EPA allows farmers to use existing dicamba stocks; issues deadlines for sales
EPA memo lists deadlines for sales, distribution and use of Xtendimax, Engenia or Tavium on dicamba-tolerant crops. Arkansas regulations have a June 30 cutoff for all agricultural use.
By Mary Hightower
U of A System Division of Agriculture
Feb. 14, 2024
Fast facts:
- EPA allows farmers to use existing stocks of dicamba products
- EPA issues deadlines for sales/distribution and use of stocks
- Stock must be used in accordance with previously approved label
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(Newsrooms: With art of Rollins, damage symptoms;
INSERTS new 8th graf to indicate state cutoff is June 30; INSERTS new 18th graf to add details, correct typos)
FAYETTEVILLE, Ark. — Farmers will be able to use existing stock of products containing dicamba on tolerant cotton and soybeans, following an order Wednesday from the United States Environmental Protection Agency.
The memo from EPA’s Office of Chemical Safety and Pollution Prevention follows the Feb. 6 ruling by a U.S. District Court in Arizona which vacated registrations of XtendiMax, Engenia and Tavium.
Brigit Rollins, staff attorney at the National Agricultural Law Center, said “the main takeaway is that the order will allow over-the-top use of dicamba products during the 2024 growing season for any dicamba products that were ‘labeled, packaged, and released for shipment’ prior to the Feb. 6 ruling.”
“In light of the court’s order, EPA is issuing this existing stocks order to authorize limited sale and distribution of existing stocks that are already in the possession of persons other than the registrant,” EPA’s memo said. “Under this order, end users of existing stocks must use the formerly registered products consistent with the previously approved labeling for the products and must cease use of these products by the relevant date identified.”
The memo provided a table showing the end dates for sale and distribution of existing stocks as well as the end date for use of existing stocks.
In Arkansas, the deadline for sale and distribution of Xtendimax, Engenia or Tavium on dicamba-tolerant soybean is May 31. The deadline for sale and distribution of Xtendimax, Engenia or Tavium on dicamba-tolerant cotton is June 30.
The state's deadline for use of Xtendimax, Engenia or Tavium on dicamba-tolerant soybean is June 30. The deadline to use the products on dicamba-tolerant cotton is July 30.
However, Arkansas has a June 30 cutoff for all agricultural use of these products.
Incentive to use
The EPA said “growers who have already invested in seed have a strong incentive to use their existing dicamba stocks. This order ensures that they will do so consistent with environmental protection, rather than with no limitations on use.”
The agency warned that undisciplined use may result in violations of the Endangered Species Act, or ESA, and of state laws.
The agency said that applying the formerly registered dicamba products in a manner not consistent with the previously approved labeling “may result in adverse effects to species listed as endangered or threatened under the ESA, which in turn could result in potential liability for pesticide applicators under the ESA.
“Additionally, use inconsistent with previously approved labeling may also violate state pesticide laws,” EPA said.
The agency also wanted to ensure unused stock was disposed of properly.
“To facilitate an orderly wind-down of these dicamba products, EPA is allowing, without an end date, persons holding existing stocks other than the registrant, including end users, to return them to the registrant or dispose of them in accordance with federal, state and local waste disposal requirements,” the memo said. “Otherwise, those existing stocks would be immovable in perpetuity in slowly deteriorating containers."
Mention of product names does not imply endorsement by the University of Arkansas System Division of Agriculture.
More on the history of dicamba can be found on the NALC website in a series authored by Rollins, “The Deal with Dicamba.”
Rollins is set to discuss the future of pesticides in the west at the Western Agricultural
and Environmental Law Conference. The event will be held at the University of Nevada,
Reno, on June 13-14 with a livestream option available. Conference information and
registration is available online.
She will also be on a panel with EPA's Rod Snyder at the Mid-South Agricultural and
Environmental Law Conference, June 6-7, at the University of Memphis Cecil C. Humphreys
School of Law. Conference information and registration is available online.
For information about the National Agricultural Law Center, visit nationalaglawcenter.org or follow @Nataglaw on x. The National Agricultural Law Center is also on Facebook and LinkedIn.
To learn about extension programs in Arkansas, contact your local Cooperative Extension Service agent or visit www.uaex.uada.edu. Follow us on X and Instagram at @AR_Extension. To learn more about Division of Agriculture research, visit the Arkansas Agricultural Experiment Station website: https://aaes.uada.edu. Follow on X at @ArkAgResearch. To learn more about the Division of Agriculture, visit https://uada.edu/. Follow us on X at @AgInArk.
About the Division of Agriculture
The University of Arkansas System Division of Agriculture’s mission is to strengthen
agriculture, communities, and families by connecting trusted research to the adoption
of best practices. Through the Agricultural Experiment Station and the Cooperative
Extension Service, the Division of Agriculture conducts research and extension work
within the nation’s historic land grant education system.
The Division of Agriculture is one of 20 entities within the University of Arkansas System. It has offices in all 75 counties in Arkansas and faculty on five system campuses.
The University of Arkansas System Division of Agriculture offers all its Extension and Research programs and services without regard to race, color, sex, gender identity, sexual orientation, national origin, religion, age, disability, marital or veteran status, genetic information, or any other legally protected status, and is an Affirmative Action/Equal Opportunity Employer.
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Media contact: Mary Hightower
mhightower@uada.edu