EPA Ruling Clarifies Farmers Options for Dicamba Use

WASHINGTON, DC – Last week, the Ninth Circuit Court of Appeals in San Francisco vacated the registration of three products containing the active ingredient dicamba. The decision, effective immediately, made the purchase, sale, and/or application of the dicamba products in the United States illegal. For cotton and soybean producers, for which the products are labeled by the Environmental Protection Agency (EPA), the ruling was met with shock and confusion.

On Monday evening, however, EPA announced a key order providing clarity for farmers who had existing stocks of the three affected dicamba products – XtendiMax with vapor grip technology, Engenia, and FeXapan. EPA Administrator Andrew Wheeler said the order will mitigate some of the devastating economic consequences of the Court’s decision for growers. Specifically, EPA outlines that distribution or sale by any person is prohibited, except for ensuring proper disposal or return to the registrant. Growers and commercial applicators may use existing stocks that were in their possession on June 3, 2020, the effective date of the Court decision.

Use of existing dicamba stocks must be consistent with the product’s previously-approved label, and may not continue after July 31, 2020. Since the Court issued its opinion, the agency has been overwhelmed with letters and calls from farmers explaining the monumental devastation the decision has on the millions of acres of crops, and the millions of dollars already invested by farmers who planted dicamba-tolerant crops (cotton and soybeans) for the current growing season. BASF, one of the three manufacturers losing their label registration, is vowing to fight to overturn the verdict. Registration on the three products was already set to expire at the end of 2020.
(SOURCE: Environmental Protection Agency)