Member Alert: EPA Issues Existing Stocks Order for Dicamba

Member Alert: EPA Issues Existing Stocks Order for Dicamba

On Feb. 14, 2024, the U.S. Environmental Protection Agency (EPA) issued an Existing Stocks Order for Dicamba Products Previously Registered for Over-the-Top Use on Dicamba-Tolerant Cotton and Soybean.

This Order addresses use of the formerly-registered dicamba products and 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.

Our national partner, Ag Reteailers Association (ARA), advised members to go to pages 10-12 of the Existing Stocks Order to review what is and is not allowed under the Order.

Pursuant to FIFRA section 6(a)(1), this order includes the following existing stocks provisions:

• Sale or Distribution by the Registrants. As of February 6, 2024, sale or distribution by the registrants of these products is prohibited, except for the purposes of proper disposal or to facilitate lawful export.
• Sale or Distribution by Persons other than the Registrants. Persons other than the registrants, including but not limited to co-ops and commercial distributors, who are already in possession of these products as of February 6, 2024, may sell or distribute these products until the end date for sale and distribution of existing stocks identified in Table 1; except that such persons may distribute these products after the date identified in Table 1 solely for purposes of proper disposal, lawful export, or to facilitate return to the manufacturer.
• Distribution or Sale by Commercial Applicators. Notwithstanding paragraph 2.b, for the purpose of facilitating use no later than the relevant end date for use of existing stocks identified in Table 1, distribution or sale of existing stocks of these dicamba products that are in the possession of commercial applicators is permitted until the relevant end date for use in Table 1.
• Use of Existing Stocks. As of the date of this order, use of XtendiMax, Engenia, and Tavium is permitted until the relevant date identified in Table 1, provided that such use of existing stocks is consistent in all respects with the previously approved labeling accompanying the product.

The Table 1 chart referenced is on page 11-12.

Background Information

On Feb. 6, a federal District Court in Arizona vacated the registration for over-the-top (OTT) applications of dicamba on dicamba-tolerant soybeans and cotton.

OTT dicamba products Xtendimax (Bayer), Engenia (BASF) and Tavium (Syngenta) were all included in the decision which is national in scope.

OABA, along with our national partners, disagreed with this decision, as stated in a letter sent to U.S. Environmental Protection Agency (EPA) Administrator Michael Regan by ARA.