Less than one week after the U.S. Ninth Circuit Court of Appeals vacated three dicamba herbicide registrations, the U.S. Environmental Protection Agency (EPA) has issued a cancellation order.
The herbicides include Bayer’s Xtendimax, BASF’s Engenia and Corteva’s DuPont FeXapan.
EPA’s final cancellation order outlines limited and specific circumstances under which existing stocks of the three affected dicamba products may be used.
Pursuant to the final cancellation order, existing stocks are those which are currently in the U.S. and which were packaged, labeled and released for shipment prior to the time of the vacated order on June 3, 2020.
The EPA’s order permits use of existing stocks of Xtendimax, Engenia and FeXapan as follows:
- Distribution or sale by the registrant of all existing stocks is prohibited effective as of the time of the order June 3, except for distribution for the purposes of proper disposal.
- Distribution or sale of existing stocks that are already in the possession of persons other than the registrant is permitted only for the purposes of proper disposal or to facilitate return to the registrant or a registered establishment under contract with the registrant, unless otherwise allowed below.
- Distribution or sale of existing stocks that are in the possession of commercial applicators is permitted.
- Use of existing stocks inconsistent in any respect with the previously approved labeling accompanying the product is prohibited.
Use of existing stocks of these products must be consistent with the previously approved labeling. All conditions of Illinois Department of Agriculture’s (IDOA) registrations under section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act remain in effect, including the prohibition of applications when the forecasted temperature exceeds 85 degrees.
However, the June 20 application cutoff date has been extended to June 25.
Illinois Farm Bureau is working with IDOA to ensure its’ members who use the affected dicamba products are receiving adequate information to ensure compliance. While specific circumstances allow use of existing dicamba stocks, the Circuit Court’s cancellation ruling still stands moving forward.
“With our response to the Ninth Circuit’s ruling, we sought to minimize the sudden disruption to the 2020 growing season for those farmers who have invested in the affected dicamba technology,” said Richard Guebert Jr., IFB president.