An Act To Promote Agricultural Activity in Maine by Limiting the Liability for Agritourism Activities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 14 MRSA §159-A, sub-§1, ¶B, as amended by PL 2009, c. 156, §1, is further amended to read:
B. "Recreational or harvesting activities" means recreational activities conducted out-of-doors, including, but not limited to, agritourism activity, hunting, fishing, trapping, camping, environmental education and research, hiking, recreational caving, sight-seeing, operating snow-traveling and all-terrain vehicles, skiing, hang-gliding, noncommercial aviation activities, dog sledding, equine activities, boating, sailing, canoeing, rafting, biking, picnicking, swimming or activities involving the harvesting or gathering of forest, field or marine products. It includes entry of, volunteer maintenance and improvement of, use of and passage over premises in order to pursue these activities. "Recreational or harvesting activities" does not include commercial agricultural or timber harvesting.
Sec. 2. 14 MRSA §159-A, sub-§1, ¶D is enacted to read:
D. "Agritourism activity" means an activity carried out on a farm that allows members of the general public, for recreational, entertainment or educational purposes, to view or participate in rural activities, including farming, ranching, rural history, rural culture and harvest-your-own activities and similar rural activities and attractions. "Agritourism activity" includes an activity involving an animal exhibition at an agricultural fair licensed by the Department of Agriculture, Food and Rural Resources under Title 7, section 83.
Sec. 3. 14 MRSA §159-A, sub-§4, ¶B, as amended by PL 1995, c. 566, §1, is further amended to read:
B.
For an injury suffered in any case where permission to pursue any recreational or harvesting activities was granted for a consideration other than the consideration, if any, paid to the following:
(1) The landowner or the landowner's agent by the State; or
(2) The landowner or the landowner's agent for use of the premises on which the injury was suffered, as long as the premises are not used primarily for commercial recreational purposes and as long as the user has not been granted the exclusive right to make use of the premises for recreational activities; or
(3) The landowner or the landowner's agent for participation in an agritourism activity; or
summary
This bill provides limited liability to landowners who open their land for agritourism activities.