LAND USE AND

REGULATIONS AND SAFETY

AND RISK MANAGEMENT
AGRI-TOURISM
GROUP 4
G LY D E L P I G A
J O V E LY N R E Y E S
J O A N M AT I A S
 LAND USE PLAN

• The land use plan identifies the area for Agri-tourism land
u s e . Wi t h i n t h i s a r e a , c o n s i d e r a t i o n c o u l d b e g i v e n f o r a n e w
zoning district that would implement this plan. Not all
properties within the Agri-tourism area will be suitable or
meet the regulations of a new implementing zoning district.
 REPUBLIC ACT NO. 10816
• An act providing for the development and promotion of farm tourism
in the Philippines
• Be it enacted by the senate and house of representatives of the
Philippines in congress assembled:
• Section 1. Short title. – This act shall be known as the “farm
tourism development act of 2016”.
• S e c . 2 . D e c l a r a t i o n o f p o l i c y. – T h e s t a t e r e c o g n i z e s t h e i m p o r t a n c e
of agriculture in making available food and other products necessary
to sustain and enhance human life, and in providing livelihood to a
major portion of the population.
• The state further recognizes that tourism, coupled with agriculture
extension services, can disseminate the value of agriculture in the
e c o n o m i c a n d c u l t u r a l d e v e l o p m e n t o f t h e c o u n t r y, s e r v e a s a c a t a l y s t f o r
the development of agriculture and fishery communities, and provide
additional income for farmers, farmworkers, and fisher folk.
• T h e s t a t e s h a l l a l s o s e e k t o p r o m o t e e n v i r o n m e n t - f r i e n d l y, e f f i c i e n t a n d
sustainable farm practices; provide alternative recreation facilities and
farm tourism activities for families, students and other clientele; and
promote health and wellness with high-quality farm-produced food.
• To m a x i m i z e t h e b e n e f i t s t h a t c a n b e d e r i v e d f r o m a g r i c u l t u r e a n d t o u r i s m
combined, it is therefore the declared policy of the state to provide the
policy and enabling environment for the encouragement, development and
p r o m o t i o n o f f a r m t o u r i s m i n t h e c o u n t r y.
• Sec. 3. Definition of terms. – As used in this act, the following
terms shall mean as follows:
• (A) farm tourism – the practice of attracting visitors and
tourists to farm areas for production, educational and
recreational purposes. It involves any agricultural – or fishery
– b a s e d o p e r a t i o n o r a c t i v i t y t h a t b r i n g s t o a f a r m v i s i t o r,
tourists, farmers and fisher folk who want to be educated and
trained on farming and its related activities, and provides a
venue for outdoor recreation and accessible family outings;
• (B) farm tourism activity – any activity carried out on a farm
that allows visitors and tourists to enjoy farming or fishing
experience through education, recreation or leisure;
• (C) farm tourism camp – any farm area that allows visitors
and tourists to visit, get involved in farm activities, and to
enjoy and learn rural lifestyle;
• (D) farm tourism operator – any person, company or
recognized group, who is the owner or overall in charge of a
farm tourism camp;
• (E) farm tourism practitioner – any person who is engaged
in providing one or more farm tourism activities; and
• (F) accreditation – a certification officially recognizing a
farm tourism camp as having complied with the minimum
standards for farm tourism.
• Sec. 4. Farm tourism strategic action plan. – There is hereby
mandated the formulation and implementation of the farm tourism
strategic action plan, herein referred to as the plan, which shall be the
comprehensive set of programs, projects and activities for the growth of
f a r m t o u r i s m i n t h e c o u n t r y. T h e p l a n s h a l l b e i n t e g r a t e d a n d b e m a d e
consistent with the national tourism development plan.
• T h e p l a n s h a l l c o v e r, a m o n g o t h e r s , t h e f o l l o w i n g a r e a s o f c o n c e r n :
investment promotion and financing; market research, trends,
innovations, and information; accreditation of farm tourism camps;
market promotion and development; agriculture and fishery research,
development and extension; institutional and human resource
development; and infrastructure support. It shall likewise define the
roles and responsibilities of national government agencies, local
g o v e r n m e n t u n i t s ( L G U ’s ) , f a r m t o u r i s m o p e r a t o r s , t o u r o p e r a t o r s ,
educational institutions, and other industry stakeholders in the
implementation of the plan.
• Sec. 5. Creation of the farm tourism development board. –
To e n s u r e t h e a t t a i n m e n t o f t h e o b j e c t i v e s o f t h i s a c t , t h e r e i s h e r e b y
created the farm tourism development board, herein referred to as the
board, which shall be attached to the department of tourism (DOT).
The board shall formulate plans and programs for the development and
promotion of farm tourism in the country and shall set the overall
direction for the implementation of the plan.
The board shall have the following powers and functions:
• (A) formulate, advocate, coordinate, oversee and assess the
implementation of the farm tourism strategic action plan;
• (B) increase awareness on the value of farm tourism through advocacy
campaigns and marketing activities;
• (C) recommend infrastructure projects and transportation programs for
f u n d i n g b y t h e D O T, t h e d e p a r t m e n t o f a g r i c u l t u r e ( D A ) , t h e t o u r i s m
infrastructure and enterprise zone authority (TIEZA), the department
of public works and highways (DPWH), the department of
transportation and communications (DOTC), and other concerned
government agencies;
• (D) formulate and oversee the conduct of farm tourism research and
d e v e l o p m e n t p r o j e c t s t o e n s u r e s u s t a i n a b i l i t y o f t h e c o u n t r y ’s f a r m
tourism program, such as on market research, trends and innovations,
and information dissemination; financing requirements; industry
manpower development; resource productivity and utilization
improvement; and sustainable agriculture practices and education;
• (E) create technical panels, working groups, or task forces that will
assist the board in the performance of its functions;
• (F) establish cooperation among, and/or request the assistance of,
departments, bureaus, offices, agencies or instrumentalities of the
government, farm tourism stakeholders, financial and educational
i n s t i t u t i o n s , n o n g o v e r n m e n t o r g a n i z a t i o n s , p e o p l e ’s o r g a n i z a t i o n s a n d
other like-minded institutions and individuals in the implementation of
its functions and the attainment of the objectives of this act; and
• (G) perform such other powers and functions which shall advance the
development and promotion of farm tourism camps and activities.
• Sec. 6. Composition. – The farm tourism development board shall be
composed of the following:
• (A) secretary of the DOT as chairperson;
• (B) secretary of the DA as vice-chairperson;
• (C) secretary of the department of trade and industry (DTI);
• (D) the president of an educational institution providing farm tourism
programs, to be identified by the DOT and the DA;
• (E) the president of a national farm tourism organization;
• (F) the president of a national inbound tour operators association; and
• (G) the president of a national federation of farmers cooperatives.
• The DOT secretary may designate the undersecretary for tourism
development as his/her alternate, and the da and the DTI secretaries
may designate their respective alternates who shall be at least bureau
director in rank, and their acts shall be considered the acts of their
principals.
• Sec. 7. Board secretariat. – There shall be a board secretariat to be
composed of the DOT office of tourism development planning,
research and information management, and other technical personnel of
t h e D O T, t h e D A a n d t h e D T I a s a s s i g n e d b y t h e i r r e s p e c t i v e
secretaries. The director of the office of tourism development
planning, research and information management shall head the board
secretariat.
• S e c 8 . I n v e s t m e n t p r o m o t i o n , f i n a n c i n g a n d i n c e n t i v e s . – T h e D O T,
the DA and the DTI shall develop programs linking stakeholders in the
f a r m t o u r i s m i n d u s t r y, g o v e r n m e n t f i n a n c i a l i n s t i t u t i o n s ( G F I S ) ,
government-owned or -controlled corporations (GOCCS), private
banks, financial cooperatives and other lending institutions to increase
access to credit for farm tourism. The land bank of the Philippines, the
development bank of the Philippines, the small business corporation,
and other government corporations and instrumentalities providing
financing programs shall create lending windows to cater to the
development of farm tourism camps and activities.
• The TIEZA and the board of investments, and other investment
promotion agencies, shall develop and implement programs that shall
establish reasonable and innovative investment incentives to attract
more investors and farm tourism practitioners in the farm tourism
i n d u s t r y.
• Farm tourism operators and practitioners may avail incentives under
existing laws.
• Sec 9. Market research and information. – The DOT office of
tourism development planning, research and information management
a n d t h e a g r i c u l t u r a l t r a i n i n g i n s t i t u t e ( AT I ) o r t h e D A s h a l l c o n d u c t
researches and studies on farm tourism market, trends and innovations,
industry manpower needs and development; sustainable agriculture
practices and education, and other issues that may be identified by the
board.
• The DOT and the DA shall collaborate and maintain a comprehensive
farm tourism information system to assist the government in
formulating plans and programs on farm tourism development and to
enable industry stakeholders respond to the needs of the market. The
information system shall contain information and statistics on farm
tourism camps and activities, market researches, accessibility and
available modes of transportation, publications and research materials,
and other information as identified by the board.
• Sec. 10. Accreditation of farm tourism camps. – The DOT and the DA
shall jointly promulgate and enforce the standards and guidelines on the
accreditation of farm tourism camps.
• Accreditation shall be on a voluntary basis and shall be valid for two
(2) years.
• Accreditation may be suspended or revoked for any violation of the
standards.
• S e c . 11 . M a r k e t p r o m o t i o n a n d d e v e l o p m e n t . – T h e D O T a n d t h e
tourism promotions board, the DA, the DTI and LGUs shall include farm
tourism in their marketing and promotions programs, and support
operators of accredited farm tourism camps and their associations in
conducting and joining local and international conferences, congresses,
trade fairs, and exhibits.
• Inbound tour operators shall include accredited farm tourism camps as
part of their suggested itineraries.
• T h e AT I a n d t h e t e c h n i c a l e d u c a t i o n a n d s k i l l s d e v e l o p m e n t a u t h o r i t y
(TESDA) shall showcase farm tourism camps and activities as a way of
p r o m o t i n g s u s t a i n a b l e a g r i c u l t u r e . T h e AT I s h a l l e n c o u r a g e f a r m t o u r i s m
camps to become learning sites and accredited extension service providers,
and the TESDA shall accredit farm tourism camps as technical vocational
institutions for agriculture and tourism courses.
• The DTI bureau of small and medium enterprise development and the
bureau of domestic trade promotion and the DA – agribusiness and
marketing assistance service shall assist farm tourism operators and
practitioners in the marketing and distribution of their products, and link
them with consumers’ cooperatives and organizations, and retailers.
• T h e D O T, t h e D A , a n d t h e P h i l i p p i n e i n f o r m a t i o n a g e n c y ( P I A ) s h a l l l a u n c h
and pursue a nationwide campaign to promote farm tourism and accredited
farm tourism camps, and promote the principle of sustainable development.
For this purpose, the DOT and the DA shall encourage the establishment of
a t l e a s ’ o n e ( 1 ) f a r m t o u r i s m c a m p i n e v e r y p r o v i n c e i n t h e c o u n t r y.
• Sec. 12. Agriculture and fishery research, development and extension. –
The Philippine council for agriculture, aquatic and natural resources research
and development and the bureau of agricultural research shall include the
technology needs on farm tourism camps in the research and development
programs in agriculture, aquatic and natural resources and shall disseminate
s u c h r e s u l t s t o t h e D O T, t h e D A , t h e D T I , o t h e r c o n c e r n e d g o v e r n m e n t
agencies, farm tourism operators and practitioners, state universities and
colleges (SUCS) and private educational institutions offering educational
programs on farm tourism development, and organizations engaged in farm
tourism.
• T h e AT I , t o g e t h e r w i t h t h e c o o p e r a t i v e d e v e l o p m e n t a u t h o r i t y ( C D A ) , S U C S ,
educational and research institutions and other relevant government agencies
shall develop and implement programs for the adoption of technologies
appropriate for farm tourism, provide adequate training and agricultural
extension services for farm tourism practitioners and operators and strengthen
farm tourism cooperatives and organizations.
• S e c . 1 3 . I n s t i t u t i o n a l a n d h u m a n r e s o u r c e d e v e l o p m e n t – t h e D O T, t h e
DA, the DTI, the department of science and technology (DOST), the
commission on higher education (CHED), the TESDA, SUCS, private
educational and research institutions, and other private sector groups
shall establish ant implement an institutional and human resource
development program for farm tourism development, which shall include,
but not be limited to:
• (A) capacity building for farm tourism operators to enable them to comply
w i t h t h e D O T, t h e AT I a n d t h e T E S D A a c c r e d i t a t i o n s s t a n d a r d s a s p r i m a r y
or secondary tourism enterprises, as extension service providers, and as
technical vocational institutions, respectively;
• (B) technical-vocational education and training for farm tourism industry
practitioners, including farm tourism camp workers, to actively contribute
t o p r o d u c t i v i t y, t h e p r a c t i c e o f g o o d a g r i c u l t u r a l , a n i m a l h u s b a n d r y a n d
m a n u f a c t u r i n g p r a c t i c e s , c o m p l i a n c e t o f o o d s a f e t y, h e a l t h , h y g i e n e a n d
sanitation standards, and adherence to hospitality management practices;
• (C) formulation and implementation of competency standards and
training regulations for technical-vocational education and training for
the farm tourism industry; and
• (D) capability building for LGUs in the promotion, development and
sustainability of farm tourism camps and activities.
• Sec. 14. Infrastructure support. – The DPWH, the DOTC, the DA,
and other infrastructure agencies shall include in their annual
development plans and priority investment programs infrastructure
projects and transportation programs to expand access to farm tourism
camps. The DOT and the DA shall coordinate with these agencies the
infrastructure requirements of established and potential farm tourism
camps.
• Sec. 15. Implementing rules and regulations. – The board, in
consultation with concerned government agencies, LGUs and their
leagues, and farm tourism industry stakeholders, shall issue the
implementing rules and regulations within ninety (90) days starting
from the effectivity of this act.
• Sec. 16. Repealing clause. – All laws, decrees, executive orders, rules
and regulations and other issuances or parts thereof, inconsistent with
t h e p r o v i s i o n s o f t h i s a c t , a r e h e r e b y r e p e a l e d o r m o d i f i e d a c c o r d i n g l y.
• Sec. 17. Separability clause. – If any part or provision of this act is
declared unconstitutional or invalid, other parts or provisions herein
which are not affected thereby shall continue in full force and effect.
• S e c . 1 8 . E f f e c t i v i t y. – T h i s a c t s h a l l t a k e e f f e c t f i f t e e n ( 1 5 ) d a y s a f t e r
its publication in the official gazette or in a nation newspaper of
general circulation.
Safety & Risk Management
Inviting guests onto your property brings many rewards, but there are risks,
too. For the sake of your land, animals, family, and visitors, it’s imperative
that you understand the risks associated with agritourism and take measures
to minimize your risk exposure. View agritourism safety as a program,
encompassing steps to prevent exposure of visitors to farm risks and
respond to adverse incidents when they do occur. This chapter will walk
you through some safety considerations that will help you take your first
step toward your farm safety program.
Develop a farm safety plan
Yo u r p l a n s h o u l d s t a r t w i t h r o u t i n e w a l k - t h r o u g h s o f a l l t h e
areas that could be accessed by visitors (even those you wish
to be off-limits). Keep a log of identified hazards and when you
make property inspections. Consider inviting someone else (an
e x t e n s i o n p r o f e s s i o n a l , e m e r g e n c y r e s p o n d e r, i n s u r a n c e
p r o v i d e r, e t c . ) To w a l k t h r o u g h t h e f a r m w i t h y o u . Tr y t o s e e
your farm through the eyes of someone not familiar with
farming and its inherent risks. Are there particular risks for
c h i l d r e n ? Yo u r a n i m a l s ? Yo u r p r o p e r t y ?
A farm safety plan for an Agritourism operation should:
a s s e s s r i s k s a n d d e fi n e g u i d e l i n e s f o r m a i n t a i n i n g a s a f e
environment for those living on the farm, employees, and
farm visitors.
E s t a b l i s h p l a n s o f o p e r a t i o n f o r s p e c i fi c a c t i v i t i e s o n t h e
farm (e.g., Parking, hay rides, food service, animal handling,
etc.).
P r o v i d e a b a s i s f o r t r a i n i n g f a r m e m p l o y e e s .
F a c i l i t a t e e m e r g e n c y r e s p o n s e i n t h e e v e n t t h a t a n a c c i d e n t
occurs.
Maintain a safe environment
Assessing your farm for risks is an important part of your
planning process. The following checklists will guide you
through risk assessment for many aspects of your farm operation.
When thinking about safety on your farm, always remember:
• Every farm has its own unique safety risks.
• Risks can be managed and reduced, but never fully eliminated.
• Yo u m u s t b e c o m e f a m i l i a r w i t h a l l a p p l i c a b l e f e d e r a l , s t a t e , a n d
local laws and regulations.
• The safety of your guests is non-negotiable.
PA R K I N G
• Driveway/entrance is visible from either direction on road.
• Parking spaces are adequate for your peak number of visitors.
• Overflow parking areas are available.
• Internal (farm) traffic lanes are wide enough.
• Areas for drop-off/pick-up for buses are available (if needed).
• Guests are prevented from parking on public roads.
• T h e r e i s a s e p a r a t e e n t r a n c e a n d e x i t t o e a s e t r a f fi c f l o w.
• There is adequate lighting between dusk and dawn (if needed).
• Parking is easily identifiable and safe for pedestrians.
• Wo r k e r s h e l p d i r e c t t r a f f i c a n d w e a r b r i g h t / r e f l e c t i v e c o l o r s ( a s n e e d e d ) .
• C o n t i n g e n c i e s a r e i n p l a c e i n t h e e v e n t o f r a i n / m u d / s n o w.
• Handrails are placed along walkways where needed.
BUILDINGS AND BATHROOMS
• You are aware of and in compliance with all building codes that apply to the property.
• Public areas are lighted if customers are present at night.
• You have clean, well-stocked bathrooms or regularly maintained port-o-lets.
• Port-o-lets are in a cool, dry area.
• You have properly functioning handwashing stations.
• You know where the 100-year flood line is, and electronics are above it.
• You know where fi re extinguishers and water for fi re trucks are located.
• You test your smoke alarms at least once a year.
• You maintain material safety data sheets, so you know the ingredients and directed usage of
cleaning products in your buildings.
• You established visitor capacity limits (buildings, attractions, etc.).
• You posted “in case of emergency” signs, with easy to read instructions.
EMERGENCY PREPARATION
• To prepare for emergencies, you need to practice for them. You and your employees should
know where the first aid kits and fi re extinguishers are located. Plan to run at least one practice
drill per year. Also, make sure family members and employees are trained in first aid and CPR.
• While a working farm with fewer than ten full-time employees does not have to be certified
under the fi re code, any building that has overnight accommodations, retail facilities, or
structures for public or outdoor assembly must follow the fi re code. Contact your state’s
division of fi re safety to learn whether your business must be certified under the fi re code.
• “Attractive nuisances” are inherently hazardous objects or property conditions that can be
expected to attract people, particularly children, to investigate or play. Examples include
swimming pools, hay storage areas, ponds/lagoons, ATV’s, bee hives, construction sites, etc.
Make sure that “attractive nuisances” are secured or removed from your visitor area.
• If it can be predicted, it can be prevented. If it can be prevented, it is not an accident!
Animals and visitors together
• If animals and visitors will come into contact on your farm, make sure
that you keep the animals clean, monitor them daily for health problems,
have them up-to-date on their vaccinations, and keep good health records
on them.
o Install appropriate signage and be ready to provide verbal reminders
about how to act around animals.
o Decide on the level of contact between guests and animals and reinforce
guidelines with appropriate signage.
o Be sure that animals are properly contained or secured.
o R e m o v e m a n u r e a n d r e p l a c e a n i m a l b e d d i n g d a i l y.
o Clean and sanitize fencing/rails and other surfaces exposed to visitors
d a i l y.
o Leave large animals in their enclosure at all times.
o If using horses to pull a wagon, hitch them before people enter the
wagon.
o If visitors have come from another farm, provide them with booties or a
disinfecting shoe wash.
o If visitors have compromised immune systems or open wounds, do not
permit them to have contact with animals.
o Provide a straightforward way for visitors to inform you if they are bitten
or scratched by an animal. Have them fill out your incident report form.
o Yo u r v e t e r i n a r i a n c a n t e a c h y o u a b o u t a d d i t i o n a l b i o h a z a r d r i s k s a n d
zoonotic diseases.
• I n f or m visito r s ( visu ally an d v er bally) ab ou t an imal beh av io r, and ask them
to wash hands (or use alcohol-based hand sanitizer) after touching animals.
• Make sure that food and drink is prohibited in the animal areas and that the
eating/drinking area is well separated from animals. Closely supervise all
visitors’ interactions with animals.
Food safety
• C o m p l y w i t h a l l h e a l t h d e p a r t m e n t r e g u l a t i o n s . Yo u r l o c a l d e p a r t m e n t o f
health sanitarian can assist with questions on planning your operation.
• All food and drinks must be stored, prepared, served, and sold in
compliance with department of health regulations and guidelines.
• Food service establishments should pass health inspection.
• Use a sanitizing solution on all areas that come in contact with food
products.
• Use proper labeling and handling techniques.
• Av o i d p r o d u c t c o n t a m i n a t i o n .
• Educate employees about worker health and hygiene.
• Provide appropriate restrooms and hand-washing facilities, including
signage about proper handwashing.
• Provide multiple hand-washing stations.
• Use display materials that can be cleaned easily and appropriately
( e . g . , Ta b l e s , t a b l e c o v e r i n g s , e t c . ) .
• Use harvesting and display containers that can be cleaned prior to use.
• Regularly clean buildings and structures used for selling, storing, and
packing fresh produce so they do not pose a risk for product
contamination.
• Tr a in e m p lo y e e s to b e m in d f u l o f p o te n tia l c o n ta m in a tio n f r o m
consumers (i.e., They just changed a diaper in the back seat, and now
they are buying fruit in your farm stand).
• E s t a b l i s h a d o g p o l i c y.
FIRE PREVENTION
• Regularly inspect and maintain working smoke detectors in buildings.
• Properly store flammable and combustible materials.
• Maintain fi re extinguishers strategically throughout farm.
• B e s u r e w o r k e r s a r e t r a i n e d t o u s e a fi r e e x t i n g u i s h e r.
• E n f o r c e a s t r i c t n o - s m o k i n g p o l i c y.
• Post “in case of emergency” signs, with contact person, emergency
p h o n e n u m b e r s , f a r m a d d r e s s a n d f a r m p h o n e n u m b e r.
• Provide emergency vehicle access.
• Arrange a farm walk-through with fi re/ems personnel.
• Remove brush, cobwebs, and other combustable materials from buildings
• Properly dry all hay before storing it.
Farm equipment and machinery
• Ensure all farm staff who operate farm machinery have been properly trained and are appropriately
licensed.
• Instruct staff to fully shut down equipment and remove keys when equipment is not in use.
• Develop a “key storage” location and make sure staff know where it is.
• Make sure all hydraulics are down or have pressure relieved.
• Take measures to prevent visitors from climbing on, walking into, or otherwise accessing farm
equipment.
• Never allow visitors to operate farm equipment.
• Do not allow visitors to ride on tractors, all-terrain vehicles, etc.
• Make sure all tractors are equipped with rollover protective structures and guards.
• Store ladders away from trees and public spaces.
• Develop an inspection process and record information from each inspection.
Wa t e r / l a g o o n s
• I n s t a l l b a r r i e r s t o b l o c k a c c e s s t o o p e n w a t e r.

• Post warning signs and advise visitors that all water features are off-limits.

• E n s u r e t h a t r e s c u e e q u i p m e n t ( b u o y, r o p e , a n d p o l e ) i s r e a d i l y a v a i l a b l e .

• Ask parents to keep an especially close eye on their children near

water/lagoons.
• Train staff in water rescue techniques, first aid and CPR.

Pesticides and chemicals

• Always use pesticides in strict compliance with label instructions.

• Keep records of all pesticide applications.

• L o c k p e s t i c i d e s , f e r t i l i z e r s , a n d p h a r m a c e u t i c a l s i n a n i n a c c e s s i b l e c o o l , d r y,
and well-ventilated storage area.
• Post signs designating chemical storage areas as “restricted”.

• Alert first responders to the location of chemical storage areas.

General security measures
• Determine how many employees are necessary to ensure an appropriate
l e v e l o f s a f e t y a n d s e c u r i t y.
• Maintain ability to communicate with employees while working on the
farm (e.g., By cell phones, radios, etc.).
• C l e a r l y i d e n t i f y a l l s t a f f , v o l u n t e e r s , s e c u r i t y, e t c . , S o v i s i t o r s c a n e a s i l y
recognize them and ask for assistance.
• Post signs in parking area disclaiming liability for any items lost or
stolen from vehicles.
• Establish a policy that requires children under age 16, for example, to be
accompanied by a parent or chaperone.
• Request that parents take responsibility for their children.
• Limit access to specific areas for children not accompanied by an adult.
• Designate areas that are off-limits to the public and check these areas
often.
• Have an information booth and lost and found (for children and items).
• Post “in case of emergency signs” with contact name, phone numbers,
farm name, and address.
• Require proper personal protective equipment (PPE) as needed.
• Develop an incident response form for documenting
accidents/incidents.
• Designate protected areas on the farm, and plans on how to get off the
f a r m i n i n c l e m e n t w e a t h e r.
• Provide visitors with a map that helps orient them to your farm.
P l a n s o f o p e r a t i o n f o r e a c h A g r i t o u r i s m a c t i v i t y y o u o ff e r, d e v e l o p a
written plan of operation, which provides evidence of efforts undertaken
to protect the safety of farm visitors—an important component of
protecting the farm from liability in the event of an accident. (See
example in table above). The plan of operation for each activity should:
• Describe the activity
• Identify potential risks
• Outline strategies for minimizing risks to guests
• Identify the location(s) for posting rules or warnings related to the
activity
Staff education and training
• Make sure all employees are properly educated and trained regarding
your:
• Business
• Employee expectations
• Farm safety risks
• Farm safety plan/plans of operation
• Emergency response procedures
• Plan to have a full staff training each year for new employees and a
refresher training each year for returning employees. Document these
trainings.
EMERGENCY RESPONSE
• Review your emergency response plan regularly, and include it in your employee training. It
should include:
• Contact information and emergency contacts for farm owners and employees that are easily
accessible
• Incident report forms for documenting accidents or other adverse incidents that occur on your
farm. You can model the form on a sample (there are several available online). Be sure it
includes the injured person’s name, address, and contact information, a detailed description of
the incident (what happened, time, location, who, weather, number of visitors on property, type
of medical assistance provided, witness accounts), and contact information for person completing
the report.
• Farm map detailing important locations with 9-11 addresses and geographical features and GPS
locations
• Directions from the nearest major intersection o Utility companies
• Locations of emergency response equipment o Chemical suppliers
(e.g., first-aid kits, fi re extinguishers, personal o Equipment suppliers
protective equipment)
o Insurance provider
• Emergency contacts
o Cooperative extension contact
o Fire department
o Personal attorney
o EMS
o Veterinarian
o Police
o Local doctor/hospital
o Local/county office of emergency management
o Poison control
Is someone injured?
When a guest or employee suffers an injury on the farm:
• E v a l u a t e t h e p e r s o n ’s c o n d i t i o n a n d p r o v i d e o r s e e k n e c e s s a r y m e d i c a l
attention
• Complete incident report form.
• N o t i f y t h e f a r m ’s i n s u r a n c e p r o v i d e r
T h e f o u r P ’s o f l i a b i l i t y
There are four broad ways a business or its owner may be found liable of
negligence:
• 1 ) i f s o m e t h i n g o n t h e p r e m i s e s h u r t s o m e b o d y,
• 2 ) i f a p r o d u c t h u r t s o m e b o d y,
• 3) if the property is causing an issue,
• 4) if an individual personally hurt someone.
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. This section
outlines types of liability and strategies for reducing risk.
PREMISES LIABILITY
• Owners and caretakers of land are held liable if visitors hurt themselves on some “defective” part of the
property that they were not warned about. As you can see in the chart at left, your duty to protect changes
depending on the status of your visitors. By inviting people onto your land as part of a business, you are
creating a new category of visitor who must be protected from all dangerous conditions.
PRODUCT LIABILITY
• If someone is injured by something you sold, or prepared and served, you may be responsible for the
resulting damages. Examples include designing an inherently dangerous product or selling a dangerously
made product, such as a knife without a handle. A negligently produced product is one that is created in
such a way that, by its deviation from the norm, it creates a danger to the consumer. You may be found
liable for reselling a defective product if you could have identified the defect but did not.
Property liability
• There are two kinds of property liability issues that can arise.
o F i r s t i s t h e c r i m e o f a g u e s t p h y s i c a l l y t r e s p a s s i n g o n t o s o m e o n e e l s e ’s
l a n d . I f a v i s i t o r t o y o u r f a r m a c c i d e n t l y p a r k s o n o t h e r p e o p l e ’s l a n d ,
r u n s t h r o u g h t h e i r p r o p e r t y, o r i n a n y w a y h a r m s t h e i r c r o p s , y o u a r e
l i a b l e f o r a n i n j u r y. A g o o d w a y t o p r e p a r e f o r t h i s i s t o h a v e a g o o d
relationship with your neighbors.
o Nuisance is the other kind of property liability issue. A nuisance
c h a r g e c o n c e r n s t h e u n r e a s o n a b l e i n t e r f e r e n c e w i t h a n o t h e r ’s u s e o f
o n e ’s p r o p e r t y. I t c o v e r s l i g h t s , s m e l l s , a n d a c t i o n s t h a t m a y u p s e t
neighbors, but that don’t have a physical presence. The usual defense
i s y o u r s t a t e ’s r i g h t t o f a r m l a w.
Personal liability
• Personal liability is for actions that you directly take, or fail to take,
t h a t r e s u l t i n h a r m t o o t h e r s . E x a m p l e s i n c l u d e r u n n i n g o v e r s o m e o n e ’s
foot, not keeping your livestock safely penned, and employees stealing
from customers. These aren’t really new risks, just risks that are more
likely to happen once your farm is open to visitors, and need new
precautions to make sure they don’t happen.
Protect yourself legally
• There is no single strategy for effectively reducing your exposure to
r i s k . A p p r o a c h l i a b i l i t y m a n a g e m e n t h o l i s t i c a l l y, a s a p r o g r a m o r
series of activities. Add “layers” of protection that demonstrate a
p r o a c t i v e , r e s p o n s i b l e , a n d c o m p r e h e n s i v e a p p r o a c h t o f a r m s a f e t y.
Insurance
• Always talk with your insurance provider to see if your agritourism activities are or can be covered. Also, make
sure any contractors or farmers’ markets you work with carry appropriate insurance that reduces your risk.
Remember that an insurance agents’ experience with agritourism may vary. If you don’t click with one agent,
you can shop around to find others who may know how to work with your business.
• Several types of insurance may be relevant to agritourism enterprises, including:
o Commercial or general liability
o Product liability
o Special events liability
o Property and loss
o Health and disability
o Crop
Release agreements and waivers
• A waiver is an agreement between you and your visitors that you will be held harmless for any
hurt they receive, that they are aware of the risks, and they are still willing to proceed despite
them.
• When creating a waiver, ask your attorney or insurance provider for specific language to use.
The key element of any waiver is the “indemnity by user” clause, whereby the user agrees to
“indemnify and hold harmless the landowner from any claims made by the user or their parties
arising from the use of the land or activities.” Release agreements and waivers help limit risk but
do not offer 100% protection. They act as a “reality check” for users/visitors, and they are legal
documents valid in a court of law, but they do not absolve hosts of responsibility for guests’
health and safety. They should not be your sole method of risk management.
Signage
• Signs perform a function similar to waivers. They don’t solve every liability problem, but they
warn visitors of potential dangers and help to limit your risk exposure if someone gets hurt.
Documentation
• Safety and emergency response plans
• Plan(s) of operation
• Employee training documents (certificates of CPR training, driver’s licenses, etc.)
• Log of farm inspections
• Documentation (photographic and/or video) of farm premises
• A file of all incident report forms
• Record of the number of visitors to the farm
• Repairs done to machinery
• Any signed waivers
• Veterinary/vaccinations records
Exceeding scope
M e a n s t h a t y o u r v i s i t o r s w e r e i n v i t e d t o d o s o m e t h i n g , b u t t h e y f a r
e x c e e d e d t h e s c o p e o f t h e o f f e r. G o i n g t h r o u g h a n “ e m p l o y e e s o n l y ”
door or using your organic deer repellent as sunscreen are both
examples of customers exceeding the scope of what they were invited
to do.
Assumption of risk
I s a d e f e n s e i n w h i c h a n i n j u r e d p a r t y k n e w t h e d a n g e r s a n d s t i l l
proceeded. For instance, if someone was warned that animals may bite
b u t p r o c e e d e d a n y w a y, t h a t p e r s o n a s s u m e d t h e r i s k o f a c t i o n s t a k e n .
Contributory negligence
some states are contributory negligence states: if an injured party is more
t h a n 5 0 % a t f a u l t f o r t h e i n j u r y, t h e d e f e n d a n t d o e s n o t h a v e t o p a y.
Right to farm
 t h e r i g h t t o f a r m i s a f a r m e r ’s d e f e n s e a g a i n s t t r e s p a s s a n d n u i s a n c e
complaints. Some states have decided that the social benefits of a farm are
great enough that “normal and reasonable” incidents relating to farming
are not enough to bring a trespass or nuisance complaint. Barring a
showing of an intentional, malicious act, most farms are immune from
s u c h c o m p l a i n t s . H o w e v e r i t ’s i m p o r t a n t t o r e m e m b e r t h a t t h i s a p p l i e s t o
e x i s t i n g f a r m a c t i v i t i e s o n l y. N e w f a r m i n g a c t i v i t i e s t h a t c r e a t e n e w
disturbances are not covered.