WASHINGTON — Seventy-five percent of the soybeans in 18 states were already planted when the U.S. Court of Appeals for the Ninth Circuit ordered the vacating of three dicamba registrations on June 3.
After farmers and suppliers spent five days in limbo, the U.S. Environmental Protection Agency issued a cancellation order for Xtendimax, Engenia and FeXapan.
The 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 United States and which were packaged, labeled and released for shipment prior to the time of the vacatur on June 3.
The EPA’s order permits use of existing stocks of Xtendimax, FeXapan and Engenia as follows:
• Distribution or sale by the registrant. Distribution or sale by the registrant of all existing stocks is prohibited effective as of the time of the order on June 3, except for distribution for the purposes of proper disposal.
• Distribution or sale by persons other than the registrant. 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 by commercial applicators. 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,” the Illinois Department of Agriculture stated in a release.
“All conditions of IDOA’s 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, 2020, application cutoff date has been extended to June 25, 2020.”
The plaintiffs that filed the case in the federal court are seeking to quash this cancellation order.
In Response
“The Illinois Fertilizer and Chemical Association urges continued stewardship and compliance with the label requirements even in these difficult circumstances. Much is at stake beyond dicamba use. The courts are now telling us how to farm, and all pesticide uses are being scrutinized more than ever. There are also millions of acres of soybean and other plants in Illinois that are sensitive to dicamba. We must successfully coexist with other growers and property owners and bring down the number of pesticide misuse complaints,” IFCA stated.
“At the height of the growing season, the court’s decision has threatened the livelihood of our nation’s farmers and the global food supply,” said EPA Administrator Andrew Wheeler.
“The cancellation and existing stocks order is consistent with EPA’s standard practice following registration invalidation and is designed to advance compliance, ensure regulatory certainty and to prevent the misuse of existing stocks.”
“This recent development allows farmers across the state to have flexibility as they continue to raise the 2020 crop that they have already planted and planned to use many weed management tools. Illinois Soybean Growers recognizes IDOA’s new June 25 cutoff and encourages continued on-target application of dicamba based on existing requirements,” said Doug Schroeder, ISG chairman and Mahomet area farmer.
“With the IDOA’s announcement, Illinois farmers now have the guidance that they need for using Xtendimax, FeXapan and Engenia following the Ninth Circuit’s decision. Since that time, ISG has been working on behalf of our farmers at the state and national levels to secure options that Illinois producers can use to manage this year’s crop.
“We encourage producers to check out resources from the Illinois Department of Agriculture for additional information.”
“Farmers across the country invested in dicamba-resistant seeds based on the EPA’s previous approval. Millions of acres of crops have already been planted and there’s no turning back. The clarity provided by the EPA provides certainty for farmers who were left wondering how they would protect their crops and stock America’s pantries,” said American Farm Bureau Federation President Zippy Duvall.
Dicamba use has been a contentious topic since first approved by the EPA for soybeans in 2016. IDOA received over 700 pesticide drift complaints in 2019 compared to around 120 in the pre-dicamba era.