EPA: Dicamba produced before Feb. 6 can be used this growing season

A U.S. District Court put a stop to farmers buying the herbicide dicamba earlier this month, but if they already have the products on the farm or if they are dated before Feb. 6, they can be used. Farmers will be able to use existing stock of products containing dicamba on tolerant cotton and soybeans, following an order Wednesday (Feb. 14) from the United States Environmental Protection Agency.

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.

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.

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.”