Tuss: Farmers own it. Only fair to let them fix it.

By Rep. Paul Tuss

The limited availability of a manufacturer-authorized technician shouldn’t stop Montana farmers from getting to work feeding and clothing the world.

But as it stands today, one of the biggest challenges thrown in the face of Montana agriculture is when original equipment manufacturers lock farmers and ranchers out of repairing their own equipment, stymying producers from doing everything from feeding livestock to harvesting crops.

Farming is a seasonal operation. When crops are ready for harvest, hundreds of farmers engaged in their livelihood are in the field at the same time, meaning that a significant number of breakdowns could simultaneously occur. Per manufacturer policy, repairs can only be performed at an authorized repair location or by an authorized technician. There are very few of those facilities and individuals working in Montana. Wait times for repairs can be several days, subjecting the farmer to a lower quality crop or potentially devastating events such as hail or fire.

Real action is being taken now to support family farmers and ranchers to have the right to repair.

• The Federal Trade Commission (FTC) and the attorneys general of Minnesota and Illinois have recently filed a lawsuit against John Deere & Co., alleging the company’s repair restrictions violate competition laws.
• National Farmers Union sent a letter to the EPA asserting that EPA rules and regulations require manufacturers to provide the tools needed to maintain and repair the emissions of agricultural equipment. The head of the EPA, Michael Regan, affirmed NFU’s assertion.
• The Colorado state legislature passed a right to repair agricultural equipment law in 2023.

My Right to Repair bill, HB 390, now in the Montana House, fully supports local dealerships’ commitment to selling equipment and offering repair services. Often these dealerships are at the mercy of manufacturers, who will dictate what software is available for diagnostics and who – and who doesn’t – have authority to use those diagnostics for repairs.

Manufacturer lobbyists will tell us and the Montana public that Montana does not have the right to interfere with the manufacturer’s ability to do business as it pleases in Montana. This is in fact untrue. In previous legislative sessions, Montana lawmakers shielded local automobile dealers from unreasonable requirements made by manufacturers.

HB 390 – the Montana Right to Repair Bill – is about rural jobs and giving Montana farmers and ranchers the freedom to repair their own equipment and to be fairly treated by manufacturers. Our local and capable dealerships and independent mechanics can provide timely services for diagnosing and repairing equipment. The Montana Legislature needs to make the right decision in keeping Montana agriculture on the move by passing my Right to Repair legislation.

Paul Tuss serves in the Montana House of Representatives from House District 27, which includes Havre and Hill County.  He is a member of the House Appropriations Committee and Vice Chair of the Legislative Administration Committee.