An Act To Promote Agricultural Activity in Maine by Limiting the Liability for Agritourism Activities
Maine Legislature, Session 125, LD 1605
Committee: Judiciary
Sponsors: LIBBY, THIBODEAU, BLACK, CRAY, DAVIS, OLSEN, TIMBERLAKE, MASON, SHERMAN
Amends: 14 MRSA §159-A

Legislative Document 
No. 1605 
H.P. 1214 
House of Representatives, December 20, 2011 
An Act To Promote Agricultural Activity in Maine by Limiting the 
Liability for Agritourism Activities 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 16, 2011.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative LIBBY of Waterboro. 
Cosponsored by Senator THIBODEAU of Waldo and 
Representatives: BLACK of Wilton, CRAY of Palmyra, DAVIS of Sangerville, McCABE of 
Skowhegan, OLSEN of Phippsburg, TIMBERLAKE of Turner, Senators: MASON of 
Androscoggin, SHERMAN of Aroostook. 
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.