Please click on the links below for on-line and webinar training opportunities for dicamba label training. Completing any of these trainings will meet the requirement for dicamba training no matter which product you are applying to soybean.
BASF (Engenia): Applicator Training (engeniaherbicide.com)
Bayer (XtendiMax): Dicamba Training and Application Requirements | Roundup Ready® Xtend Crop System
Syngenta (Tavium): Tavium Application and Stewardship | Syngenta US (syngenta-us.com)
IFCA RECEIVES UPDATE FROM EPA ON EXISTING STOCKS ORDER FOR DICAMBA
On February 6, 2024, a ruling by the U.S. District Court of Arizona vacating the 2020 registrations for over-the-top (OTT) dicamba products, IFCA received this information from the EPA on existing stocks of dicamba for the 2024 cropping season:
On February 14, 2024, EPA issued an Existing Stocks Order for Dicamba Products Previously Registered for Over-the-Top Use on Dicamba-Tolerant Cotton and Soybean. This Order addresses use of the formerly-registered dicamba products and authorizes limited sale and distribution of dicamba products that are already in the possession of growers or in the channels of trade and outside the control of the pesticide companies.
Existing Stocks Order
EPA has issued an Existing Stocks Order to allow for limited sale and distribution of dicamba OTT products that were already in the possession of growers or in the channels of trade and outside the control of pesticide companies as of February 6, 2024. The order also prohibits the use of these dicamba products except where the use is consistent with the previously approved labeling, which included measures intended to reduce environmental damage caused by offsite movement of the pesticide.
This Existing Stocks Order is limited in time and scope, allowing for certain sale, distribution, and use of existing stocks of these formerly-registered dicamba products for the 2024 growing season. EPA has received ample evidence that millions of gallons of OTT dicamba had already entered the channels of trade prior to February 6, 2024. Additionally, most growers have already placed orders for dicamba-tolerant seed for the 2024 growing season and, given the timing of these registrations being vacated, are not able to pivot to another herbicide-tolerant seed and herbicide system.
The issuance of this Existing Stocks Order will help ensure that growers who already possess OTT dicamba and/or have already purchased dicamba-tolerant seeds and thus are reliant on the availability of specific products solely for the 2024 growing season: (1) apply only dicamba formulations designed for use over the top of dicamba-tolerant soybean and cotton, rather than violating FIFRA by misusing more volatile dicamba formulations which could lead to greater offsite movement (and thus potential damage to non-dicamba tolerant crops and other plants); and (2) apply these OTT dicamba products consistent with restrictions intended to reduce offsite movement and protect human health and the environment. Thus, it is necessary for EPA to issue an Existing Stocks Order to ensure that growers follow these directions for use, which were designed to reduce environmental damage caused by offsite movement.
Under this order, end users of existing stocks may only use the formerly-registered products consistent with the previously approved labeling for the products and must stop use of these products by the relevant dates laid out in the Order. Additional details regarding restrictions on the sale, distribution, and use of these formerly-registered products can be found in EPA’s Existing Stocks Order for Dicamba Products Previously Registered for Over-the-Top Use on Dicamba-Tolerant Cotton and Soybean. Click here to view that document.
Dicamba is an herbicide used to target broadleaf weeds in agricultural and non-agricultural settings. The herbicide is registered for use at specified stages in agricultural crop fields of corn, cotton, sorghum, soybeans, sugarcane, and other crops. The dicamba products subject to the February 2024 vacatur were registered to be sprayed OTT of genetically engineered dicamba-tolerant soybeans and cotton after the crops have emerged from the ground. There are also dicamba products that are only registered for non-OTT applications. These products are applied earlier in the growing season before crop emergence while OTT products can be applied later in the growing season after crop emergence.
Dicamba was first registered for OTT uses on dicamba-tolerant cotton and soybeans in 2016. In 2017 and again in 2018, EPA amended the registrations of all OTT dicamba products following reports that growers had experienced crop damage and economic losses resulting from the off-site movement of dicamba. The U.S. Court of Appeals for the Ninth Circuit vacated the 2018 registrations in June 2020 on the basis that “EPA substantially understated risks that it acknowledged and failed entirely to acknowledge other risks.” Days after the court’s decision, EPA issued an order for the affected products that addressed existing stocks.
In October 2020, EPA issued new registrations for two dicamba products and extended the registration of an additional dicamba product until 2025. All three registrations included new measures that the Agency expected to prevent off-target movement and damage to non-target crops and other plants. Further state-specific amendments to the registrations occurred in 2022 and 2023.
In response to a lawsuit against EPA concerning these registrations, on February 6, 2024, a ruling by the U.S. District Court of Arizona vacated the 2020 registrations for OTT dicamba products XtendiMax, Engenia, and Tavium. As of February 6, 2024, these products are unregistered, and sale or distribution of these products is unlawful except as provided in EPA’s February 2024 existing stocks order.
IFCA will continue to update our members if any other actions are taken by USEPA.
Details on Dicamba Registrations and Label Changes
USEPA indicated that they do not expect there to be any changes made to the federal dicamba label for over-the-top applications to soybeans prior to the 2022 growing season. Any additional restrictions to the label will once again fall to the state level. IDOA stated that rules filed for additional dicamba restrictions for the 2022 growing season are the exact same restrictions required for the 2021 season. Continue reading below for more information on the recent USEPA and IDOA updates.
Federal USEPA Update
Below is a message from from U.S. EPA's Office of Chemical Safety and Pollution Prevention on February 16, 2023:
EPA Approves Requested Labeling Amendments that Further Restrict the Use of Over-the-Top Dicamba in Iowa, Illinois, Indiana and South Dakota
The U.S. Environmental Protection Agency (EPA) has approved labeling amendments that further restrict the use of over-the-top dicamba in Iowa, Illinois, Indiana and South Dakota. The Iowa, Illinois and Indiana amendments were requested by product registrants following discussion with those states. The South Dakota amendment was proposed by the state to the registrant. All amendments are intended to reduce risks from the use of over-the-top dicamba, an herbicide sprayed over-the-top of genetically engineered soybeans and cotton after the crops have emerged from the ground to control certain types of broadleaf weeds.
The revised labeling prohibits the use of over-the-top dicamba application on dicamba-tolerant crops after June 12 in Iowa, Illinois and Indiana and after June 20 in South Dakota. This restricts over-the-top dicamba application to earlier in the growing season, when temperatures are likely to be lower, and is intended to reduce the potential for dicamba to volatilize and drift off-site. Among other requirements, the product registrants must add the amended labeling to their training and educational materials and disseminate this information to pesticide authorities and agricultural extension services to assist users in their local area. These and other requirements are outlined in the terms and conditions of the amended registration.
These amendments follow amendments EPA approved for Minnesota and Iowa in March 2022. The amendment for Minnesota remains the same. However, for Iowa, the new amendment supersedes the previous amendment. Therefore, over-the-top dicamba can no longer be applied after June 12 in Iowa.
As EPA continues to review dicamba-related incidents and considers the regulatory tools available to further address these incidents, the Agency is ready to support state-implemented restrictions that reduce risks from the use of over-the-top dicamba. If a state wishes to further restrict the over-the-top uses of dicamba, it may use FIFRA section 24(a) to do so, or registrants and states can work together to submit a label amendment containing state-specific restrictions for EPA approval.
To view the amended labeling, visit docket EPA-HQ-OPP-2020-0492 at www.regulations.gov.
Background on Dicamba-Related Incidents
In 2017 and again in 2018, EPA amended the registrations of all over-the-top dicamba products following reports that growers had experienced crop damage and economic losses resulting from the off-site movement of dicamba. The U.S. Court of Appeals for the Ninth Circuit vacated the 2018 registrations in June 2020 on the basis that “EPA substantially understated risks that it acknowledged and failed entirely to acknowledge other risks.” Days after the court’s decision, EPA issued cancellation orders for the affected products that addressed existing stocks. Additionally, the 2018 decision was the focus of an Inspector General report that found senior political leadership’s involvement in the decision led to “...changes to or omissions from scientific documents, including omissions of some conclusions addressing stakeholder risks.” The political interference that occurred with the 2018 dicamba decision happened despite the best efforts of EPA’s career scientists and managers to recommend a different approach.
In October 2020, EPA issued new registrations for two dicamba products and extended the registration of an additional dicamba product. These registration decisions were made with some input from EPA’s career scientists and managers and were expected to address the risk concerns noted by the Ninth Circuit. All three registrations included new measures that the Agency expected to prevent off-target movement and damage to non-target crops and other plants.
In December 2021, EPA released a summary of dicamba-related incident reports from the 2021 growing season obtained from pesticide registrants, States, the general public, and non-governmental organizations. However, despite the control measures implemented in EPA’s October 2020 dicamba registration decision, incident reports from the 2021 growing season showed little change in the number, severity, and/or geographic extent of dicamba-related incidents when compared to the reports the Agency received before the 2020 control measures were required. EPA has not yet fully analyzed 2022 incident data, but based on incident reports received and discussions with state regulators, weed scientists, and academics, EPA has reason to believe dicamba-related incidents continued through the 2022 growing season as well.
EPA’s Continued Review of Dicamba
Given the incident information obtained from recent growing seasons, EPA is reviewing whether dicamba products registered for over-the-top use pose unreasonable risks to non-target crops and other plants or to federally listed species and their designated critical habitats. EPA is also evaluating all of its options for addressing future dicamba-related incidents.
Currently, EPA is working to understand the geographic variability of dicamba-related incidents. Additionally, EPA is analyzing how these incidents may relate to dicamba’s chemical properties. As the Agency progresses in its review, it will continue to consider if additional information could be provided to assist in EPA’s evaluation.
Moreover, all uses of dicamba, including pre-emergent and over-the-top applications of the pesticide, are being assessed in registration review. Registration review is a statutory program in which EPA reviews and updates, as necessary, older pesticide registrations based on current scientific standards to ensure that they continue to meet FIFRA’s registration standard.
As part of the registration review process, EPA recently accepted public comment on the second addendum to the 2016 draft human health risk assessment and a draft ecological risk assessment for dicamba. EPA will continue the registration review process by publishing the proposed interim decision (PID). The PID will address public comments on the risk assessments and may propose risk mitigation to address any potential risks of concern identified in the dicamba draft risk assessments. The public will have an opportunity to comment on the PID.
For more information on dicamba, see: https://www.epa.gov/pesticides/dicamba or https://www.epa.gov/ingredients-used-pesticide-products/registration-dicamba-use-dicamba-tolerant-crops.
State IDOA Update
On December 3rd, 2021, Illinois Department of Agriculture (IDOA) filed rules with the Illinois Secretary of State on dicamba application to soybeans. The restrictions for dicamba use on soybeans filed by IDOA are the same restrictions required in 2021. The rules were published in the Secretary of State's Illinois Register December 17th, 2021. IDOA provided a press release detailing the proposed rules. The additional restirctions for dicamba application on soybeans in Illinois are listed below:
- A pesticide containing dicamba shall not be applied on soybeans if the air temperature at the field at the time of application is over 85 degrees Fahrenheit or if the National Weather Service’s forecasted high temperature for the nearest available location for the day of application exceeds 85 degrees Fahrenheit. Local National Weather Service forecasts are available at https://www.weather.gov.
- Application on soybeans of a pesticide containing dicamba shall not be made after June 20 of each year.
- Before applying a pesticide containing dicamba on soybeans, the applicator shall consult the FieldWatch sensitive crop registry (https://www.fieldwatch.com) and comply with all associated recordkeeping and label requirements.
- Application on soybeans of a pesticide containing dicamba shall not be made if the wind is blowing toward: any Illinois Nature Preserves Commission site that is adjacent to the field of application; or an adjacent residential area.
The current labels are posted under the "Labels, Forms & Other Resources" link on this site.