SENATE SENIOR CITIZENS, VETERANS' AFFAIRS AND AGRICULTURE COMMITTEE

STATEMENT TO

SENATE, No. 1332

STATE OF NEW JERSEY

DATED: OCTOBER 7, 1996

      The Senate Senior Citizens, Veterans' Affairs and Agriculture Committee favorably reports Senate Bill No. 1332.

      This bill would provide limited immunity for farmers from civil lawsuits brought by persons who enter agricultural or horticultural lands to pick their own fruit or other agricultural or horticultural products such as Christmas trees.

      Specifically, the bill provides that a person entering agricultural land would be considered a licensee, and not an invitee, thus limiting the duty a farmer owes that person to keep the property safe for that activity. The bill requires the State Agriculture Board to develop regulations that will define what actions a farmer shall take in order to meet the reasonable standard of care he owes to the persons invited onto his land. If that standard of reasonable care as enumerated in the regulations is met, the farmer will be presumed to have acted reasonably.

      The bill also provides that the area in which the "pick your own" activity is to take place is to be clearly marked. Any person entering lands outside that marked area will be considered a trespasser for the purposes of determining a farmer's liability to that person. The farmer is also required to post signs informing persons of the conduct expected and the limitations on liability provided in this bill.

      The limitations on liability in this bill are prospective only and do not apply to causes of action arising prior to the bill's effective date.