The discussion about a consumer’s right to repair ag equipment has been going on for years, and progress is being made.

Back in 2020, Ross Pifer, director of the Center for Agricultural & Shale Law and clinical professor at Penn State Law, introduced the topic of the right to repair during a National Ag Law Center webinar. Recently, the National Ag Law Center brought Pifer back to continue the conversation. While preparing for the new session, Pifer was shocked to see “how much the landscape has changed in the last four years.

By enacting a right to repair ag equipment, equipment owners would not be required to use their manufacturer for repair services. Instead, owners would be allowed to hire whoever they’d like to repair their equipment, or even repair it themselves. The manufacturers would be required to provide the necessary materials and software for the repairs to be done.

There has been much debate over who should regulate this legislation: the states, the federal government or even through voluntary agreements.

The National Conference of State Legislatures reported that 33 states considered right to repair legislation in 2023, with 15 considering bills focusing on, or including, agriculture. In 2023, the Colorado Consumer Right to Repair Agricultural Equipment Act was introduced, and it came into effect on Jan. 1, 2024. This act only grants consumers the right to repair any equipment made specifically for farm use, not vehicles for human travel or irrigation equipment.

Equipment manufacturers are required to provide any documentation, tools and software needed for proper repairs in Colorado, and are not responsible for any damage done by the repair provider if the information is used incorrectly.

The right to repair ag equipment

Federal legislation has been considered to keep consistency across state lines. The Agricultural Right to Repair Act was introduced to the Senate in February 2022 and is still being debated. If federal legislation regarding ag equipment was enacted, all state legislations would be repealed.

In 2021, the Federal Trade Commission told manufacturers to stop using warranty practices that harm a consumer’s right to repair. Some warranties were being terminated if the consumer wasn’t using the manufacturer’s approved vendors.

Another system for regulating a consumer’s right to repair is through a Memorandum of Understanding (MOU). The goal of a MOU is to “keep this issue at a voluntary compliance” instead of making it a legislative requirement. Pifer pointed out that currently, “75% to 80% of the U.S. market has signed MOUs with the Farm Bureau.”

Providing consumers with the right to repair ag equipment is a discussion occurring both inside and outside of the U.S. “Without legislation, there is no requirement for manufacturers to provide [information or tools to repair],” Pifer stated.

It’s not a question of if consumers should be given the right, it’s how it should be enforced. If enforced at the state level, more states will need to get involved and more products will need to be covered. If enforced through MOUs, how can we ensure that manufacturers provide the right information? Is there recourse or punishment for not following through with the agreement?

Pifer noted that “as more bills are enacted in more states, that may cause a rise in pressure for there to be some action in Congress.”

There is yet to be a decision on how to enforce this right, but it’s clear that consumers are interested.

by Kelsi Devolve