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New York
STATE OF NEW YORK
1152
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
___________
Introduced by Sens. ORTT, GALLIVAN -- read twice and ordered printed,
and when printed to be committed to the Committee on Judiciary
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:
Section 1. The general obligations law is amended by adding a new
article 18-B to read as follows:
ARTICLE 18-B
SAFETY IN AGRICULTURAL TOURISM
SECTION 18-301. SHORT TITLE.
18-302. DEFINITIONS.
18-303. DUTIES OF OPERATORS AND VISITORS OF AGRICULTURAL TOURISM AREAS.
S 18-301. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "SAFETY IN AGRICULTURAL TOURISM ACT".
S 18-302. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, "AGRICULTURAL
TOURISM" MEANS ACTIVITIES,INCLUDING THE PRODUCTION OF MAPLE SAP AND
PURE MAPLE PRODUCTS MADE THEREFROM, FARM AND WINERY TOURS, EQUINE THERA-
PY, U-PICK CHRISTMAS TREES, HIKING, HUNTING AND OTHER FORMS OF OUTDOOR
RECREATION OFFERED TO FARM VISITORS, CONDUCTED BY A FARMER ON-FARM FOR
THE ENJOYMENT AND/OR EDUCATION OF THE PUBLIC, WHICH PRIMARILY PROMOTE
THE SALE, MARKETING, PRODUCTION, HARVESTING OR USE OF THE PRODUCTS OF
THE FARM AND ENHANCE THE PUBLIC'S UNDERSTANDING AND AWARENESS OF FARMING
AND FARM LIFE.
S 18-303. DUTIES OF OPERATORS AND VISITORS OF AGRICULTURAL TOURISM
AREAS.
1. OPERATORS OF AGRICULTURAL TOURISM AREAS SHALL HAVE THE FOLLOW-
ING ADDITIONAL DUTIES:
A. TO POST AND MAINTAIN WAY FINDING SIGNAGE TO DELINEATE THE PATHS,
AREAS AND BUILDINGS THAT ARE OPEN TO THE PUBLIC;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03372-01-7
S. 1152
2
B. TO ADEQUATELY TRAIN EMPLOYEES WHO ARE ACTIVELY INVOLVED IN AGRICUL-
TURAL TOURISM ACTIVITIES;
C. TO POST AT EVERY POINT OF SALE OR DISTRIBUTION OF TICKETS, WHETHER
ON OR OFF THE PREMISES OF THE AGRICULTURAL TOURISM AREA, A CONSPICUOUS
"WARNING TO VISITORS" RELATIVE TO THE INHERENT RISKS OF PARTICIPATING IN
ACTIVITIES ON WORKING FARMS AND TO IMPRINT UPON ALL TICKETS SOLD OR
DISTRIBUTED, SUCH TEXT AND GRAPHICS AS THE COMMISSIONER OF AGRICULTURE
AND MARKETS SHALL SPECIFY, WHICH SHALL CONSPICUOUSLY DIRECT THE ATTEN-
TION OF ALL VISITORS TO THE REQUIRED "WARNING TO VISITORS";
D. TO POST AT EVERY POINT OF SALE OR DISTRIBUTION OF TICKETS AT AN
AGRICULTURAL TOURISM AREA A CONSPICUOUS NOTICE TO VISITORS THAT THIS
ARTICLE PRESCRIBES CERTAIN DUTIES FOR VISITORS, AND TO MAKE COPIES OF
THIS ARTICLE IN ITS ENTIRETY AVAILABLE WITHOUT CHARGE UPON REQUEST TO
VISITORS IN A CENTRAL LOCATION AT THE AGRICULTURAL TOURISM AREA;
E. TO MAKE AVAILABLE WRITTEN INSTRUCTION OR TO PROVIDE EDUCATION FOR
VISITORS RELATIVE TO THE RISKS INHERENT IN THE ACTIVITIES ON WORKING
FARMS AND THE DUTIES PRESCRIBED FOR VISITORS BY THIS SECTION, AND TO
CONSPICUOUSLY POST NOTICE OF THE TIME AND PLACES OF AVAILABILITY OF SUCH
INSTRUCTION AND EDUCATION IN LOCATIONS WHERE IT IS LIKELY TO BE SEEN BY
VISITORS; AND
F. TO POST CONSPICUOUS NOTICE TO VISITORS OF THE RIGHT TO A REFUND TO
THE PURCHASER IN THE AMOUNT PAID IN THE INITIAL SALE OF ANY TICKETS
RETURNED TO THE OPERATOR OF THE AGRICULTURAL TOURISM AREA, INTACT AND
UNUSED, UPON DECLARATION BY SUCH PURCHASER THAT HE OR SHE IS UNPREPARED
OR UNWILLING TO PARTICIPATE IN THE AGRICULTURAL TOURISM ACTIVITY DUE TO
THE RISKS INHERENT IN THE ACTIVITIES OR THE DUTIES IMPOSED UPON HIM OR
HER BY THIS SECTION.
2. VISITORS TO AGRICULTURAL TOURISM AREAS HAVE THE FOLLOWING DUTIES TO
ENABLE THEM TO MAKE INFORMED DECISIONS AS TO THE ADVISABILITY OF THEIR
PARTICIPATION IN AGRICULTURAL TOURISM ACTIVITIES:
A. TO COMPLY WITH POSTED WAY FINDING SIGNS AND REMAIN IN AREAS DESIG-
NATED FOR THE AGRICULTURAL TOURISM ACTIVITY;
B. TO FOLLOW ANY AND ALL WRITTEN INFORMATION OR CONSPICUOUSLY POSTED
RULES OF CONDUCT PROVIDED BY SUCH OPERATOR TO VISITORS; AND
C. NOT TO WILLFULLY REMOVE, DEFACE, ALTER OR OTHERWISE DAMAGE SIGNAGE,
WARNING DEVICES OR IMPLEMENTS OR OTHER SAFETY DEVICES.
S 2. This act shall take effect immediately.
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