EPA has issued guidance for the use of three dicamba products that were on hand as of June 3, the date of the Ninth Circuit Court of Appeals ruling to vacate registrations of those products.
The cancellation order issued by EPA addresses sale, distribution, and use of existing stocks of the three affected dicamba products – XtendiMax with vapor grip technology, Engenia, and FeXapan.
Under the order, “Distribution or sale by any person is generally prohibited except for ensuring proper disposal or return to the registrant,” EPA said. “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.”
EPA Administrator Andrew Wheeler said the court decision “has threatened the livelihood of our nation’s farmers and the global food supply.” The cancellation order 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.”
Since the court ruling June 3, EPA said it has been “overwhelmed with letters and calls from farmers citing the devastation of this decision on the millions of acres of crops, millions of dollars already invested by farmers, and threat to America’s food supply.”
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