It’s the season of pumpkin patches, haunted mazes and Halloween hayrides on farms across Minnesota, a bucolic tradition for generations of families but one that is subject to very few safety regulations either in the state or across the country.
Regulations of these types of businesses vary greatly based on location and business model, with often minimal oversight, said Rusty Rumley, senior staff attorney at the National Agricultural Law Center. For example, a pick-your-own-pumpkin patch would have very few regulations, but a wedding barn venue where food is served would be subject to far more, he said.
“For a lot of things like the hayrides and stuff like that, it really doesn’t fall in anybody’s jurisdiction,” Rumley said.
With few rules, farm operators turned “agritourism” entrepreneurs often have to establish their own safety measures as they welcome hoards of families — many with small children — to their properties and allow them to interact with large farm equipment and animals.
Minnesota law grants agritourism businesses immunity from liability due to the inherent risks present in environments with farm animals and machinery. Exceptions to the law include negligence, willful or wanton disregard for safety, knowledge of dangerous conditions on the land and intentional injuries. The Stearns County Sheriff confirmed that it is investigating the Harvest of Horror, but has not provided additional details.
”It’s still an open investigation,” said Chief Deputy Dan Miller. There is no county licensing requirement for hayrides, Miller said.
While some agritourism operations will inspect their farm vehicles, there is no legal requirement to do so. Other types of rides, like at amusement parks, are subject to inspection by the Minnesota Department of Labor and Industry.
