricultural tourism activity takes place or at the location of each
75     agricultural tourism activity, a sign describing:
76          (a) the inherent risks of the activity; and
77          (b) the limitations on liability of the operators.
78          [(2)] (4) In any action for damages for personal injury, death, or property damage in
79     which an owner or operator of an [agri-tourism] agritourism activity is named as a defendant,
80     [it shall be an affirmative defense to liability that] the court shall undergo a comparative
81     negligence analysis and consider whether:
82          (a) the injured person deliberately disregarded conspicuously posted signs, verbal
83     instructions, or other warnings regarding safety measures during the activity; or
84          (b) any equipment, animals, or appliance used by the injured person during the activity
85     were used in a manner or for a purpose other than that for which a reasonable person should
86     have known they were intended.