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Pennsylvania · Food and alcohol sales

Food and alcohol sales in Pennsylvania

Section 3(c) expressly removes injury or damages arising from food and beverage services from the Act's immunity.

Source checked August 13, 2026Pennsylvania state lawLocal rules not included
What the cited source says

Section 3(c) expressly removes injury or damages arising from food and beverage services from the Act's immunity.

Important conditions

  • Farm-product sales outside that service category and all food, alcohol, processing, labeling, tax, and local requirements.

Relevant provisions

DefinitionAn agritourism activity is a farm-related tourism or entertainment activity on agricultural land that lets the public tour, explore, observe, learn about, participate in, or be entertained by agricultural production, harvesting, husbandry, or rural lifestyle. Act 27 § 2
Two conditionsThe limited-liability provision requires both a warning sign posted under section 4 and a written agreement under section 5 for the activity from which injury or damages occurred. § 3(a)
ExceptionsThe Act lists gross negligence, purposeful injury, criminal conduct, and reckless failure to warn or guard against a dangerous condition. § 3(b)
Express exclusionsThe Act says its immunity does not apply to injury or damages arising from overnight accommodation, a wedding, a concert, or food and beverage services. § 3(c)
Sign and agreementThe warning sign must be at least three feet by two feet. The agreement has timing, signer, document, type-size, and exact-language criteria; it addresses a parent or guardian signing for a minor or care-dependent person. §§ 4-5

What this source does not answer

  • The Act does not decide whether a particular activity or parcel meets its definitions.
  • The express exclusions are exclusions from this Act's immunity, not a prohibition on offering those services.
  • Local ordinances, other statutes, judicial decisions, and agreement enforceability were not reviewed.

What to check next

  • State and local food-establishment rules
  • Cottage-food rules
  • Alcohol licensing
  • Sampling and tasting rules
  • Labeling and sales tax
  • Temporary-event permits
  • Local zoning and fire requirements

Official source

Act of June 30, 2021, P.L. 167, No. 27 — Agritourism Activity Protection Act

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Checked August 13, 2026

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