Introduced in Senate

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5459 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5459

To protect the economic value of agricultural data and the autonomy of 
agricultural producers by protecting the sale of agricultural data and 
   maintaining the security of agricultural data through reasonable 
                              safeguards.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2026

 Mr. Ricketts introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To protect the economic value of agricultural data and the autonomy of 
agricultural producers by protecting the sale of agricultural data and 
   maintaining the security of agricultural data through reasonable 
                              safeguards.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Agricultural Data Privacy Act of 
2026''.

SEC. 2. PURPOSE.

    The purpose of this Act is to protect the economic value of 
agricultural data and the autonomy of agricultural producers by 
protecting the sale of agricultural data and maintaining the security 
of agricultural data through reasonable safeguards.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Affiliate.--The term ``affiliate'' means a person or 
        entity that directly or indirectly controls, is controlled by, 
        or is under common control with a controller or processor.
            (2) Aggregated data.--The term ``aggregated data'' means 
        agricultural data that has been combined with other data from 
        various sources and summarized so that the resulting data 
        cannot reasonably be linked to an identified or identifiable 
        agricultural producer, farm, parcel, device, or equipment.
            (3) Agricultural data.--
                    (A) In general.--The term ``agricultural data'' 
                means any of the following data that is collected, 
                produced, or generated and is linked or reasonably 
                linked to an identified or reasonably identifiable 
                agricultural producer:
                            (i) Agronomic data.
                            (ii) Climate and weather data.
                            (iii) Land data.
                            (iv) Livestock data.
                            (v) Management data.
                            (vi) Sustainability data.
                    (B) Exclusions.--The term ``agricultural data'' 
                does not include any of the following data:
                            (i) Aggregated data.
                            (ii) Derived data.
                            (iii) Any data described in subparagraph 
                        (A) that would otherwise qualify as 
                        agricultural data, if that data is made 
                        available to the general public by a Federal 
                        agency.
            (4) Agricultural producer.--The term ``agricultural 
        producer'' means the person that is the owner, lessee, or 
        renter of the farm, livestock, land, device, or equipment from 
        which agricultural data originates.
            (5) Agronomic data.--The term ``agronomic data'' means 
        information relating to soil management or crop production, 
        including data relating to any crop, field, planting activity, 
        seed type, yield, disease and pest management, fertilizer type 
        or application, or prescription.
            (6) Climate and weather data.--
                    (A) In general.--The term ``climate and weather 
                data'' means information regarding the conditions of 
                the atmosphere at a place and time and how those 
                conditions generally prevail in that place over a long 
                period of time that is collected, produced, or 
                generated by the equipment of an agricultural producer 
                or by devices located on the land of an agricultural 
                producer.
                    (B) Inclusions.--The term ``climate and weather 
                data'' includes precipitation type and amount, wind 
                speed and direction, and temperature.
                    (C) Exclusions.--The term ``climate and weather 
                data'' does not include information that is made 
                available to the general public by a governmental 
                entity or public source.
            (7) Controller.--The term ``controller'' means a person who 
        or entity that, alone or jointly with others, determines the 
        purpose and means of processing agricultural data.
            (8) Derived data.--The term ``derived data'' means data 
        that has been significantly modified, processed, analyzed, or 
        compiled, including agronomic insights, reports, and predictive 
        models.
            (9) Land data.--The term ``land data'' means information 
        regarding the physical attributes of a parcel of land, 
        including the types and fertility of soils, the topography, 
        elevation, watershed, and drainage of that parcel, and 
        geospatial information regarding that parcel.
            (10) Livestock data.--The term ``livestock data'' means 
        information regarding the production of animals by an 
        agricultural producer, including animal identification 
        practices, pedigree information, genetic information, and feed 
        consumption information.
            (11) Management data.--
                    (A) In general.--The term ``management data'' means 
                information regarding the management of the 
                agricultural operations of an agricultural producer.
                    (B) Inclusions.--The term ``management data'' 
                includes--
                            (i) the finances, taxes, and employment of 
                        the agricultural producer;
                            (ii) the price received or paid for any 
                        commodity;
                            (iii) data regarding the compliance of the 
                        agricultural producer with any law;
                            (iv) data regarding the supply chain for a 
                        commodity that is produced or used by the 
                        agricultural producer; and
                            (v) information regarding the tillage and 
                        conservation practices of the agricultural 
                        producer.
            (12) Processor.--The term ``processor'' means a person who 
        or entity that processes agricultural data on behalf of a 
        controller.
            (13) Sale of agricultural data.--
                    (A) In general.--The term ``sale of agricultural 
                data'' means the exchange of agricultural data for 
                monetary or other valuable consideration by a 
                controller or processor to a third party.
                    (B) Exclusions.--The term ``sale of agricultural 
                data'' does not include any--
                            (i) disclosure or transfer of agricultural 
                        data to a processor by a controller;
                            (ii) use of agricultural data by a 
                        processor, if that use is authorized by a 
                        controller;
                            (iii) disclosure, transfer, or use of 
                        agricultural data for the purpose of a 
                        controller or processor providing a service to 
                        an agricultural producer;
                            (iv) disclosure, transfer, or use of 
                        agricultural data to an affiliate of the 
                        controller or processor;
                            (v) disclosure that is expressly directed, 
                        initiated, or authorized in writing by an 
                        agricultural producer to a designated third 
                        party, including any input provider, advisor, 
                        lender, insurer, cooperative, or digital 
                        platform chosen by the agricultural producer;
                            (vi) disclosure that is required by a 
                        Federal or State law, regulation, subpoena, 
                        investigative demand, or court order;
                            (vii) disclosure that is required for 
                        compliance with a Federal or State safety, 
                        emissions, or environmental obligation;
                            (viii) disclosure of information that an 
                        agricultural producer--
                                    (I) intentionally made available to 
                                the general public through a mass media 
                                channel; and
                                    (II) did not restrict to a specific 
                                audience;
                            (ix) disclosure or transfer of agricultural 
                        data by a controller to a third party as an 
                        asset in which the third party assumes control 
                        of all or a part of the controller's assets and 
                        that is part of a proposed or actual--
                                    (I) merger;
                                    (II) acquisition;
                                    (III) bankruptcy; or
                                    (IV) transaction; or
                            (x) disclosure, transfer, or use that is 
                        reasonably necessary to detect, prevent, or 
                        respond to any fraud, abuse, cybersecurity 
                        threat, illegal conduct, data integrity issue, 
                        or equipment misuse.
            (14) Service.--The term ``service'' means any service that 
        is provided by a controller or processor to an agricultural 
        producer and that may be used to maintain, diagnose, repair, 
        support, secure, improve, or provide any equipment, software, 
        device, technology, product, or service to the agricultural 
        producer, including any telematic service, remote diagnostic, 
        predictive maintenance, warranty administration, safety 
        notification, recall activity, cybersecurity service, product 
        improvement, quality improvement, system performance 
        enhancement, internal algorithm training, over-the-air update, 
        or purchase of a commodity from the agricultural producer.
            (15) Sustainability data.--The term ``sustainability data'' 
        means information regarding greenhouse gas emissions, carbon 
        sequestration, water-quality impact, and any other 
        environmental or conservation practice used to verify 
        sustainability claims.

SEC. 4. OWNERSHIP AND CONTROL OF AGRICULTURAL DATA.

    (a) Definition of Control.--In this section, the term ``control'' 
means a person has the power--
            (1) to avail substantially all of the benefits from 
        agricultural data;
            (2) to prevent other persons from availing substantially 
        all of the benefits from agricultural data; and
            (3) to transfer a power described in paragraph (1) or (2) 
        to another person.
    (b) Ownership and Control.--An agricultural producer is the owner, 
and has control, of the agricultural data that originates from the 
farm, land, device, or equipment of that agricultural producer.
    (c) Nonexclusive Right of Control.--
            (1) In general.--A controller or processor that collects, 
        stores, or uses agricultural data is deemed to have a 
        nonexclusive right of control over that agricultural data 
        solely for the purpose of providing services, maintaining 
        equipment, or performing data processing authorized by the 
        agricultural producer.
            (2) Exclusion of sale.--The nonexclusive right of control 
        that is granted to a controller or processor under paragraph 
        (1) does not include the power to engage in the sale of the 
        agricultural data.

SEC. 5. SALES OF AGRICULTURAL DATA.

    (a) In General.--A controller or processor shall not engage in the 
sale of agricultural data without the express written consent of the 
applicable agricultural producer.
    (b) Means of Obtaining.--Written consent for the sale of 
agricultural data described in subsection (a) shall be obtained through 
a clear and conspicuous disclosure that is separate from the primary 
terms of service or data use agreement.

SEC. 6. DISCLOSURES IN CONTRACTS AND AGREEMENTS.

    (a) In General.--Each contract or agreement entered into on or 
after January 1, 2027, involving the collection or processing of 
agricultural data shall contain a specific provision stating that the 
controller or processor is prohibited from engaging in the sale of that 
agricultural data without the express written consent of the 
agricultural producer.
    (b) Unenforceability.--Any contract provision that waives or limits 
the requirements of this Act is contrary to public policy and is void 
and unenforceable.

SEC. 7. SECURITY PRACTICES.

    (a) In General.--Any controller or processor in custody or 
possession of agricultural data shall establish, implement, and 
maintain reasonable administrative, technical, and physical data 
security practices to protect the confidentiality, integrity, and 
accessibility of that agricultural data.
    (b) Requirements.--Security practices described in subsection (a)--
            (1) shall be appropriate for the volume and nature of the 
        agricultural data; and
            (2) shall protect against unauthorized access, use, 
        disclosure, modification, or loss.

SEC. 8. ENFORCEMENT.

    (a) In General.--The Attorney General may bring an action in the 
appropriate District Court of the United States against any controller 
or processor that violates this Act--
            (1) to seek injunctive relief; or
            (2) to recover a civil penalty in the amount of $1,000 for 
        each separate violation.
    (b) Deposit.--Any civil penalty that is recovered under subsection 
(a)(2) shall be deposited in the general fund of the Treasury.
    (c) Exclusive Remedy.--The enforcement authority granted to the 
Attorney General under this section shall be the exclusive remedy for 
violations of this Act.
    (d) Effect.--Nothing in this Act creates any new private cause of 
action.

SEC. 9. NOTICE.

    (a) In General.--Prior to bringing an action to recover a civil 
penalty for a violation of section 6 or 7, the Attorney General shall 
provide a controller or processor with a written notice that identifies 
the specific provision of section 6 or 7 that the Attorney General 
alleges has been or is being violated.
    (b) Opportunity To Cure.--No action for a civil penalty described 
in subsection (a) shall be initiated if, within 45 days after receiving 
the written notice described in that subsection, the controller or 
processor--
            (1) cures each alleged violation described in the notice; 
        and
            (2) provides the Attorney General with a written statement 
        that--
                    (A) specifies that each alleged violation described 
                in the notice has been cured; and
                    (B) the controller or processor will refrain from 
                further violations of this Act.
    (c) Inapplicability.--This section shall not apply to any violation 
of section 5.

SEC. 10. ADMINISTRATION.

    The Secretary of Agriculture shall administer this Act, except with 
respect to enforcement under sections 8 and 9.

SEC. 11. EFFECT.

    Nothing in this Act--
            (1) limits or supersedes any duty or obligation that is 
        imposed by any other Federal law;
            (2) relieves any person from any duty or obligation 
        otherwise imposed by law; or
            (3) impairs, supersedes, or otherwise affects the terms of 
        any private contract that is in existence prior to the date of 
        enactment of this Act.
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