Rising costs, fluctuating market prices, unpredictable weather — Wyoming’s farmers and ranchers face a host of challenges every year that threaten to drive them out of business. That’s helped prompt many to also pursue alternative revenue streams, and among the most popular has been agritourism.
Not only does agritourism offer an operation the chance to generate more revenue, it can also educate the general public about farming practices, helping to head off misinformation at the proverbial pass.
But opening the doors to agritourism also opens the doors to significant liability if someone is hurt while at their operation. That’s led around 38 states in America to formally recognize agritourism in their statutes, and grant farmers and ranchers at least some liability protection for inherent risks.
Wyoming, however, isn’t among them. Senate File 108 would change that, adding a section for agritouruism to the state’s existing Recreation Safety Act.
The bill’s sponsor is Sen. Eric Barlow, R-Gillette, who said the bill comes from talking to his local residents.
“(There’s) an agricultural operation that’s doing what it can to diversify,” he told lawmakers on the Senate Travel, Recreation, Wildlife and Cultural Resources Committee Tuesday morning. “(They want to) get other folks to come to the place and buy their goods, protein, meat and vegetables.”
The operation has added a greenhouse-type system as well as overnight camping and other elements that go along with agritourism, Barlow said. But they’re concerned that agritourism isn’t covered by the state’s Recreation Safety Act.
Inherent Risks
Agritourism options vary widely, ranging from pumpkin patches and corn mazes to farm tours, hayrides in wagons or sleighs, bed and breakfast stays, classes, to things like horseback riding or other outdoor experiences.
But farming and ranching is one of the nation’s most hazardous industries, according to OSHA statistics, and that makes agritourism inherently dangerous as well.
“There are inherent risks of just being in this environment, just as there would be for being at a wrestling match, or being on a football field, or being on a rafting trip, and all those things,” Barlow said. “So that’s the genesis of this bill.”
The bill will add a definition for agritouruism and recognize there are inherent risks to just being onsite.
“What this is basically saying is, if you’re going to participate in these activities, you are assuming some risk,” Barlow said.
Barlow’s bill doesn’t protect landowners from negligence or intentional acts, Barlow added, but it’s “some level of protection for them, when they’re offering some of these activities.”
Wyoming’s Recreation Safety Act applies to both individuals and governmental entities.
“Whether it’s our state parks or a dude ranch, these things apply,” he said. “It’s for profit or not. If it’s a free activity, it’s covered by this as well. It’s not just pay-for activities.”
Barlow is also keeping the language of the agritourism addition broad, so that lawmakers don’t have to worry as much about amending what’s covered year after year.
“We could add rock climbing, but if we use ‘not limited to mountain climbing’ that might go with rock climbing, and mountain climbing is already in the bill,” he explained.
Support From Lawmakers
The Farm Bureau was among groups testifying in support of the bill.
“Good bill, love the definition, important for my members,” Wyoming Farm Bureau Policy Advocacy Director Brett Moline said.
Other lawmakers also voiced strong support for the bill.
“The only discussion I have is the only thing wrong with this bill is my name is not on it,” Chairman of the committee, Senator Bill Landen, R-Casper said. “This is a good bill, I like this bill.”
Landen recalled the time his roommate in college decided people might enjoy moving cattle for two or three days from the lowlands up above Ranchester all the way out on top of Lodge Grass.
“I was fortunate enough to cowboy several times and help with that,” he said. “And you can’t imagine the thrill it was for people to come from somewhere else and have an opportunity to do that.”
But it was also not an activity without considerable risk, Landen added.
“So anyway, that’s been going on, and I’m glad we’re doing this,” he said.
Roll Call
Little additional discussion on the bill was required, nor were there any amendments introduced.
The bill passed unanimously.
Committee members in addition to Chairman Landen included: Sen. Brian Boner, R-Douglas; Sen. Larry Hicks, R-Baggs; Sen. Stacy Jones, R-Rock Springs; Sen. Wendy Schuler, R-Evanston.
Renée Jean can be reached at renee@cowboystatedaily.com.
