Massachusetts General Laws
Chapter 128 - Agriculture
Section 2e - Agricultural Harvesting or ''pick-Your-Own'' Farming Operations; Liability of Owners or Operators

Section 2E. No owner, operator, or employee of a farm who allows any person to enter said farm for the purpose of agricultural harvesting, including the cutting of Christmas trees under a so-called ''pick-your-own'' agreement shall be liable for injuries or death to persons, or damage to property, resulting from the conduct of such operation in the absence of wilful, wanton, or reckless conduct on the part of said owner, operator, or employee.
Said owner or operator of said farm shall post and maintain signs which contain the warning notice specified herein. Such signs shall be placed in a location visible to persons allowed to enter said farm for the purpose of agricultural harvesting. The warning notice shall appear on a sign in black letters, with each letter to be a minimum of one inch in height and shall contain the following notice:
WARNING
Under section 2E of chapter 128 of the General Laws the owner, operator, or any employees of this farm, shall not be liable for injury or death of persons, or damage to property, resulting out of the conduct of this ''pick-your-own'' harvesting activity in the absence of wilful, wanton, or reckless conduct.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XIX - Agriculture and Conservation

Chapter 128 - Agriculture

Section 1 - Definitions

Section 1a - Farming, Agriculture, Farmer; Definitions

Section 2 - Powers and Duties of the Department

Section 2a - Horse Riding Instructors; Licenses; Fees; Validity of License; Duplicate Licenses; Rules and Regulations

Section 2b - Riding Schools or Stables; License; Fee; Rules and Regulations; Penalties

Section 2c - Horses Participating in Contests at Agricultural Fairs; Administering of Drugs Prohibited; Testing, Prima Facie Evidence; Eligibility Restricted; Rules and Regulations

Section 2d - Liability of Persons Involved in Equine Activities

Section 2e - Agricultural Harvesting or ''pick-Your-Own'' Farming Operations; Liability of Owners or Operators

Section 3 - Collection and Circulation of Information Regarding Development of Agricultural Resources

Section 4 - Trust Funds, Gifts or Bequests

Section 5 - Annual Report

Section 6 - Lectures and Publications

Section 7 - Posters Containing Extracts of Laws; Preparation and Distribution

Section 7a - Definitions

Section 7b - Use of Public Lands; Application; Indemnification

Section 7c - Priority in Allotment of Public Lands

Section 7d - Bureau Contracts for Use of Public Lands

Section 7e - Making Land Available to Bureau

Section 7f - Adoption of Rules and Regulations

Section 8a - Destruction or Control of Foxes and Rodents; Investigations; Cooperative Arrangements With United States

Section 8b - Supervision of Mink Ranches; Listing; Fee; Certificate; Penalty

Section 9 - Establishment of Demonstration Sheep Farms

Section 10 - Maintenance of Flock of Sheep on Demonstration Farm

Section 11 - Compensation From Commonwealth for Use of Farm as a Demonstration Sheep Farm

Section 12 - Powers and Duties of Division of Regulatory Services

Section 13 - Report of Unsanitary Condition

Section 13a - Reimbursement Following Dealer's Milk Payment Default

Section 13b - Dealer Payments Into Milk Producers Security Fund

Section 14 - Access by Department to Places or Vehicles Used in Manufacture, Storage or Sale of Dairy Products; Enforcement of Laws; Hindrance of Officer

Section 15 - Duties of Employees of Department

Section 16 - Entry Upon Public or Private Grounds for Purposes of Abating Serious Plant Diseases; Contracts

Section 17 - Inspection of Nurseries; Certificate; Suppression of Pests

Section 18 - Licensing of Nursery Agents; Application; Revocation

Section 19 - Sale of Nursery Stock; Grower's Certificate

Section 20 - Importation of Nursery Stock; Certificate of Inspection

Section 20a - Spread or Growth of Plants of Water Chestnut ≪i>(trapa Natans)

Section 21 - Inspection of Nursery Stock, Fruits and Plants at Points of Destination; Destruction; Notice to Director

Section 23 - Compensation for Destruction of Cultivated Berry-Bearing Shrubbery; Notice; Investigation; Arbitration; Award; Certification

Section 24 - Inspection of Orchards, Etc. for Noxious Weeds, Insect Pests or Plant Diseases; Notice to Landowners, Et al.; Abatement; Cost of Treatment

Section 25 - Appeal From Proposed Action

Section 26 - Proceedings After Appeal; Notice

Section 27 - Prohibition on Delivery Within the Commonwealth of Infested Nursery Stock, Fruit and Plants

Section 28 - Exemption of Gypsy and Brown Tail Moths

Section 29 - Penalties for Violation of Secs. 16 to 27

Section 30 - Prosecutions

Section 31 - European Corn Borer Infestation; Hearing; Order; Publication

Section 31a - Disposition of Corn Stubble; Destruction; Postponement

Section 32 - Inspection and Control of Bees; Chief Apiary Inspector; Duties; Preparation and Distribution of Literature on Bee Culture

Section 33 - Maintenance of Colony of Honey Bees in Hives in Which Brood Combs Are Fastened to Container; Diseased Bees

Section 34 - Instructions as to Treatment of Diseased and Miskept Colonies; Destruction

Section 35 - Transportation of Bees and Bee Equipment; Certificate; Inspection; Fees

Section 36 - Access by Inspector to Places Where Bees, Bee Supplies, Appliances or Equipment Are Kept; Inspection Cards

Section 36a - Records of Number and Locations of Colonies; Reports

Section 36b - Labeling and Sale of Honey; Restrictions

Section 36c - Maple Syrup and Maple Syrup Food Products; Labelling

Section 38 - Penalties for Violation of Secs. 33, 35, 36b and 36c

Section 38a - Establishment and Holding of Fairs

Section 38b - Massachusetts State Exposition Building Maintenance Fund

Section 38c - Agricultural Fairs; Facilities and Land Resources; Preservation and Rehabilitation

Section 40 - Trustees for County Cooperative Extension Service; Accounts; Director of Accounts; Annual Report

Section 41 - Selection of Directors; Terms

Section 42 - Receipt of Grants; Expenditure of Money; Power of Trustees

Section 43 - Instructors in Agriculture, Homemaking and Country Life

Section 44 - Preparation of Annual Budget

Section 44a - Suffolk County Annual Budget and Report; Tax Assessment

Section 45 - Acquisition of Land by Towns for Demonstration Work in Agriculture and Homemaking

Section 46 - Agricultural or Horticultural Societies; Exhibitions; Assignment of Police to Preserve Peace

Section 47 - Receipt of Department Reports by Farmers' Clubs; Annual Returns; Reports

Section 48 - Regulations for Preservation of Peace at Meetings or Exhibitions; Posting

Section 49 - Vendors, Gaming Activities, Shows or Plays Near Cattle Show, Fair or Exhibition; Gaming

Section 50 - Penalty for Violations of Sec. 49 or Regulations Established Under Sec. 48

Section 51 - Definitions Applicable to Secs. 52 to 63

Section 52 - Commercial Feed; Registration; Application; Changes in Guarantees; Hearing; Fee

Section 53 - Labels Affixed to Commercial Feed Containers or Accompanying Delivery in Bulk; Form and Content

Section 54 - Adulterated Feed, Defined

Section 55 - Restrictions on Distribution of Feed

Section 56 - Prohibited Acts or Omissions

Section 57 - Enforcement of Secs. 52 to 60; Prosecution of Violations; Hearing; Notice

Section 58 - Inspection of Commercial Feed Facilities and Vehicles; Warrant; Obtaining of Official Samples for Analysis and Forwarding of Results

Section 59 - Methods for Collection and Delivery of Samples for Analysis

Section 60 - Withdrawal of Commercial Feed From Sale; Release; Condemnation Proceedings; Seizure; Disposition

Section 61 - Penalties; Certified Copy of Official Analysis as Prima Facie Evidence

Section 62 - Publication of Pertinent Information and Data Concerning Commercial Feed; Results of Analysis; Confidential Status

Section 63 - Rules and Regulations Relative to Sale of Commercial Feed

Section 64 - Definitions Applicable to Secs. 65 to 83

Section 65 - Plant Nutrients or Beneficial Substances; Guarantees; Sources; Inspection and Analysis

Section 65a - Limitation on the Purchase and Application of Phosphorus Containing Fertilizer; Additional Regulations for the Limitation of Non-Point Source Pollution From Plant Nutrients

Section 66 - Licenses to Distribute Fertilizers; Registration of Specialty Fertilizers; Applications; Labels; Fees

Section 67 - Labeling of Containers of Commercial Fertilizers, Soil Conditioners and Agricultural Liming Materials; Contents

Section 68 - Registration and Inspection Fees for Commercial Fertilizers, Soil Conditioners and Agricultural Liming Materials

Section 69 - Statement of Tonnage Sold; Inspection Fee; Filing; Permit to Examine Books

Section 70 - Analysis of Fertilizers; Inspection and Taking of Samples; Publication of Results

Section 71 - Analysis Deficiencies; Penalties

Section 72 - Weight Deficiencies; Penalty

Section 73 - Determination and Publication of Values per Unit of Certain Nutrients in Fertilizers

Section 74 - False or Misleading Labeling of Commercial Fertilizers, Soil Conditioners and Agricultural Liming Materials; Deleterious or Harmful Ingredients

Section 75 - Rules and Regulations; Effectiveness; Violations; Prosecution, Restriction

Section 76 - Misleading or Deceptive Practices; Violations; Refusal or Cancellation of Certificate

Section 77 - Analysis of Samples

Section 78 - Nonconforming Products; Violations; Withholding From Sale; Release; Condemnation; Seizure; Disposal

Section 79 - Violations; Penalties; Official Analysis as Prima Facie Evidence

Section 80 - Publication of Information Concerning Fertilizers, Soil Conditioners and Agricultural Liming Materials

Section 81 - Minor Violations; Reporting

Section 82 - Rules and Regulations Relative to the Sale of Commercial Fertilizers, Soil Conditioners and Agricultural Liming Materials

Section 83 - Exempt Transactions

Section 84 - Definitions Applicable to Secs. 84 to 101

Section 85 - Sale of Seeds; Labeling or Tagging Containers; Required Information

Section 86 - Sale of Seeds; Labeling or Tagging Containers; Variety or Cultivar Designation

Section 87 - Vegetable Seeds; Labeling or Tagging Containers; Required Information

Section 88 - Flower Seeds; Labeling Containers; Required Information

Section 89 - Tree and Shrub Seeds; Labeling Containers; Required Information

Section 90 - Sale of Seeds; Percentage of Germination; Labeling; False Advertisements; Noxious Weed Seeds

Section 91 - Defacing or Destroying Labels; False Advertising; Prohibited Sales

Section 92 - Application of Secs. 85 to 91

Section 93 - Exemption From Penalty of Sec. 100; Limitations

Section 94 - Enforcement; Prosecutions

Section 95 - Access for Inspection; Taking Samples for Tests and Analyses; Cooperation With United States Department of Agriculture; Withholding Seeds From Sale

Section 96 - Seizure and Condemnation; Court Proceedings

Section 97 - Tests and Analyses; Reports; Publication of Results

Section 98 - Seed Germination Standards; Enforcement

Section 99 - Purity and Germination Tests; Fees; Disposition

Section 100 - Penalty

Section 101 - Sale of Seed Potatoes Restricted; Waiver; Penalty

Section 102 - Marketing and Promotion of Apples; Purpose and Policy

Section 103 - Definitions Applicable to Secs. 102 to 115

Section 104 - Marketing Agreements; Approval

Section 105 - Marketing Orders; Issuance; Notice and Hearing; Amendment or Termination of Orders

Section 106 - Budgets for Marketing Orders or Agreements; Cooperation With Other States and Federal Government

Section 107 - Collection of Assessments

Section 108 - Marketing Agreements or Orders; Provisions

Section 109 - Temporary Suspension of Marketing Orders or Agreements; Notice and Hearing

Section 110 - Economic Factors

Section 111 - Effect of Marketing Agreements or Marketing Orders; Execution or Issuance of One Without Other; Concurrent Hearings

Section 112 - Issuance, Amendment or Termination of Marketing Orders; Deposit to Defray Expenses; Reimbursement

Section 113 - Assessments Held in Trust; Disbursements; Refunds; Reports

Section 114 - Advisory Board Established With Marketing Order; Membership; Expenses; Duties

Section 115 - Rules and Regulations; Promulgation; Actions to Enforce Compliance; Injunctions; Costs

Section 116 - Definitions Applicable to Secs. 117 to 123

Section 117 - Industrial Hemp; Regulation; Acquisition of Seed

Section 118 - Purposes for Which Industrial Hemp May Be Planted, Grown, Harvested, Possessed, Processed or Sold; Registration and Licensure

Section 119 - Annual License; Grounds for Denial of Application

Section 120 - Suspension, Revocation or Refusal to Renew License

Section 121 - Rulemaking Authority

Section 122 - Inspection and Testing Program

Section 123 - Fines; Appeals

Section 124 - Enforcement of Federal Standards Related to Growing, Harvesting, Packing and Holding of Produce for Human Consumption