NALC webinar will review liability challenges for equine, agritourism business owners

By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture

FAYETTEVILLE, Ark. — With the fall season comes visits to pumpkin patches, hayrides, corn mazes and petting zoos – but for owners of these attractions, risk and liability come along with visitors.

The National Ag Law Center's Oct. 16 webinar will discuss managing risk and liability in equine and agritourism operations. (Division of Agriculture photo)

“Agritourism is a huge industry, and continues to grow,” Rusty Rumley, senior staff attorney at the National Agricultural Law Center, or NALC, said. “It can diversify a farm’s income, but there is risk and liability associated with it for business owners.”

The 2022 Census of Agriculture showed a rise in the income generated from agritourism and recreational services, jumping from $949 million in 2017 to almost $1.26 billion in 2022.

With a growing industry comes the potential for liability, whether due to injuries or illnesses experienced by patrons.

“States around the country have implemented specific statutes that outline the responsibilities and liabilities for business owners who are involved in agritourism and equine-related activities,” Rumley said. “It’s important that owners are aware of these statutes and the limitations inherent in them as well. However, further risk mitigation tools such as liability insurance and proper planning are also needed to limit potential risk.”

Equine Activity & Agritourism Statutes: Strategies for Risk Management, the next webinar hosted by the NALC, will focus on states’ statutes and the strategies business owners can take to mitigate risk. The webinar will be presented by Rumley and Tim Potter, equine and animal scientist with a Ph.D. from Texas A&M University, and owner of Potter Consulting, LLC.

“The NALC hears about unique legal situations involving equine and agritourism frequently,” Rumley said. “These businesses have a lot to offer for both the owners and the community, but there are key risks involved that must be accounted for before opening their doors to the general public.”

The webinar is available at no cost. Registration is available online at the NALC website.

During the presentation, Rumley and Potter will also provide real-life examples of risks associated with the equine and agritourism operations as well as practical solutions to address these concerns.

“It’s a fascinating area of agricultural law,” Potter said. “While the fruits of business owners’ labor is visible, there is so much that goes on behind the scenes to ensure these practices are safe from potential risk and liability.”

Rumley said Potter’s years of experience with horses will be a huge benefit to webinar attendees curious about equine liability.

“Dr. Potter has owned horses his entire life and has consulted with many over the years on these animals, ranging from topics on health issues, to behavior, safety issues and more,” Rumley said. “He’s an excellent addition to our webinar series.”

Agritourism survey opportunity

The University of Vermont, in partnership with the NALC, is hosting an online survey to understand how many U.S. agricultural operations welcome visitors for education, research, direct sales, hospitality and entertainment. Those who have a farm, ranch, or other agricultural business open to visitors are encouraged to participate in the brief survey.

For information about the National Agricultural Law Center, visit nationalaglawcenter.org or follow @Nataglaw on X. The National Agricultural Law Center is also on Facebook and LinkedIn.

Subscribe online to receive NALC Communications, including webinar announcements, the NALC’s Quarterly Newsletter, and The Feed.

If you are involved in agriculture, the NALC wants to hear from you. Take the NALC’s brief stakeholder survey online to help inform how the center serves the nation’s ag community.

Melonworm threatens Arkansas pumpkins, growers should scout now through October

By Sarah Cato
U of A System Division of Agriculture

LITTLE ROCK – With fall approaching, Arkansas pumpkin growers are nearing harvest. But while fruit ripens on the vines, growers should be on the lookout for melonworm.  

CHECK YOUR PUMPKIN PATCH — Melonworm is a pest of cucurbit crops that feeds on plant foliage and fruit, usually etching pumpkin rinds just under the stems or where the fruit contacts the ground. They typically arrive in Arkansas in early to mid-September. (Division of Agriculture photo.)

Melonworm is a pest of cucurbit crops — a family that includes cucumbers and watermelons — that feeds on plant foliage and fruit, usually etching pumpkin rinds just under the stems or where the fruit contacts the ground. Often confused with pickleworm, melonworm is a different, tropical species that migrates to Arkansas from coastal regions. Because melonworm doesn’t overwinter in Arkansas, its arrival varies year to year, typically beginning in early to mid-September, but sometimes as early as late August.

Melonworm moths have white, almost translucent, wings with a brown outline. Larvae are green caterpillars with two longitudinal, white stripes down their back and 4 sets of prolegs.

“When we see melonworm really depends on the climatic conditions for the year,” said Aaron Cato, horticulture integrated pest management specialist for the University of Arkansas System Division of Agriculture. “In 2021, moths showed up in late August, much earlier than previous years and began multiplying rapidly before pumpkin harvest started.”

Significant damage

This early arrival led to significant damage in pumpkins statewide in 2021.

“By late September, we were seeing a large number of damaged pumpkins and a lot of growers saw a 50 percent yield loss or more by the end of the year,” Cato said. “Melonworm was by far our biggest pumpkin pest in 2021.”

Cato said melonworm larvae will quickly defoliate leaves of pumpkin plants, feed on the rind and burrow under the handle, causing the stem to pull off when grabbed. Feeding on the rind results in the fruit ultimately becoming unmarketable. However, there are warning signs to look out for and treatment options available.

“Seeing moths in the field should be an early sign for growers that an insecticide application may be necessary,” Cato said. “If growers can easily find the white and brown moths flying in plantings, or if they’re seeing larvae on leaves, a pesticide application will be necessary.”

Many effective products for melonworm are available. Although an economic threshold for this pest doesn’t currently exist, research in Arkansas is ongoing.

“Our data from 2021 and 2022 indicates that pesticides containing chlorantraniliprole, such as Coragen or Shenzi, do the best job because they have a long residual,” Cato said. “Pyrethroids like bifenthrin or lambda-cyhalothrin only achieved moderate levels of control and likely aren’t going to get the job done.”

Mention of product names does not imply endorsement by the University of Arkansas System Division of Agriculture.

To learn about extension programs in Arkansas, contact your local Cooperative Extension Service agent or visit www.uaex.uada.edu. Follow us on Twitter and Instagram at @AR_Extension. To learn more about Division of Agriculture research, visit the Arkansas Agricultural Experiment Station website: https://aaes.uada.edu/. Follow on Twitter at @ArkAgResearch. To learn more about the Division of Agriculture, visit https://uada.edu/. Follow us on Twitter at @AgInArk.