Farm and agritourism insurance in New York
A working farm that opens its gate to the public carries two kinds of risk at once: the farm itself, with its barns, machinery, animals and crew, and the visitors who come to pick apples, ride the wagon or buy at the stand. New York has its own rules for both, from the agritourism statute to the way farm laborers are covered. Here is how the insurance fits around them.
A New York farm that sells to the public needs farm property and liability that knows about the farm stand, the u-pick fields and any hayrides or events, products liability for what you sell, auto liability on every farm-plated or agricultural-plated vehicle, cover for equipment and livestock, and workers' compensation plus disability and Paid Family Leave for farm laborers whatever the payroll. New York's Safety in Agricultural Tourism Act protects a farm from a visitor's injury claim only if the farm meets every duty in the statute, so it sits alongside insurance, not in place of it.
The farm package
- Farm property and liability: the house, barns, stored crops, feed and farm personal property, with liability for the farm operation. Ask in writing whether it covers visitors who pay to be there: the farm stand, u-pick, wagon rides, a corn maze, a petting area or events. If it doesn't, add it or put that side of the farm on a separate general liability policy.
- Products liability for what you sell: produce, eggs, meat, maple, baked goods and anything made in a farm kitchen.
- Equipment: tractors, implements and machinery that travel between fields are insured as property that moves, the way an inland marine floater covers a contractor's equipment.
- Livestock: farm personal property can cover animals against the causes of loss the policy names, so read which ones. Animals getting out onto a road is a liability claim.
- Auto for every farm-plated, agricultural-plated and regular vehicle, with hauling for others or carrying visitors disclosed.
- Workers' compensation and DBL/PFL for farm laborers, seasonal and part-time included.
- Umbrella above liability and auto once crowds come onto the farm.
Agritourism: what the law gives you, and what it asks
The Safety in Agricultural Tourism Act protects the farm from a visitor's injury claim only when every one of these is in place. Agriculture and Markets says the farm writes its own warning sign, and that a sign borrowed from the internet or another state may not do the job.
| Duty under GOL §18-303(1) | What it means on the farm |
|---|---|
| Wayfinding signs | Paths, areas and buildings open to the public marked; off-limits areas marked too |
| Trained employees | Everyone working the wagon, the maze or the fields with visitors knows the risks and the rules |
| Warning to Visitors sign | The inherent risks of your activities, at every point of sale or ticket distribution, on or off the farm, plus the Department's written notice handed to visitors |
| Visitor responsibilities notice | Visitors told to use reasonable care, follow signs and rules and stay in the areas set aside for them |
| Reasonable care and refund notice | Foreseeable risks dealt with, and a posted right to a refund for unused tickets from anyone unwilling to accept the risks |
Events are their own question
Agriculture and Markets treats hayrides, petting zoos, corn mazes and harvest festivals as part of the farm operation only when their main purpose is selling the farm's products, and towns may ask for an event permit or site plan review; the Town of Marlborough, for one, uses its Minor Site Plan Application for farm venue events. For insurance, an event business on the farm is a separate exposure: tell the carrier, ask who serves any alcohol and under whose licence, and see liquor liability if it's you.
Farm workers
- Workers' compensation for every farm employee, whatever the payroll, with the notice posted in English and Spanish.
- Disability and Paid Family Leave for eligible farm laborers, with PFL waivers offered to part-time or seasonal workers who qualify.
- Laborers a farm labor contractor supplies are on the farm's policy, not the contractor's.
- The spouse and minor children of the farmer aren't counted, unless they work under an express contract of hire.
Where it matters
Official town and county pages tie farming to these places: the Town of Greenwich describes farming as the backbone of its economy, Greenfield lists farms with produce, maple and u-pick among its businesses and runs a farmers market, Duanesburg adopted an agritourism law, Marlborough has a site plan route for farm venue events, and Ulster County counts agriculture among its main industries. Farms that also make beer, wine, spirits or cider: see brewery, winery, distillery and cidery insurance.
What I need to quote
- What you grow or raise, acreage, and what you sell, where: stand, market, u-pick, wholesale.
- Every visitor activity, with dates or seasons and expected crowds, and any events or rentals.
- Buildings with values, and the equipment and livestock lists.
- Vehicles with how each is plated and used.
- Payroll, seasonal crew and any farm labor contractor.
- Current policies and claims history.
Request a quote, or start with the business gap check. Once the policies are in force, I get you the certificates your market, town or event venue asks for.
- General Obligations Law §18-302, definitions (NY Senate) — agricultural tourism: activities conducted by a farmer on-farm for the enjoyment and/or education of the public, primarily promoting the farm's products and understanding of farming; examples include maple production, farm and winery tours, equine activities, u-pick Christmas trees, hiking, hunting and outdoor recreation; read October 27, 2026
- General Obligations Law §18-303, responsibilities of operators and visitors of agricultural tourism areas (NY Senate) — operator duties (a) to (e): wayfinding signage, trained employees, a Warning to Visitors sign at every point of sale or ticket distribution, notice of visitor responsibilities, reasonable care against foreseeable risks and notice of a refund right; (f) no liability for visitor injury or death if those provisions are complied with; visitor duties in subdivision 2; read October 27, 2026
- Overview of the Safety in Agricultural Tourism Act (NY Department of Agriculture and Markets) — the farm operator develops the Warning to Visitors sign; generic signage, or forms used in other states, may not satisfy New York law; failing to disclose a foreseeable risk or to take reasonable care could cost the statutory protection; farms should work with insurance and legal professionals on a risk assessment and review signs and training periodically; Appendix A gives the Department's text for the written information handed to visitors; read October 27, 2026
- Guidelines for Review of Local Laws Affecting Direct Farm Marketing Activities, rev. 9/30/19 (NY Department of Agriculture and Markets) — direct farm marketing includes roadside stands, farm markets, farmers' markets, u-pick and to a limited extent cafes; hayrides, petting zoos and corn mazes may be part of the farm operation case by case when their primary purpose is to sell the farm's products; on-farm events judged by whether they are incidental to farm product sales; local event permits and expedited site plan review can be reasonable; applies inside State certified agricultural districts under AML §305-a; read October 27, 2026
- Agriculture and Markets Law §301, definitions (NY Senate) — farm operation (subd. 11) and agricultural tourism (subd. 15); read October 27, 2026
- Workers' Compensation Coverage Requirements (NY WCB) — workers' compensation required for all farms who have employees; farm laborers supplied by a farm labor contractor generally deemed employees of the farmer; the spouse and minor children under 18 of a farmer not counted as employees unless under an express contract of hire; read October 27, 2026
- Workers' Compensation Insurance and Farm Labor Contractors, fact sheet 11-24 (NY WCB and Department of Agriculture and Markets) — WCL §2: laborers recruited or supplied by an FLC are employees of the owner or lessee of the farm; FLCs cover drivers, administrative staff and other non-farm-laborers; FLCs can ask farmers to add them as certificate holders; DBL and PFL in place four weeks after an employee's 30th day of employment in a calendar year; read October 27, 2026
- Farm Laborers Fair Labor Practices Act (NY Department of Labor) — effective January 1, 2020: workers' compensation for farm employees regardless of annual payroll, notice posted in English and Spanish; disability and Paid Family Leave coverage for eligible farm laborers with PFL opt-out waivers; unemployment insurance for farm employers, H-2A workers excluded; read October 27, 2026
- Disability and Paid Family Leave coverage requirements (NY WCB) — required once an employer has one or more employees on each of at least 30 days in a calendar year; some part-time or seasonal employees may qualify for a PFL waiver; read October 27, 2026
- About agricultural and farm vehicles (NY DMV) — agricultural class trucks, tractors and trailers limited to hauling the farmer's own commodities or supplies, personal use and incidental lumbering, and must keep New York auto liability coverage; farm plates limited to the most direct route, not more than 25 miles one way, between parts of a farm or to a landfill, repair shop or point of sale, and insurance is required; fees not quoted; read October 27, 2026
- Greenfield Farmers Market Vendor Application 2025 (Town of Greenfield) — signed hold harmless agreement enclosed with the application; vendor waives claims against the Town and agrees to indemnify it for injury or damage to any third party resulting in whole or in part from the vendor's use of or presence at the premises; vendors responsible for complying with local, state and federal rules for their products; fees not quoted; read October 27, 2026
- Greenfield Businesses (Town of Greenfield) — Farm and farm goods category: farms selling produce, flowers and maple products, u-pick, and food makers; read October 27, 2026
- About the Town of Greenwich — paper mills and farming became the backbone of the economy; agri-businesses among the Town's businesses; read October 27, 2026
- Forms (Town of Marlborough) — a Minor Site Plan Application must be used for Short Term Rentals, Home Occupations, Farm Venue Events and Bed and Breakfasts; read October 27, 2026
- Town of Duanesburg Comprehensive Plan, last revised April 8, 2021 — an agritourism law that resulted in the construction of a meadery and a brewery; the Town supports agritourism business development; read October 27, 2026
- Economic Development (Ulster County) — Agricultural Services: the County describes agriculture, from produce to cannabis, as one of its main industries; Farm Viability and Sustainability Grant Program; read October 27, 2026
Common questions
Short answers to what people ask before they call.
Still have a question? Call (518) 902-8822 or book a call.
Does New York have an agritourism liability law?
Yes. The Safety in Agricultural Tourism Act, General Obligations Law §§18-301 to 18-303, covers activities a farmer runs on the farm for the public's enjoyment or education, such as farm and winery tours, u-pick Christmas trees, maple production, equine activities and outdoor recreation. An owner or operator is not liable for a visitor's injury or death only if they have met every duty in §18-303(1): wayfinding signs for the areas open to the public, trained staff, a Warning to Visitors sign about the inherent risks at every point of sale or ticket distribution, notice of the visitor's own responsibilities, reasonable care against foreseeable risks, and a posted right to a refund for anyone who won't accept the risks. Agriculture and Markets warns that generic signs, or signs written for other states' laws, may not satisfy New York's. Miss a step and the protection can go, which is why the liability policy still matters.
My farm payroll is small. Do I still need workers' compensation?
Yes. The Workers' Compensation Board says workers' compensation is required for all farms that have employees, and the Department of Labor's summary of the Farm Laborers Fair Labor Practices Act says that since January 1, 2020 farm employers must cover their workers regardless of annual payroll. The same law requires disability and Paid Family Leave coverage for eligible farm laborers, with PFL opt-out waivers offered to those who qualify, and you post the workers' compensation notice in English and Spanish.
Do my spouse and children count as employees?
Not for workers' compensation, as long as they aren't working under an express contract of hire. The Workers' Compensation Board says the spouse and minor children, under 18, of a farmer are not counted as employees. Adult children and other relatives are a different question, so tell me who works on the farm and how they're paid.
A farm labor contractor supplies my crew. Who covers them?
You do. The Workers' Compensation Board's fact sheet says farm laborers recruited or supplied by a farm labor contractor are treated as employees of the owner or lessee of the farm, so the farm's policy covers them. The contractor still needs its own coverage for drivers, office staff and anyone else who isn't a farm laborer. The Board suggests contractors ask the farmer to add them as a certificate holder on the farm's workers' compensation policy; the carrier issues that form, and once the policy is in force I request it for you.
Is my farm truck covered by a personal auto policy?
Tell the carrier exactly how the truck is registered and used. The DMV requires New York auto liability insurance on vehicles with agricultural plates, which are limited to hauling your own farm or dairy goods and supplies, personal use and lumbering incidental to the farm, and on farm-plated vehicles, which may only use public highways by the most direct route for up to 25 miles one way between parts of the farm or to places like a repair shop or the point of sale. If the truck carries visitors, pulls a wagon or delivers to stores, say so, so the policy is written for that use.
I sell at a town farmers market. What am I agreeing to?
Read the vendor form. The Town of Greenfield's market application, for example, has vendors waive claims against the Town and agree to indemnify and hold it harmless for injury or damage to third parties resulting in whole or in part from the vendor's use of or presence at the market, and it makes vendors responsible for the regulations that apply to their products. A general liability policy with products cover and contractual liability is what answers that promise; ask the market whether it wants a certificate naming it.
Get a quote for your business
Tell me what you do, where, and roughly what payroll looks like. Quotes come from the private carriers I represent, usually within days.
Where I work
I'm based in Clifton Park and work in person across six counties, the four on the map plus Warren and Washington, or by phone.
Close to the Clifton Park office: Clifton Knolls, Country Knolls, Rexford, Vischer Ferry, Jonesville, Groom's Corners and Halfmoon across Route 9 — I'll come to you at home.
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