EPA will allow growers to use formerly registered dicamba formulations on cotton and soybeans this growing season, after hearing from numerous farm groups worried that last week's court decision vacating the registrations would cut off access to the herbicide.
In an existing stocks order, EPA said it was authorizing “limited sale and distribution of existing stocks that are already in the possession of persons other than the registrant. Further, under this order, end users of existing stocks must use the formerly registered products consistent with the previously approved labeling for the products.”
The agency's Office of Pesticide Programs said the order "authorizes limited sale and distribution of dicamba products that are already in the possession of growers or in the channels of trade and outside the control of the pesticide companies."
Farm groups applauded the action. Ted McKinney, head of the National Association of State Departments of Agriculture, echoed what those groups said: “NASDA commends EPA on issuing an existing stocks order for dicamba that is inclusive of products that are in the possession of growers or in the channels of trade. Today’s action will prevent severe detrimental impacts to our food, fuel and fiber availability.”
EPA said it was concerned that if growers don’t have access to the “lower volatility dicamba formulations designed for use over the top of dicamba-tolerant soybean and cotton,” they might turn to more volatile dicamba alternatives.
“If growers are unable to receive from distributors and use the formerly registered dicamba products, EPA has significant concerns that they may turn to other dicamba formulations not designed for over-the-top use, which may increase the potential for offsite movement of dicamba,” the order says.
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In addition, the Federal Insecticide, Fungicide, and Rodenticide Act “does not prohibit the use of unregistered pesticides,” EPA says in the stocks order. “Because the effect of the court’s order resulted in these products becoming unregistered, EPA is issuing this order to ensure that users apply dicamba following the restrictions on the previously approved labeling (including instructions intended to protect human health and the environment). By doing so, any use inconsistent with the previously approved labeling is prohibited, reducing the potential for harm to the environment from unrestricted use.”
The agency said it was "appropriate to issue an existing stocks order because, as described in numerous stakeholder letters received by the agency from across the country, growers have purchased dicamba-tolerant seed in the period between the completion of briefing in the District of Arizona case and the issuance of the court’s order and judgment vacating these dicamba registrations, therefore making them reliant on the availability of dicamba for over-the-top use."
The order includes deadlines for sales and distribution, as well as cut-off dates for the use of Engenia (BASF), Tavium (Syngenta) and XtendiMax (Bayer) that align with existing requirements. The federal cutoff date is June 30 for soybeans and July 30 for cotton, but some states – Iowa, Illinois, Indiana and South Dakota – have earlier dates.
In Minnesota, use of dicamba north of Interstate 94 is allowed until June 30; south of 1-94, the deadline is June 12.
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