EPA Issues Existing Stocks Order for Use of Dicamba Products; NCC Reacts

On Feb. 14, EPA issued an Existing Stocks Order for Dicamba Products Previously Registered for Over-the-Top Use on Dicamba-Tolerant Cotton and Soybean. The order addresses use of the formerly registered dicamba products and authorizes limited sale and distribution of those products already in the possession of growers or in the trade channels outside the control of the manufacturing companies.

This order follows a Feb. 6 ruling by the U.S. District Court of Arizona that vacated the 2020 registrations for three dicamba products – XtendiMax (Bayer), Engenia (BASF), and Tavium (Syngenta) used for over-the-top applications on dicamba-tolerant cotton and soybeans. Per the court ruling, these products are unregistered and cannot be sold or distributed except as provided in the Existing Stocks Order.

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In the order, EPA defines “existing stocks” as previously registered pesticide products currently in the U.S. that were packaged, labeled, and released by the manufacturing companies prior to Feb. 6. The order also states that 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 label date.

Those dates are May 31, 2024 for sale and distribution of the products for use on soybeans, and June 30, 2024 for sale and distribution for use on cotton. Application cutoff date for soybeans is June 30, 2024 and July 30, 2024 for cotton.

Following the EPA announcement of the order, the National Cotton Council issued the following statement of support:

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“The National Cotton Council appreciates the timely action by EPA to issue an existing stocks order to give producers better clarity for the planting season already underway. We commend them for recognizing that growers had already committed to the seeds and crop protection products for the coming year, and no viable alternatives would have been available to meet the needs of U.S. producers. Under the circumstances, EPA’s order will provide much-needed relief for growers already facing difficult economic conditions.”

And from Bayer:

“We welcome the EPA’s swift action so customers who have already invested in XtendiMax can continue to use and benefit from the technology this season. Our top priority is that growers have the products and support they need to have a successful season.”

This is an ongoing story and will be updated as needed.

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