It’s the season of pumpkin patches, haunted mazes and Halloween hayrides on farms across Minnesota, a bucolic tradition for generations of families but one that is subject to very few safety regulations either in the state or across the country.
Little oversight in Minnesota for haunted hayrides, other Halloween crowd-pleasers
Halloween or autumn-themed activities on farms, like the hayride in St. Augusta, Minn., where a 13-year-old boy was injured and died earlier this month, are subject to little oversight.
The Minnesota Star Tribune
October 22, 2024 at 3:57PM
That became apparent following an accident at a hayride earlier this month that left a 13-year-old boy dead. According to the Stearns County Sheriff’s Office, Alexander “Xander” Steven Mick was run over by a wagon pulled by a tractor at the Harvest of Horror Haunted Hayride in St. Augusta. The incident occurred on the evening of Oct. 12.
Regulations of these types of businesses vary greatly based on location and business model, with often minimal oversight, said Rusty Rumley, senior staff attorney at the National Agricultural Law Center. For example, a pick-your-own-pumpkin patch would have very few regulations, but a wedding barn venue where food is served would be subject to far more, he said.
“For a lot of things like the hayrides and stuff like that, it really doesn’t fall in anybody’s jurisdiction,” Rumley said.
With few rules, farm operators turned “agritourism” entrepreneurs often have to establish their own safety measures as they welcome hordes of families — many with small children — to their properties and allow them to interact with large farm equipment and animals.
Minnesota law grants “agritourism” businesses immunity from liability due to the inherent risks present in environments with farm animals and machinery. Exceptions to the law include negligence or willful or wanton disregard for safety, knowledge of dangerous conditions on the land and intentional injuries. The Stearns County Sheriff’s Office confirmed it is investigating the death and in a Tuesday release said it was accidental and not believed to be criminal.
“It’s still an open investigation,” Chief Deputy Dan Miller said. There is no county licensing requirement for hayrides, he said.
While some “agritourism” operations will inspect their farm vehicles, there is no legal requirement to do so. Other types of rides, like at amusement parks, are subject to inspection by the Minnesota Department of Labor and Industry.
St. Augusta is an incorporated city just south of St. Cloud. But Stearns County Administrator Michael Williams said he has never seen any sort of inspection report on his desk from a seasonal farm business in 40 years on the job.
“These businesses, we wouldn’t know that they are in existence, really,” Williams said.
Calls left with the Harvest of Horror Hayride owners Jason and Tracy Stock were not returned.
“We are cooperating fully with the authorities and are grateful for their support,” according to a statement on the Harvest of Horror’s website. “We are deeply shaken by this event and are asking for thoughts, prayers and support for the family and friends of the individual involved and all those affected by this tragedy.”
The Stocks canceled the remainder of the Harvest of Horror season. The incident prompted at least one other local business to change its protocol. Cory Pearson, owner of Pearson Family Farm in nearby Clear Lake, said she decided to stop offering nighttime hayrides after learning of the boy’s death.
“We just thought, ‘You know what, I think everyone would be more comfortable at this point and it’s not worth it,’” said Pearson, whose farm still offers daytime hayrides.
Pearson said she employs adult spotters on the ground while a hayride is happening. She also requires at least two adult family members to be on the tractor ride. Discontinuing the nighttime hayride option should help ensure the tractor does not cross any paths where someone could be walking, she said.
“You try to keep safety in mind always,” Pearson said.
Several Minnesota fall hayride business owners say Xander’s tragic death emphasized the importance of maintaining their own safety measures.
“This industry never likes to see anything like that happen,” said Matt Dunn, owner of the Abandoned Hayride in Chaska. “Safety — that’s the business you’re in, is safety. It’s not Halloween. It’s safety.”
There has been a steady increase in the revenue farms have generated from tourism in recent years. The 2022 Census of Agriculture showed a rise in the income generated from “agritourism” and recreational services, jumping from $949 million in 2017 to almost $1.26 billion in 2022. In Minnesota, “agritourism” stood at $13.6 million in sales from 509 farms reporting income from hosting tours and on-farm activities across the state. Experts estimate sales are even higher, with smaller, non-traditional farms unlikely to be on the radar of the National Agricultural Statistics Service.
While the industry has grown, many states don’t regulate hayrides. Last year, Pennsylvania began prescribing safety standards and inspection procedures for hayrides. Operators there are required to inspect rides daily, show that their tow vehicle is adequately sized and have clear loading and unloading areas identified for passengers among other requirements.
For every type of activity farmers develop, they need to think through how risks are going to be managed, said Ryan Pesch, an extension educator in agricultural business management at the University of Minnesota.
Though the Minnesota Department of Agriculture doesn’t regulate activities such as hayrides or tractor rides, the department recently sent information to farmers about hayride best practices, Agriculture Commissioner Thom Petersen said.
Petersen suggests farmers make sure their insurance agent knows the business well and is comfortable underwriting it. There are gray areas, he said, and the Agriculture Department intends to consider how to interact with “agritourism” as it grows. Still, Petersen added, the growing popularity of farms as visitor destinations adds value for owners and gives thousands of Minnesotans a better look at one of the state’s signature economic sectors.
“Accidents will happen, but farmers do take care and try to take all the precautions they can,” Petersen said.
Dave Bentrud, a friend of the Mick family and a retired Waite Park, Minn., police chief, said the boy was volunteering to help raise funds for a choir event when the accident happened. Xander, who was in eighth grade at Sauk Rapids-Rice Middle School, was wearing a costume as part of the haunted hayride display, Bentrud said.
Xander was “part of a group whose job was to frighten riders being pulled through the cornfield area,” the Sheriff’s Office said in a Tuesday release. The statement said “no one” observed how the accident happened.
Brad Bergstrom, superintendent for the Sauk Rapids-Rice school district, said “Xander was a young man who was full of life.” The loss has been challenging to the school’s staff and students, he said. Services for Xander were held Monday.
Bentrud, who has been helping Xander’s family deal with media inquiries, said he doesn’t know if the family will take any legal action.
”Xander was a great kid, and that’s what the family wanted to focus on,” Bentrud said.
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