EPA allows farmers to use existing dicamba stocks; issues deadlines for sales

FAYETTEVILLE — 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.
Non-tolerant soybeans showing symptoms of herbicide damage. (U of A System Division of Agriculture file photo)
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.
Rollins: the main takeaway is that the order will allow over-the-top use of dicamba products during the 2024 growing season." (U of A System Division of Agriculture file photo)
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.