1 Zoning---Zoning is one of the issues you want to consider before starting an ag tourism operation. You’ll also need to watch for developing trends carefully so you’ll have time to influence them to whatever degree that’s possible.

2 Employment Compliance---These issues range from compliance with immigration laws to having a written policy prohibiting employment discrimination to taking steps to reduce employee injuries.

3 Insurance---Coverage needs change dramatically when a farm moves from production ag to an agritainment operation and finding coverage can be a challenge.

4 Intellectual Property---Trademarks, copyrights and websites are all important aspects of the ownership of ideas and their expressions. Having clear ownership of these items can become enormously important but it’s even more important not to infringe on the rights of others.

5 Premises liability---People have to have places to park where they and their vehicles will be safe from injury and property damage. Guests also need to be kept away from moving machinery and other dangers. Slip and fall hazards should be managed or eliminated.

6 Petting zoos---A petting zoo should have an ecoli management plan in place to prevent outbreaks that could cause illnesses in children and individuals with compromised immune systems.

7 Field sanitation---Keeping areas free of clutter is an important consideration for ag tourism sites. A tidy farm is a safer farm. Also availability of toilet and hand-washing facilities are important issues to consider for visitors.

8 Signage---Guests must be directed to the site and around the site while they are on the farm because a tightly controlled and directed visit is a safer visit.

9 Pet management Plan---Even the best behaved and loveable animal may have a change of personality when surrounded by multitudes of strangers.

10 Ongoing Risk Evaluation & Planning---Agritainment operations need ongoing planning to manage emerging risk because the legal and regulatory environments are constantly changing. This may mean forming limited liability entities to help prortect personal assets from liability risk or steps as simple as doing year end reviews to be sure the operation is as safe and well managed as it can be.

Rich Schell is an attorney, author and agricultural entrepreneur. He is the author of An Illinois Legal Guide to Direct Farm Sales for Farmers and Other Food Entrepreneurs. Reach him schellville@excite.com or richschellcareer@hotmail.com or 847-759-9833. This article is not legal advice and it does not form an attorney-client relationship.
© 2005 Rich Schell