[Passed Both Houses]

 

SENATE SUBSTITUTE FOR

SENATE, No. 1332

 

STATE OF NEW JERSEY

 

 

ADOPTED DECEMBER 11, 1997

 

 

Sponsored by Senators KYRILLOS, SINGER, Matheussen, Assemblywoman Vandervalk, Assemblymen Garrett,

Blee and LeFevre

 

 

An Act concerning the liability of certain persons for activities on agricultural or horticultural lands and supplementing chapter 42A of Title 2A of the New Jersey Statutes.

 

      Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

      1. As used in this act, "agricultural or horticultural land" means orchards, nurseries or other land devoted to the production for sale of plants, crops, trees, forest products or other related commodities.

 

      2. Notwithstanding the provisions of any law to the contrary, an owner, lessee or occupant of agricultural or horticultural land shall not have a legal duty to protect a person who is invited onto the land for the purposes of picking or taking agricultural or horticultural products from the natural risks or hazards that are inherent characteristics of agricultural or horticultural land, and shall not be liable if such a person invited onto the land is injured because of any natural risks or hazards that are inherent characteristics of agricultural or horticultural land.

 

      3. This act shall take effect immediately and shall apply only to any cause of action that arises after the effective date of this act.

 

 

STATEMENT

 

      The Legislature recognizes that agricultural or horticultural operations are used for the purposes of inviting the public to come onto the land to pick and to take agricultural and horticultural products. The Legislature also recognizes that this activity is a valuable business resource for New Jersey agriculture. Individuals that invite the public on to agricultural or horticultural land for purposes of picking or taking horticultural products need to be distinguished from the operators of other types of businesses with respect to liability. According to the provisions of this bill, owners, lessees or occupants of agricultural or horticultural land who invite the public onto the land for the purposes of picking or taking agricultural or horticultural products shall not be responsible for injuries that occur because of the intrinsic hazards or natural conditions of agricultural or horticultural operations.

 

 

                             

 

Provides limited civil liability immunity to farmers for "pick your own" operations.