Burlington--On July 1, Vermont Act 31 (H.89), an act aimed at protecting agritourism businesses from liability issues, went into effect.

This legislation establishes a limitation on liability for agritourism activities by acknowledging that there are "inherent risks" and shifting those risks to properly warned consumers. The act covers recreational, educational, entertainment, historical and nature-based activities on farms, such as farm tours, food production and pick-your-own fruits and vegetables. It does not include on-farm lodging, retail establishments or farm stands. 

To qualify for the limitation on liability, an agritourism host must post the required warning notice in a clearly visible location at or near the main entrance to each agritourism activity. The host also must include the warning language in every written contract with a participant. Posted warnings must meet the outlined specifications in Act 31. 

"Liability is a major concern for farms that are currently open to visitors and for farms thinking about diversifying to include agritourism," says Lisa Chase, director of the Vermont Tourism Research Center. "Act 31 provides additional protection for farms that post the warning signs and include the required language in contracts and waivers. However, farms still should follow best practices for agritourism safety."  

University of Vermont (UVM) Extension has a limited supply of Act 31 signs to distribute to farms at no cost on a first-come, first-served basis. Any agritourism host or business may arrange for a sign drop-off by sending an email to vtagritourism@uvm.edu. 

"Along with sign delivery, UVM Extension is offering safety walk-throughs on farms," Chase adds. "Farms may schedule a safety assessment through that same email address."

To learn more about the required specifications of Act 31, go to https://go.uvm.edu/act31info.

The full act and summary can be found at https://legislature.vermont.gov/bill/status/2022/H.89.