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.

Armed to Farm programs help military veterans, establish connections

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

FAYETTEVILLE, Ark. — Veterans and other beginning farmers face numerous challenges getting into agriculture. Much goes into the development and management of any kind of agricultural business: from planning the business entity, to liability considerations, to marketing and running the operation.

Rusty Rumley, senior staff attorney for the National Agricultural Law Center, is a frequent presenter at Armed to Farm events, which provide training to military veterans as they get started in agriculture. (U of A System Division of Agriculture image)

In the U.S., more than 289,000 farms have producers with military service, according to the 2022 Census of Agriculture. These farms account for more than 108 million acres of land throughout the country.

Veterans pursuing agriculture as a business may require training and want support as they get started in their new journey. A program from the National Center for Appropriate Technology fills that need: Armed to Farm.

Launched in 2013, Armed to Farm’s purpose is to provide training, resources and opportunities to military veterans as they get started in agriculture, connecting them to invaluable resources.

“Across the country, there are veterans who want to start a new business opportunity in farming,” Margo Hale, Armed to Farm program director, said. “Our program provides not only a solid foundation in the basic principles of operating a sustainable farming enterprise, but also a support system they can rely on throughout their farming journey. We want to see them succeed in reaching their goals.”

Armed to Farm training events are hosted frequently at locations across the U.S. At the events, veterans learn about farming and sustainable agriculture, develop goals for their business and connect with other veterans and farmers.

Rusty Rumley, a senior staff attorney for the National Agricultural Law Center, or NALC, is a frequent presenter at Armed to Farm events, having spoken at trainings nationwide over the past decade. He said there is a lot of ground to cover in these presentations, as getting started in agricultural business is no small feat.

“I talk about business entities, landowner liability, ag leasing and more with veterans at these events,” he said. “I always receive great questions, too. Helping these veterans learn about the process of starting an ag business and connecting them to other resources is something the NALC is very proud to be a part of.”

Rumley’s presentations utilize research materials published on the NALC website, which is regularly updated. Much of this research is stored in the NALC’s numerous “Reading Rooms.” The Reading Rooms cover a range of agricultural subjects, many of which Rumley has developed over the years. These include topics of interest to new farmers, such as business organizations, agritourism, and landowner liability. Information on topics such as these is crucial in helping veterans in their new endeavor.

“There’s so much to cover, it’s important we have resources available on our website to help those who need it, too,” he said.

Hale said that while the workshops conclude after a week, their impact lasts much longer.

“It’s amazing to see veterans from our program go on to build up and improve their agricultural businesses,” Hale said. “The connections they make during Armed to Farm workshops last well beyond the workshops themselves, too.”

Rumley will next speak at an Armed to Farm workshop in Harrisonburg, Virginia, on Aug. 14-15.

A full list of upcoming Armed to Farm events can be found online.

Colorado passes first right-to-repair law; others could follow

By Mary Hightower
U of A System Division of Agriculture

FAYETTEVILLE, Ark.  — Colorado’s first-in-the-nation law allowing farmers to repair their own equipment could be “the first chink in the armor” that has allowed only manufacturers to complete some repairs, said Rusty Rumley, senior staff attorney for the National Agricultural Law Center.

Rusty Rumley comments on Colorado's right-to-repair law.

Farmers have long been accustomed to repairing their equipment or turning to a nearby independent repair shop to make speedy fixes during planting, growing, and harvest. In the last decade or so, farmers have found those efforts thwarted not only by increasingly complex technology and lack of manuals and tools, but also protection of intellectual property that goes along with software-driven machinery.

Colorado Gov. Jared Polis signed the bill on April 25, hailing it as “a common-sense bipartisan bill to help people avoid unnecessary delays from equipment repairs.”

Starting Jan. 1, 2024, the Colorado law will require manufacturers of agricultural equipment to provide parts, embedded software, firmware, tools, or documentation, such as diagnostic, maintenance, or repair manuals, diagrams, or similar information resources, to independent repair providers and owners of the manufacturer's agricultural equipment to allow them to service or repair the owner's agricultural equipment.

“Farmers and ranchers can lose precious weeks and months when equipment repairs are stalled due to long turnaround times by manufacturers and dealers,” Polis said.

For the manufacturers, there are worries over trade secrets.

“How much of the computer code are they going to say they can’t release because competitors could take it and use it themselves,” Rumley said. “They might say that this should be protected by trade secrets, so there may be some litigation on aspects such as that. For a lot of these companies, the repair side of the industry is, or has been, a really important economic driver. It’s not just selling the new tractor or combine, it’s the repair work.”

Part of a bigger story

Rumley said agriculture equipment is only one aspect of a larger story. Similar issues exist with motorized wheelchairs, phones, tablets, and other electronic equipment. The Colorado law includes motorized wheelchairs, but not consumer electronics items.

“There are some 50 pieces of right-to-repair legislation floating out there amongst the states,” he said. “There’s a lot of push out there, and this is the first one to get past, at least on the ag side.”

One characteristic of the Colorado law is “it specifically says, if Congress ever passes a national right-to-repair act, the Colorado one goes away and they'll live with whatever the federal one is,” Rumley said. “I don’t think we’re close to a federal one yet.”

Back in January, ag equipment maker John Deere signed a memorandum of understanding with the American Farm Bureau Federation to ensure farmers and ranchers retained the right to repair their own equipment.

Find additional information about agricultural law at the National Agricultural Law Center.

The center is part of the Arkansas Agricultural Experiment Station, the research arm of 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 us on Twitter at @ArkAgResearch. To learn more about the Division of Agriculture, visit https://uada.edu/. Follow us on Twitter at @AgInArk.