After months of denials and vague language, EPA has confirmed it is considering limiting the ability of states to restrict pesticide use beyond the federal label.

 

State regulators are expressing alarm at this development, particularly those dealing with widespread dicamba injury, which appears to be the catalyst for EPA's announcement.

 

At issue is Section 24(c) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which allows states to grant "special local needs" (SLN) labels that supplement federal pesticide labels. Several states in the Midwest and South have used 24(c) labels to limit use of new dicamba formulations for the past few years, in an effort to control overwhelming off-target injury complaints to crops and plants. For example, most recently, Illinois granted a 24(c) label with a June 30 cut-off date for XtendiMax, Engenia and FeXapan in the state.

 

EPA warned state regulators that it did not like this use of 24(c) in the summer of 2018. (See the DTN story here: https://www.dtnpf.com/…). But the agency continued to approve state 24(c) labels for dicamba herbicides for 2019.

 

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