Ninth Circuit Court’s Dicamba Decision Leaves Farmers Without a Critical Weed Management Tool

Iowa Secretary of Agriculture Mike Naig issued the following statement in response to the EPA’s cancellation order on three dicamba product registrations. This announcement comes after the U.S. Court of Appeals for the Ninth Circuit vacated the EPA’s dicamba product registration on June 3.

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“I’m very disappointed in the Ninth Circuit Court’s decision to overturn the EPA’s approval of dicamba products,” said Secretary Naig. “The Court’s decision has left farmers without a critical weed management tool at the same time they are treating growing crops. I’m grateful that EPA recognized the hardship this places on our farmers and issued an order allowing them to use existing stocks to finish out the 2020 growing season.”

The EPA’s order addresses the sale, distribution, and use of existing stocks of XtendiMax with vapor grip technology, Engenia and FeXapan.

  1. Distribution or sale by any person is generally prohibited except for ensuring proper disposal or return to the registrant.
  2. Growers and commercial applicators may use existing stocks that were in their possession on June 3, 2020, the effective date of the Court decision. Such use must be consistent with the product’s previously-approved label, and may not continue after July 31, 2020.

Dicamba is an important weed management tool that Iowa farmers use to protect their crops against water hemp, a weed commonly found in Iowa fields. Iowa State University has provided a list of alternative herbicide products farmers can use this growing season. Farmers can also consult with their ag retailer or supplier to identify additional weed management solutions.

More details about the EPA’s regulatory guidance can be found at epa.gov.

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