The FARM Act mandates that Original Equipment Manufacturers provide owners and independent repair providers with fair and reasonable access to necessary documentation, parts, software, and tools for diagnosing, maintaining, and repairing farm equipment.
Peter Welch
Senator
VT
The FARM Act ensures that owners and independent repair providers have fair and reasonable access to the necessary documentation, parts, software, and tools required to diagnose, maintain, and repair farm equipment. This legislation mandates that Original Equipment Manufacturers (OEMs) provide this access, including necessary data, while explicitly protecting OEM trade secrets. Violations of these requirements will be enforced by the Federal Trade Commission and subject OEMs to specific civil penalties.
When a $500,000 combine breaks down in the middle of harvest season, the clock is ticking. Every hour of downtime costs thousands. Currently, many farmers are forced to wait for an authorized dealer to show up because the Original Equipment Manufacturer (OEM) locks down the diagnostic software, parts, and manuals. The Freedom for Agricultural Repair and Maintenance Act (FARM Act) is designed to change this by mandating that OEMs provide the necessary documentation, parts, software, and tools needed to diagnose and repair farm equipment to any owner or independent repair provider under “fair and reasonable terms.” This bill is essentially the "Right to Repair" for everything from tractors to sprayers, aiming to put the power and speed of repair back into the hands of the people who own the machinery and the local shops that service it.
For years, the biggest sticking point in farm equipment repair hasn't been a rusty bolt—it's been the software. Modern farm equipment is a computer on wheels, and manufacturers often use digital locks (called Technological Protection Measures) to prevent unauthorized access to the diagnostic tools and firmware. The FARM Act tackles this head-on by creating a specific exception to federal copyright law (Title 17 U.S. Code) that allows owners and independent providers to legally bypass these digital locks for the sole purpose of diagnosis, maintenance, upgrading, or repair. This is huge. It means that if a farmer needs to use a third-party tool to pair a new part or run a diagnostic test, the OEM can’t sue them for copyright infringement. The bill also requires that OEMs share the actual Farm Equipment Data generated by the owner’s machine, giving owners full visibility into their equipment's performance, rather than just the manufacturer.
The devil is always in the details, and in this case, the detail is the definition of “Fair and Reasonable Terms.” The bill defines this carefully to prevent manufacturers from simply complying by creating new roadblocks. For instance, when providing parts, the terms must not require the owner or independent provider to register the part, pair it with the manufacturer, or pay extra costs intended to impede the repair. Similarly, for tools (which includes software for programming and calibration), the cost to an independent provider must equal the lowest actual cost the OEM offers to its own authorized dealers. For equipment owners, the digital tools must be provided free of charge. This provision aims to stop the OEMs from complying on paper while charging prohibitive fees or adding unnecessary bureaucratic steps.
The Federal Trade Commission (FTC) is tasked with enforcing the FARM Act. This is where the teeth come in. If an OEM violates the requirements—say, by suddenly stopping the supply of essential documentation or tools—they face civil penalties that stack up daily. A first violation starts at $1,000 per day and escalates quickly to $5,000 per day for third and subsequent violations. For a massive manufacturer, these daily penalties could become a significant financial headache, creating a strong incentive to comply. This is a clear signal that the FTC isn't just sending a warning letter; they're ready to hit the non-compliant where it hurts.
While the FARM Act is a massive win for repair access, it includes necessary limitations to protect public safety and intellectual property. The bill explicitly states that OEMs are not required to share trade secrets unless that secret is absolutely necessary to provide the required repair access. Furthermore, the bill does not allow any modification that would permanently disable safety systems (like warnings) or violate emissions laws. Farmers and independent shops get the tools to fix the machine, but they don't get a free pass to tamper with environmental or safety compliance. This balance attempts to deliver the right to repair without compromising the integrity of the equipment or violating existing regulations.