On June 3, the 9th Circuit Court of Appeals vacated the federal registration for three dicamba products: Bayer (formerly Monsanto) XtendiMax, DuPont’s FeXapan, and BASF’s Engenia.
Pesticides that are not registered are not legal to be sold in the United States, and this decision has created uncertainty as to whether farmers who have already purchased these products can use them. In limited circumstances, the U.S. Environmental Protection Agency can issue an order to allow for the use and distribution of existing stocks of a pesticide with a canceled registration. Farm Bureau is advocating to the agency to issue such an order for these products.
The Ohio Department of Agriculture released this statement about the ruling:
ODA is aware of the 9th Circuit Court of Appeals decision which ordered the U.S. Environmental Protection Agency (USEPA) to vacate the registration of three of the four dicamba products that had previously been approved for use on dicamba tolerant (DT) soybeans. Those products are: XtendiMax with VaporGrip Technology (EPA Reg. No. 524-617), Engenia Herbicide (EPA Reg. No. 7969-345), DuPont FeXapan with VaporGrip Technology (EPA Reg. No. 352-913). ODA has requested that the USEPA provide guidance about what this ruling means for soybean producers and pesticide dealers in Ohio and nationally. ODA will communicate options for farmers when additional information is obtained from USEPA regarding the legal status of these products. At this time, the Department has not taken any action with respect to these products. However, the status of these products may change as additional information is received and the Department further evaluates them. Please visit ODA’s website for updates.
This story will be updated as information develops.
Bayer has also created a website for growers to receive the latest updates on the situation.