IDOA Releases Emergency Rule for Over-the-Top Application for Dicamba in 2021.
The Illinois Department of Agriculture (IDOA) has promulgated emergency rules for the over-the-top application of dicamba in the 2021 crop season. The rules were filed with the Joint Committee on Administrative Rules (JCAR). These rules became effective upon their filing on February 5, 2021, and are scheduled to be published in the Illinois Register on February 16, 2021. The emergency rules are effective for a period of 150 days.
The rules enact additional requirements for the federally-approved labels for Engenia, Xtendimax and Tavium. The additional requirements for the 2021 application season are:
- Temperature Restriction: 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.
- Cut-off Date Restriction: 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.
- Any violation of the requirements of this Section shall be considered a use contrary to label directions (precautionary statements, sites, rates, restricted use requirements) and shall be assessed the associated point value of 3 (see Section 24.1 (4)(E)(1) of the Illinois Pesticide Act [415 ILCS 60]) for purposes of determining the appropriate administrative action or penalty authorized by Section 24.1 of the Act.
If you have questions regarding the new restrictions please contact KJ Johnson at KJ@IFCA.COM or call 309-827-2774. Unlike previous years when the Department issued 24(c) Special Local Need Labels to enact additional state restrictions, USEPA declared that additional restrictions must be added through Section 24(a) of FIFRA, which allows a state to make changes through its rulemaking process. To see a copy of the IDOA emergency rulemaking, click here.