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Bill

A 198

Provides limited civil liability immunity to farmers hosting agritourism activities.

2026-2027 Regular Session Introduced by Dawn Fantasia and 3 co-sponsors

Provides limited liability for agritourism hosts against inherent risks if proper warnings are given, with specific carve-outs for negligence or misconduct.

Introduced, Referred to Assembly Agriculture and Natural Resources Committee
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Bill Summary · A 198

Summary of New Jersey Bill A 198 (Session 222)

Purpose and intent

Bill A 198 would provide limited civil liability immunity to farmers who host agritourism activities. It aims to encourage farm owners to offer agritourism experiences by limiting their legal exposure for injuries or deaths that result from inherent risks associated with such activities, provided appropriate warnings are given.

Key definitions

  • Agritourism activity: Any interactive or passive activity on a farm related to agriculture, food production, history, or nature watching, conducted for education, entertainment, or recreation. Examples include farming activities, viewing attractions, pick-your-own, nature watching, and animal exhibitions at agricultural fairs. Excludes roadside farm stands or operations solely selling merchandise or food at retail.
  • Agritourism host: Person providing the facilities and equipment for participating in an agritourism activity.
  • Farm: Land and related structures used for production for sale in various agricultural categories, qualifying for farmland assessment.
  • Inherent risk: Dangers intrinsic to agritourism activities (e.g., animal behavior, surface/subsurface hazards, natural land conditions, equipment risks) and the possibility of participant negligence contributing to injury.
  • Participant: Any person invited onto the farm to participate in an agritourism activity.

Main provisions

1) Limited liability for inherent risks

  • An agritourism host generally shall not have a legal duty to protect a participant from inherent risks and shall not be liable for injuries or death resulting from inherent risks, provided the host gives proper warnings as required by section 3.
  • This limitation does not apply if the agritourism host acts with gross negligence, has actual knowledge of a dangerous condition or dangerous animal propensity and fails to warn, intentionally injures a participant, or commits willful/wanton misconduct or criminal conduct that causes injury or death.
  • The liability limitation is in addition to any other applicable liability limitations in law (e.g., outdoor recreation, motor vehicle, equine activity statutes).

2) Warning requirements (section 3)

  • Hosts must post a clear warning sign at or near the main entrance of each agritourism activity, and include the warning in any written contract with a participant.
  • The required warning states that the host is not liable for injuries or deaths resulting from inherent risks, lists examples of inherent risks (animals, weather, land conditions), and cautions that participants may contribute to their own injury through negligent behavior.
  • If a host fails to comply with these warning requirements, they cannot invoke the liability limitation.

3) Liberal construction

  • The act should be liberally construed to encourage farm owners and occupants to host agritourism activities.

4) Repeal and consolidation

  • Repeals and supersedes P.L.1997, c.378 (which granted immunity for pick-your-own operations) and incorporates those protections into this broader agritourism framework.

5) Effective date and applicability

  • Takes effect on the 90th day after enactment.
  • Applies only to agritourism activities occurring on or after the effective date.

Who/what is affected

  • Agritourism hosts on farms that offer educational, entertainment, or recreational activities to participants.
  • Participants attending agritourism activities.
  • Farm operations that might host such activities, including pick-your-own experiences now encompassed by this bill.
  • Legal framework surrounding farm liability, by introducing a specific, warning-based immunity for inherent risks.

Procedural/timeline notes

  • Introduced January 13, 2026, and referred to the Assembly Agriculture and Natural Resources Committee.
  • If enacted, the act would take effect 90 days after enactment and apply to activities after that date.

Bottom line

A 198 seeks to lower farmers’ liability exposure for typical inherent risks involved in agritourism, contingent on proper warnings, while preserving carve-outs for gross negligence, known dangerous conditions, intentional harm, and other willful misconduct. It also consolidates and expands existing immunity for pick-your-own operations into a broader agritourism framework.

Compiled from official sources — confirm details with the bill’s official record.

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