On Wednesday, June 3, the Ninth Circuit Court of Appeal issued an order vacating EPA’s pesticide registrations containing the active ingredient dicamba: Xtendimax with Vaporgrip Technology (EPA Reg. No. 524-617); Engenia – (EPA Reg. No. 7969-345); and FeXapan – (EPA Reg. No. 352-913).

On Friday, June 5, AFBF and MFBF weighed with EPA on this issue to assure that these products remain available for the 2020 crop year.

  • AFBF’s letter stated, “Many farmers have already made planting decisions to use dicamba tolerant crop systems and planned to use dicamba products in the very near future. These farmers invested substantial sums in the dicamba-resistant seeds in reliance on EPA’s approval of dicamba on these crops. Without these products, not only are these substantial investments at risk, but farmers do not know how they will protect their crops. It is imperative EPA provide clarity to farmers expeditiously. Additionally, EPA should issue an existing stock order to ensure this product remains available to farmers throughout this growing season. In the existing stock order, EPA should ensure access to dicamba products that have already been purchased, as well as those that remain in the supply chain to be applied by custom applicators or farmers themselves later in accordance with the current EPA label.”

A copy of the AFBF letter can be viewed here: AFBF Letter

  • MFBF’s letter stated, “On behalf of the undersigned parties, we request that the Environmental Protection Agency (EPA) issue an “Existing Stocks Rule,” or take other administrative actions as soon as is possible to allow the use of these products that farmers possess or are already in the supply chain for the 2020 growing season. Our producer members have already made a significant financial investment and are relying on this technology to get through this growing season. Additionally, our farmers are dealing with ongoing adversities related to unstable markets and impacts from COVID-19. The loss of the use of this product would create an even greater hardship on their business. Therefore, it is vital that this product remain available at least for the 2020 growing season.”

The letter was signed by: Alabama Farmers Federation, Georgia Farm Bureau Federation, Louisiana Farm Bureau Federation, Mississippi Department of Agriculture & Commerce, Mississippi Farm Bureau Federation, North Carolina Farm Bureau Federation, South Carolina Farm Bureau Federation, and Texas Farm Bureau Federation.

A copy of the MFBF letter can be viewed here: FB Letter

On Monday, June 8, EPA issued guidance on the Ninth Circuit Court of Appeal’s vacatur on June 3 of three dicamba products.  EPA’s order addresses sale, distribution, and use of existing stocks of the three affected dicamba products – XtendiMax with vapor grip technology, Engenia, and FeXapan.

  • Distribution or sale by any person is generally 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. Such use must be consistent with the product’s previously-approved label, and may not continue after July 31, 2020.

A link to the EPA cancellation order for those three pesticide products: Xtendimax, Engenia, and FeXapan is listed.

AFBF and MFBF will continue to work with the EPA, Registrants, and the MS Department of Agriculture & Commerce on this issue