87-1404.

Agricultural data; owner; control; agricultural producer, controller, or processor; rights.

(1) For purposes of this section, control means a person has the power to:

(a) Avail substantially all of the benefits from such agricultural data;

(b) Prevent other persons from availing substantially all of the benefits from such agricultural data; and

(c) Transfer a power described in subdivision (a) or (b) of this subsection to another person.

(2) An agricultural producer is the owner, and has control, of the agricultural data that originates from the farm, land, device, or equipment of such agricultural producer.

(3) A controller or processor that collects, stores, or uses agricultural data is deemed to have a nonexclusive right of control over such agricultural data solely for the purpose of providing services, maintaining equipment, or performing data processing authorized by the agricultural producer.

(4) The nonexclusive right of control that is granted to a controller or processor under this section does not include the power to engage in the sale of such agricultural data.