Virtual File - Item

Text: Inviting the public out to the farm is a popular way to show people how food is grown and produced. That's why on Aug. 1, an agritourism law went into effect in Minnesota. The law provides liability protection for farmers who host Breakfast on the Farm, grape stomps, dairy days, you-pick-fruit, pumpkin patch visits, farm-to-table events and more.

With more people visiting farms, farmers assume more risk and the possibility of lawsuits for injuries. For example, walking on farm land can cause a minor injury such as a twisted ankle, or a major injury such as a broken hip.

The new statute states that an agritourism professional is not liable for injury, damage, or death of a participant resulting from the inherent dangers of farming, ranching, winemaking and other agritourism activities.

Minnesota State Senator Vicki Jensen, DFL-Owatonna, was a co-author on the Senate bill. She is also an independent insurance agent. She explained that farmers can purchase extra coverage when they hold events.

"This is that protection that you don't need extra insurance to participate in an agritourism activity," Jensen said.

This is a signal to the agricultural community that we want them to let people experience what happens on a farm firsthand, she said -- the way they grow crops and care for their animals.

"The hope for it is that it lessens the anxiety for landowners if they want to participate," said Jensen.

Farmers still need liability insurance, she said, and the agritourism law will not offer protection in incidents of gross negligence or willful or wanton disregard for safety.

Farmers also will not be protected if they have knowledge of a dangerous condition or animal or if they intentionally injure a participant.

Farm groups across Minnesota supported the bill -- Renewing the Countryside, Minnesota Grown, Minnesota Farm Bureau Federation and Minnesota Farmers Union. The Minnesota Department of Agriculture and the commodity groups were in favor, as well.

Wisconsin, North Dakota and South Dakota already have agritourism liability laws on the books.

Signs

To be protected from lawsuits, farmers must post a warning sign so visitors understand the risks of agritourism. The exact verbage is not mandated.

Thom Petersen, government relations director of Minnesota Farmers Union, is spreading the word about the new law and covering the topic in county meetings. Members have been asking questions about the signs.

The signs need to warn people that they are on a farm and there are risks to a working farm, he said.

Petersen expects the agritourism sign to be similar to the one he posts on the barn door of his horse farm. The signs identifies Minnesota Statute 604A.12 stating that sponsors of livestock activities are not liable for the injury or death of a participant or spectator arising from the inherent risk of livestock activities. The inherent risks, including kicking, biting or spooking, are listed.

Eventually signs like this for agritourism will be available through a farm group or other entity, he said.

Even with the law, Petersen advised discussing liability insurance for on-farm events with your insurance agent.

"Keep your insurance agent in the loop," he said. "The last thing a lot of people do is check with their insurance company."

Going forward, the agritourism law should help reduce the price of event coverage because farmers have shown a regard for safety, posted a sign and followed the law, said Petersen.

Dairies

Bob Lefebvre, executive director of the Minnesota Milk Producers Association, supported the bill for a couple reasons.

"From a dairy farmer's perspective," he said, "we like to bring people on the farm so they can see how we care for the animal and the environment while we produce wholesome quality milk. It helps to eliminate one of the barriers for on-farm value-added enterprises."

One such value-added enterprise is Redhead Creamery in Brooten, Minn. Alise and Lucas Sjostrom, with Alise's parents, own the creamery where Alise makes artisan cheese. The creamery is located on the family dairy called Jer-Lindy Farms.

"I was glad to see it pass," Lucas Sjostrom said. "Every extra piece of protection for a business like ours is great."

Opens the barn door

Dawn Lanning operates HHH Ranch in Hastings, Minn. The triple H stands for Hastings Huskies and Horses, which has 35 horses and 40 dogs. From her stables, she offers trail rides, youth camps and horse boarding. With her Huskies, she offers dog sled rides to individuals, families, and even large groups. Many of her efforts include educational programs.

Lanning supported the agritourism bill even though the law doesn't directly help her operation.

"Any time you help a farmer diversify, it's going to help their bottom line," said Lanning. "This bill was huge in making it easier for farmers to do that."

Lanning also plans to create community sustained agriculture on her property. To sell shares, marketing is focused on inviting people out to the farm. You-pick events are one

popular way to market CSAs.

Indirectly, the new law could help Lanning in accessing funding for her ranch. While horses are large livestock, her stable is not considered a farm. The U.S. Department of Agriculture defines farms as raising anything that you can eat, she explained.

"It opens the door to recognition of services as an agricultural product," said Lanning. "It's setting a precedent."

Lanning reasoned that if ag-related services are being recognized then more funding programs may be offered through the USDA and Farm Service Agency.

Lanning doesn't agree with the argument that horses aren't part of the ag community. She goes through 750 pounds of feed a week bought from the local grain elevator, 800 pounds of hay per day bought from local farmers, and 60 pounds of beef per day bought from local farmers.

"We support it," she said, "but we are not part of the ag community?"

In addition, the equine liability law in Minnesota only covers non-profits. However, the new agritourism law protects for-profit businesses, said Lanning.

So next year, the horse industry can lobby to change the equine liability law to cover for-profit businesses the way the new agritourism law does, she said.