As autumn descends, the agritourism industry is poised for a seasonal surge, drawing families to pumpkin patches, corn mazes, and petting zoos. While these attractions provide a delightful escape and a chance to connect with agriculture, they also come with significant risks and liabilities that owners must navigate. Rusty Rumley, a senior staff attorney at the National Agricultural Law Center (NALC), emphasizes the dual nature of agritourism: it can diversify a farm’s income, but it also exposes owners to potential legal challenges.
The growth of agritourism is evidenced by the 2022 Census of Agriculture, which reported a substantial increase in income from these ventures, jumping from $949 million in 2017 to nearly $1.26 billion in 2022. This upward trend reflects a broader consumer interest in experiential farming, where visitors seek not just products but also the experience of farm life. However, as the industry expands, so does the potential for liability, particularly concerning injuries or illnesses that patrons may incur while visiting these sites.
Rumley notes that many states have enacted specific statutes delineating the responsibilities and liabilities of agritourism operators. These laws are designed to protect both the business owners and the public, but they require careful understanding and compliance. “It’s crucial for owners to be aware of these statutes and the limitations they impose,” he explains. Beyond legal statutes, Rumley advocates for additional risk mitigation strategies, such as obtaining liability insurance and engaging in thorough planning to minimize exposure to risk.
To address these pressing concerns, the NALC is hosting a webinar titled “Equine Activity & Agritourism Statutes: Strategies for Risk Management.” Scheduled to feature insights from both Rumley and Tim Potter, an equine and animal scientist with a Ph.D. from Texas A&M University, the session aims to equip agritourism operators with knowledge about their legal responsibilities and practical strategies to mitigate risks. The webinar is free to attend, highlighting the NALC’s commitment to supporting agricultural entrepreneurs.
During the presentation, attendees can expect to hear real-life examples of risks that have arisen in agritourism settings, along with practical solutions to address these challenges. Potter, who also runs Potter Consulting, LLC, underscores the complexity of agritourism law, remarking, “While the fruits of business owners’ labor are visible, there is so much that goes on behind the scenes to ensure these practices are safe from potential risk and liability.” This behind-the-scenes work is essential for fostering a safe environment for visitors, which in turn can enhance the reputation and sustainability of agritourism operations.
The implications of this growing industry are significant, not just for business owners but for the communities they serve. Agritourism can stimulate local economies, create jobs, and foster a greater appreciation for agriculture among the public. However, as Rumley points out, the potential for legal issues necessitates a proactive approach to risk management. Owners must be prepared to navigate the complexities of agritourism law while ensuring that their attractions remain safe and enjoyable for visitors.
As agritourism continues to flourish, the balance between opportunity and risk will be a critical focus for operators. With resources like the upcoming NALC webinar, business owners can better equip themselves to handle the challenges that come with opening their doors to the public, ensuring that the experience remains beneficial for both their business and the community at large.