08 Jun EPA Releases Guidance Concerning Dicamba Sales and Application
Today the Environmental Protection Agency (EPA) issued a response in an effort to clarify the current status of three dicamba registrations following the Ninth Circuit Court of Appeals’ vacatur issued on June 3, 2020.
Kansas Agribusiness Retailers Association will continue to be in contact with Kansas Department of Agriculture (KDA), EPA and our industry partners. KARA will disperse additional information as soon as it becomes available.
Below is a direct link to EPA’s cancellation order, EPA’s press release and analysis from Agricultural Retailers Association.
EPA Press Release
Today, the U.S. Environmental Protection Agency (EPA) issued a key order providing farmers with needed clarity following the Ninth Circuit Court of Appeals’ June 3, 2020 vacatur of three dicamba registrations. Today’s cancellation order outlines limited and specific circumstances under which existing stocks of the three affected dicamba products can be used for a limited period of time. EPA’s order will advance protection of public health and the environment by ensuring use of existing stocks follows important application procedures.
“At the height of the growing season, the Court’s decision has threatened the livelihood of our nation’s farmers and the global food supply,” said EPA Administrator Andrew Wheeler.
“Today’s cancellation and existing stocks order is consistent with EPA’s standard practice following registration invalidation, and is designed to advance compliance, ensure regulatory certainty, and to prevent the misuse of existing stocks.”
EPA’s order will mitigate some of the devastating economic consequences of the Court’s decision for growers, and particularly rural communities, at a time they are experiencing great stress due to the COVID-19 public health emergency.
Details of the Order
EPA’s order addresses sale, distribution, and use of existing stocks of the three affected dicamba products – XtendiMax with vapor grip technology, Engenia, and FeXapan.
- Distribution or sale by any person is generally prohibited except for ensuring proper disposal or return to the registrant.
- Growers and commercial applicators may use existing stocks that were in their possession on June 3, 2020, the effective date of the Court decision. Such use must be consistent with the product’s previously-approved label, and may not continue after July 31, 2020.
Background
On June 3, 2020, the Ninth Circuit Court of Appeals issued an order vacating EPA’s pesticide registrations containing the active ingredient dicamba: Xtendimax with Vaporgrip Technology (EPA Reg. No. 524-617); Engenia – (EPA Reg. No. 7969-345); and FeXapan – (EPA Reg. No. 352-913).
ARA’s Analysis
Courtesy: Agricultural Retailers Association
The Agricultural Retailers Association (ARA) advocates, influences, educates and provides services to support its members in their quest to maintain a profitable business environment, adapt to a changing world and preserve their freedom to operate.
“ARA is concerned with these details, as it appears inconsistent with EPA’s long-standing existing stocks practice following registration invalidation,” said ARA Senior Vice President of Public Policy and Counsel Richard Gupton. “ARA is seeking clarification on the impact on agricultural retailers that do not provide commercial application services. EPA was silent following the court decision for four days, at a time when many sales and applications take place. Individual states also issued notices authorizing the continued sale and use of these products. This EPA announcement does not fully address the continued confusion being created by the Ninth Circuit Court decision.”
In summary:
EPA’s cancellation order addresses sale, distribution, and use of existing stocks of the three affected dicamba products – XtendiMax with vapor grip technology, Engenia, and FeXapan.
- Distribution or sale by the registrant. Distribution or sale by the registrant of all existing stocks of the products listed below is prohibited effective as of the time of the order on June 3, except for distribution for the purposes of proper disposal.
- Distribution or sale by persons other than the registrant . Distribution or sale of existing stocks of the products listed below that are already in the possession of persons other than the registrant is permitted only for the purposes of proper disposal or to facilitate return to the registrant or a registered establishment under contract with the registrant, unless otherwise allowed below.
- Distribution or sale by commercial applicators . For the purpose of facilitating use no later than July 31, 2020, distribution or sale of existing stocks of products listed below that are in the possession of commercial applicators is permitted.
- Use . Use of existing stocks of products listed below inconsistent in any respect with the previously-approved labeling accompanying the product is prohibited. All use is prohibited after July 31, 2020 .