On February 14, 2024 EPA Administrator Michael Regan exercised his authority under Section 6(a)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act to issue an Existing Stocks Rule for over-the-top (OTT) dicamba (XtendiMax, Enginia, Tavium). On February 6, 2024 the 9th Circuit Court of Appeals in Arizona vacated the 2020 OTT dicamba label because EPA failed to follow proper “notice and comment” procedures when the registration was issued.
On February 8, 2024, MFBF submitted letters to Administrator Regan, Director of Office of Pesticide Programs Ed Messina, and Assistant Administrator Michal Freedhoff requesting the Existing Stocks Rule. The timing of the Court’s decision, the fact that planting decisions were made and product ordered, and the amount of product in the supply chain for the 2024 growing season made the Rule necessary.
The Existing Stocks Rule will apply to those stocks of previously registered product that are currently in the United States, packaged, labeled, and released for shipment prior to February 6, 2024. A product has been released for shipment when the producer has packaged and labeled it in the manner in which it will be distributed or sold, or has stored it in an area where finished products are ordinarily held for shipment.
In Mississippi, the cutoff date for the sale and distribution of XtendiMax, Engenia, and Tavium products is May 31, 2024 for soybeans and June 30, 2024 for cotton. The application, or use, cutoff for Xtendimax, Engenia, and Tavium products is June 30, 2024 for soybeans and July 30, 2024 for cotton.