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Ohio · U-pick and orchards

U-pick and orchards in Ohio: agritourism liability protection

Scope: agritourism liability protection under the cited source. This is not a complete guide to opening or operating this activity. Local requirements have not been researched.

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What the cited source says

The definition expressly includes you-pick operations.

Human content review

There is no attorney or subject-matter expert review recorded for this guide. The person responsible for this guide, its completed human content-review date, and its next review due date are not recorded.

Source retrieval dates identify the saved copies; they are not human content-review dates or publication approval. Check the current official text and the guide’s scope before relying on it. How to assess a guide.

Official sources

Ohio Revised Code § 901.80 — Immunity from liability for agritourism providers

Ohio Revised Code § 901.80

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Retrieved August 13, 2026

Ohio official source · Local rules not included

Important conditions

  • A qualifying farm and agritourism activity, farm acreage or income, exact activity facts, produce safety, parking, worker safety, accessibility, and local land-use requirements.

Relevant provisions

DefinitionThe section defines agritourism as an agriculturally related educational, entertainment, historical, cultural, or recreational activity—including you-pick operations or farm markets—conducted on a qualifying farm that invites the public. Ohio Rev. Code § 901.80(A)(2)-(4)
Inherent risksThe listed risks include land conditions, specified wild and domestic animal behavior, ordinary farm structures or equipment, illness from animal contact or contamination, and participant negligence. § 901.80(A)(6)
Liability ruleThe section states that an agritourism provider is immune for harm resulting from a risk inherent in an agritourism activity. § 901.80(B)
ExceptionsThe section lists willful or wanton disregard, purposeful harm, criminal conduct, failure to post required signs, and certain undisclosed dangerous conditions. § 901.80(C)
Warning signThe provider must post and maintain the statutory warning at or near each entrance or at each activity site, in black letters at least one inch high. § 901.80(D)

What this source does not answer

  • The source does not determine whether a particular parcel meets the statutory farm definition.
  • It does not resolve local zoning, buildings, fire, food, alcohol, accessibility, traffic, permits, insurance, or separate activity statutes.
  • No judicial decisions or fact-specific eligibility were reviewed.

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What to check next

  • Produce-safety requirements
  • Parking and traffic access
  • Accessibility and warning signs
  • Local land-use rules

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