S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10070

                          I N  A S S E M B L Y

                              May 10, 2016
                               ___________

Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
  tee 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;
  B. TO ADEQUATELY TRAIN EMPLOYEES WHO ARE ACTIVELY INVOLVED IN AGRICUL-
TURAL TOURISM ACTIVITIES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15305-02-6
              

A. 10070                            2

  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  NOTICE  TO  VISITORS  THAT   THIS   ARTICLE
PRESCRIBES CERTAIN DUTIES FOR VISITORS, AND TO MAKE COPIES OF THIS ARTI-
CLE 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 NOTICE TO VISITORS OF THE RIGHT TO A REFUND TO THE PURCHAS-
ER 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  ADDI-
TIONAL DUTIES TO ENABLE THEM TO MAKE INFORMED DECISIONS AS TO THE ADVIS-
ABILITY 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 SEEK OUT, READ, REVIEW AND UNDERSTAND, IN ADVANCE OF PARTICIPAT-
ING IN AGRICULTURAL TOURISM ACTIVITIES, A "WARNING  TO  VISITORS"  WHICH
SHALL  BE  DISPLAYED AND PROVIDED PURSUANT TO PARAGRAPH C OF SUBDIVISION
ONE OF THIS SECTION;
  C. TO FOLLOW ANY AND ALL RULES OF CONDUCT AS ARE  PRESCRIBED  PURSUANT
TO SUCH "WARNING TO VISITORS";
  D. NOT TO WILLFULLY REMOVE, DEFACE, ALTER OR OTHERWISE DAMAGE SIGNAGE,
WARNING DEVICES OR IMPLEMENTS OR OTHER SAFETY DEVICES; AND
  E.  TO  OBTAIN  SUCH  EDUCATION  IN  AGRICULTURAL  TOURISM ACTIVITIES,
INCLUDING THE FAMILIARIZATION WITH THE SKILLS AND  DUTIES  NECESSARY  TO
REDUCE THE RISK OF INJURY IN PARTICIPATING IN SUCH ACTIVITIES AND RECOG-
NITION  THAT  AGRICULTURAL  TOURISM  ACTIVITIES ARE VOLUNTARY ACTIVITIES
THAT MAY BE HAZARDOUS  OR  TAKE  PLACE  IN  POTENTIALLY  HAZARDOUS  FARM
SETTINGS.
  S 2. This act shall take effect immediately.