Blog By: Will Miller

Kentucky needs to enact legislation that secures farmers the right to fix their own equipment and machinery. This legislation, commonly referred to as “right-to-repair,” aims to empower consumers by providing them with the necessary resources and information to either make their own repairs or seek assistance from service providers at a lower cost than what manufacturers typically charge.[i]

Last year marked a significant milestone in the right-to-repair movement, particularly regarding farming and agricultural equipment. On April 25, 2023, Colorado became the first state to enact legislation requiring farming equipment manufacturers to provide parts, software, tools, and various types of documentation to independent service providers and equipment owners, such as farmers.[ii] A manufacturer who fails to comply with this law, which came into effect on January 1, 2024, is declared to be engaging in deceptive trade practices.[iii] This victory for the right-to-repair movement could not have come at a more critical time, as a survey conducted by U.S. Public Interest Research Group (“PIRG”) Education Fund and the National Farmers Union revealed that farmers are experiencing an average annual loss of $3,348 due to repair downtime and restrictions imposed by equipment manufacturers.[iv]

The Kentucky legislature has never proposed a bill addressing a farmer’s right to repair,[v] which is unacceptable, considering the state’s agricultural industry contributes $45.6 billion to the state’s economy each year.[vi] Additionally, Kentucky is composed of 12.8 million acres of farmland, which is over half of the entire acreage of the state.[vii] If uncertainty about what to include in such legislation is a factor, Colorado’s statute can be a starting point. Colorado’s Consumer Repair Bill of Rights Act covers various agricultural equipment such as a “tractor, trailer, combine, sprayer, tillage implement, baler, and other equipment used to plant, cultivate, or harvest agricultural products or to ranch,” along with attachments and repair parts for these, as well as for aircraft used in agricultural operation and equipment used for irrigation purposes.[viii]

The Colorado statute requires original equipment manufacturers to provide equitable terms in the initial sale to owners, including farmers or independent repair providers, concerning “access to or receipt of any part pertaining to agricultural equipment.”[ix] Manufacturers are prohibited from discouraging or disincentivizing independent repair providers and owners from repairing purchased equipment through contract terms.[x] Any provision attempting to waive, avoid, or restrict a manufacturer’s obligation under the statute is rendered void and unenforceable.[xi] The statute describes a fair term as one that does not impose on an owner or independent repair provider a requirement that a part, software program, or tool be registered with or approved by the manufacturer or a repair provider approved by the manufacturer.[xii] This comprehensive language provides farmers and local independent repair companies grounds to challenge the monopolistic repair practices prevalent in the industry.

Several exemptions and limitations are expressly included in the statute, such as not requiring manufacturers to comply if it would reveal trade secrets.[xiii] It also includes a “faulty repair” clause, absolving manufacturers or authorized dealers from liability for faulty or improper repairs by independent repair providers and owners.[xiv] Further, owners or independent repair providers are not authorized to alter machinery settings or deactivate safety features.[xv] Lastly, the Act includes a provision for automatic repeal if federal legislation establishing a right to repair agricultural equipment is enacted.[xvi] The 118th Congress introduced similar legislation in September,[xvii] akin to Colorado’s, prohibiting actions discouraging a farmer’s right to repair and outlining specific limitations.[xviii]

Given the prominence of the agricultural industry in Kentucky, the state legislature should act similar to Colorado and cement the right to repair for farmers. This right is vital for a farmer’s success in the trade, as timing is critical for planting and harvesting.[xix] A break or malfunction in equipment can have serious negative implications for crop yields.[xx] Failure to enact such legislation allowing farmers to repair their own equipment has caused major disruptions in the farming industry, necessitating Kentucky’s action to protect this vital sector.

[i] Right to Repair 2023 Legislation, Nat’l Conf. of State Legis. (Nov. 1, 2023), https://www.ncsl.org/technology-and-communication/right-to-repair-2023-legislation [https://perma.cc/4GZG-PXWG].

[ii] Consumer Right To Repair Agricultural Equipment, Colo. Gen. Assembly (2023), https://leg.colorado.gov/bills/hb23-1011 [https://perma.cc/X7S5-W8GM].

[iii] Id.

[iv] Fern’s Ag Insider, Lack of Right-To-Repair May Cost Farmers More Than $3 Billion, Says Survey, Successful Farming (Apr. 13, 2023), https://www.agriculture.com/news/business/lack-of-right-to-repair-may-cost-farmers-more-than-3-billion-says-survey [https://perma.cc/U88D-6ARG].

[v]Right to Repair 2023 Legislation, supra note i.

[vi] Quick Facts, KY Food and Farm, https://www.kyfoodandfarm.info/ky-ag-facts (last viewed Jan. 29, 2024) [https://perma.cc/3LCW-U9HS].

[vii] Id.

[viii] Colo. Rev. Stat. § 6-1-1502(1)(c)(I)-(IV) (West 2024).

[ix] Id. § 6-1-1502(5)(d).

[x] Id. § 6-1-1502(5)(d)(II).

[xi] Id. § 6-1-1504(2)(a).

[xii] Id. § 6-1-1502(5)(e)(II).

[xiii] Id. § 6-1-1503(2)(a)(II).

[xiv] Colo. Rev. Stat. § 6-1-1503(3) (West 2024).

[xv] Id. § 6-1-1504(1)(a)(I)-(II).

[xvi] Id. § 6-1-1505.

[xvii] Agricultural Right to Repair Act, H.R. 5604, 118th Cong. § 1 (2024).

[xviii] Id. § 3.

[xix] Gluesenkamp Perez and Colleagues Introduce Bill to Ensure the Right to Repair Agricultural Equipment, Marie Gluesenkamp Perez Washington’s Third Dist. (Sep. 20, 2023), https://gluesenkampperez.house.gov/posts/gluesenkamp-perez-and-colleagues-introduce-bill-to-ensure-the-right-to-repair-agricultural-equipment [https://perma.cc/SEG6-BSV5].

[xx] Id.