Limiting Liability for Agritourism
"Agritourism enterprises offer farmers opportunities to diversify and increase their income. Opening the farm to these new opportunities, however, also introduces new risks and legal obligations that should not be ignored. It is important that the safety risks be identified and properly managed in order to minimize the potential for injuries, illnesses and resulting financial losses." - Vermont’s Northeast Kingdom Agritourism Onsite Farm Safety Guide
Farm Safety
Every farm has its own unique safety risks, and the safety of your guests is non-negotiable. Take the time to understand the risks associated with bringing visitors to your farm and make adjustments to create the safest environment possible.
Fact Sheets and Guides
- Improving Handwashing Stations - UVM Extension
- Safety & Risk Management for Agritourism (PDF)
- HPAI and Agritourism (PDF)
- Agritourism Onsite Farm Safety Guide (PDF)
- Managing Safety and Risk (PDF)
- National Children's Center for Rural and Agricultural Health and Safety
Tools, Checklists and Forms
Liability
It's important to do your best to prepare for the unexpected when you open your farm to visitors. Liability means that you are legally responsible for your actions, or inactions, that could bring harm to others. If what you did, or did not do, lead in a predictable manner to harm, then you are negligent.
Take the time to learn about the many types of "liability" you are assuming when guests come to your farm, then take appropriate measures to protect yourself.
Fact Sheets and Guides
- Integrating Safety into Agritourism
- Agritourism Liability (PDF)
- Farm Safety Walkthroughs
- Top 10 Ways To Limit Your Liability (PDF)
- Risk Assessment and Management – Colorado (PDF)
- Agritourism Best Management Practices (PDF)
Tools, Checklists and Forms
- Agritourism Emergency Response & Liability Assessment Checklist (PDF)
- Farm Accident/Incident Report Form Sample (PDF)
- Hazard Analysis Tool (FARM-HAT)
- Incident Report Form Sample (PDF)
- Agritourism Parking and Traffic Assessment Checklist (PDF)
- Printable Signs and Information for the Public
Videos
Connect
- Vermont Bar Association provides half-hour consultations and referrals for $25: 1-800-639-7036.
- Center for Agriculture & Food Systems
Insurers
The following insurers have identified themselves as having experience in Vermont agritourism. This list is for information only and no endorsement or approval is intended.
- Co-Operative Insurance Companies, Middlebury, Vt.
- Mary Cobb and Roy Folsom, Jaimes L. Fewer Agency, Inc., Barre, Vt.
- Stuart Farnham, Frazer Insurance Agency; email: stuart@figvt.com
- Josh MacDuff, Kinney Pike Insurance, Rutland, Vt.
Regulations
Town, state and federal regulations can be overwhelming, but it's wise to consider how they may impact your enterprise early in your planning. Give yourself adequate time to read and understand the regulations before you make significant investments in your agritourism business. This page will guide you to many of the appropriate resources who can provide more information specific to your business.
Be sure to visit our Guide to Navigating Vermont's Agritourism Regulations.
The following regulations may apply to your agritourism activities:
General Regulations
- Business Registration
- Business Taxation
- Sales Tax: Meals and Rooms
- Sales and Use Taxes
- American with Disabilities Act
Employment Regulations
- Fair Labor Standards
- Child Labor
- Federal Insurance Contributions Act (FICA)
- Unemployment Insurance Taxes
- Vermont Fair Employment
- Occupational Safety and Health Act (OSHA)
- Vermont Occupational Safety and Health
- Administration
- Workers’ Compensation Insurance
- Vermont Family and Medical Leave
Permits and Licenses
- Vermont Act 143
- Product/equipment registration
- Label/packaging information
- Milk/dairy registration and licensing
- Meat/poultry inspection
- Commercial catering
- Liquor License
- Food processing
There are a number of resources to help you determine which regulations apply to agritourism activities: