State Agriculture Officials Commend EPA For Issuing Order on Dicamba
Arlington, VA (February 14, 2024) - NASDA CEO Ted McKinney issued a statement following the EPA’s order on the use of existing stocks of the herbicide dicamba.
“As co-regulatory partners with EPA committed to preserving environmental stewardship, protecting the rural economy and securing a healthy food supply chain, NASDA commends EPA on issuing an existing stocks order for dicamba that is inclusive of products that are in the possession of growers or in the channels of trade," McKinney says. "Today’s action will prevent severe detrimental impacts to our food, fuel, and fiber availability.”
Background
Last week at the organization’s Winter Policy Conference, NASDA members passed an action item encouraging EPA to immediately use all available discretion regarding existing stocks to ensure channels of trade are not disrupted in light of the Feb. 6, 2024 U.S. District Court of Arizona decision on dicamba.
NASDA is a nonpartisan, nonprofit association which represents the elected and appointed commissioners, secretaries and directors of the departments of agriculture in all 50 states and four U.S. territories. NASDA enhances American food and agricultural communities through policy, partnerships and public engagement. To learn more about NASDA, please visit www.nasda.org.
ASA Applauds EPA Existing Stocks Order for Dicamba Ahead of Soy Planting
Washington, DC (February 14, 2024) - With millions of dollars of product on the line and few fast alternatives available before spring planting, the American Soybean Association is exceptionally appreciative of the Environmental Protection Agency’s swift actions to issue an existing stocks order and allow farmers planning to use dicamba product for 2024 to receive and use it this season.
Josh Gackle, ASA president and soybean farmer from North Dakota, said, “The court’s decision on dicamba instantly left tens of millions of acres of U.S. farmland in limbo—and in limbo a matter of weeks before spring planting. We appreciate the certainty EPA’s existing stock order provides to farmers from North Dakota where I farm all the way to Florida and everything in between. This ruling potentially affects more than 50 million acres of dicamba-tolerant soybeans and cotton—an area larger than the state of Nebraska—so again, we are very appreciative of EPA’s decision to let us get through the 2024 growing season by using any product already in the delivery pipeline.”
EPA has declared farmers can accept “existing stocks”—previously registered pesticide products currently in the United States that were packaged, labeled, and released for shipment prior to February 6 (the effective date of the District of Arizona’s vacatur of dicamba registrations). The existing stocks order also clarified that dicamba product already in the possession of distributors, co-ops, and other parties for sales before that date can be sold and distributed, within set guidelines outlined in the order.
ASA is the national advocacy organization for the industry and led a letter to EPA last week signed by 26 soy state affiliates asking the administration for help following a dicamba ruling in a federal district court in Arizona. The court ruled EPA made a procedural error in issuing 2020 dicamba registrations for over-the-top (OTT) use on dicamba-tolerant soybeans and cotton. Because EPA did not offer a public notice and comment period before issuing the registrations, the court ruled the agency was in violation of the Federal Insecticide, Fungicide, and Rodenticide Act and vacated 2020 registrations for XtendiMax, Enginia, and Tavium.
FIFRA gives EPA the authority to issue existing stocks orders for products that are cancelled, which is now a major priority for the soybean industry. ASA also asks for the administration’s support of an appeal of the ruling and help in seeking to stay the ruling from taking effect pending appeal.
In 2023, ASA, its 26 state soy affiliates, and several cotton associations submitted an amicus brief to the District Court of Arizona in this case urging the judge to avoid vacatur.
EPA allows farmers to use existing dicamba stocks; issues deadlines for sales
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)
EPA memo lists deadlines for sales, distribution and use of Xtendimax, Engenia or Tavium on dicamba-tolerant crops. Arkansas regulations have a June 30 cutoff for all agricultural use.
Fast facts:
- EPA allows farmers to use existing stocks of dicamba products
- EPA issues deadlines for sales/distribution and use of stocks
- Stock must be used in accordance with previously approved label
Fayetteville, AR (February 14, 2024) — 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.
For information about the National Agricultural Law Center, visit nationalaglawcenter.org or follow @Nataglaw on x. The National Agricultural Law Center is also on Facebook and LinkedIn.
To learn about extension programs in Arkansas, contact your local Cooperative Extension Service agent or visit www.uaex.uada.edu. Follow us on X and Instagram at @AR_Extension. To learn more about Division of Agriculture research, visit the Arkansas Agricultural Experiment Station website: https://aaes.uada.edu. Follow on X at @ArkAgResearch. To learn more about the Division of Agriculture, visit https://uada.edu/. Follow us on X at @AgInArk.