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

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.

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.

(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.

(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.

(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.

(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.

(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.

(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.

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

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.