Right to Repair

What’s the Problem?

Consumers want the ability to repair their own products, whether it be digital, medical, or agricultural equipment. Many manufacturers of those products have made instructions, diagnostics, and repair tools proprietary so that consumers can only go to the original equipment manufacturer or its authorized dealerships and technicians for replacement parts and repair services.

With the transition to software required to operate most farm machinery, and the market share held by several large manufacturers, equipment owners are locked out of repairing the equipment necessary for their livelihoods.

Farmers, ranchers, independent service technicians, and aftermarket repair shops are seeking to have access to the manufacturers’ proprietary materials so they can fix their own equipment – many times in the field outside of normal business hours. Forcing farmers and ranchers to hire authorized dealership technicians to diagnose and repair agricultural equipment increases the cost to fix them.

Federal Executive Order

On July 9, 2021, President Joe Biden signed the Executive Order on Promoting Competition in the American Economy that, in part, recommends the Federal Trade Commission (FTC) make it easier and less expensive for consumers to repair items they own, including agricultural products. The Executive Order recommends the FTC limit manufacturers’ ability to ban self-repairs or third-party repairs of their products. The Executive Order also requested the U.S. Department of Agriculture propose new rules with the intent to increase industry competition by examining intellectual property rights and possibly giving farmers and ranchers the right to repair their equipment.

Federal Legislation

There have been several bills filed in Congress to aid in widespread federal legislation on the right to repair. On September 20, 2023, the “Agricultural Right to Repair Act” was introduced in the U.S. House of Representatives. The bill would require original equipment manufacturers to make available certain documentation, parts, software, and tools with respect to electronics-enabled agricultural implements. In the previous term, a very similar bill was introduced but not worked.

State Legislation

Numerous states have seen legislation introduced to allow consumers the right to
repair their own products, whether it be specific, like wheelchairs, or broad, like agricultural equipment.

During the 2023 Session, 33 states and Puerto considered legislation relating to the right to repair. Four states enacted legislation during the 2023 session: California, Colorado, New York, and Minnesota. Colorado’s legislation was specifically tailored to the agriculture sector.