Illinois Fertilizer & Chemical Association
Supply · Service · Stewardship

Court Allows EPA Existing Stock Provisions to Remain

On Friday, judges in California with the Ninth Circuit Court of Appeals ruled against a petition to halt all use of Engenia, FeXapan and XtendiMax dicamba herbicides. Instead, it will allow farmers to use existing stocks of the dicamba products under specific rules of EPA’s cancellation order.
EPA’s final cancellation order on the three dicamba formulations provided the following guidance:

•Distribution or sale is prohibited unless it’s for product disposal or returns to the registrant (BASF, Corteva or Bayer).
Farmers and commercial applicators can use the existing stocks in their possession as of June 3, 2020, when the Court mandate took effect. Applications must be in line with previously approved labels, including temperature restrictions, windspeed restrictions and application date cutoffs.
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