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.