Tuesday, June 9, 2020

Agricultural Law in the Spotlight - June 9, 2020 Dicamba Update

Dicamba Update: EPA Formally Cancels Product Registrations of Dicamba Products XtendiMax, Engenia and FeXapan

Commercial applicators may apply/distribute existing stock until July 31, 2020

Written By: Brook Duer, Staff Attorney

On June 8, 2020, The U.S. Environmental Protection Agency issued a “Final Cancellation Order,” effective June 3, 2020, of the three product registrations* invalidated by the decision of the U.S. Court of Appeals for the Ninth Circuit.  EPA considers these products no longer to be registered as of June 3, 2020.  EPA's Order announced three applicable rules in effect until July 31. 2020: 

  • For Parties in the distribution chain other than the Registrant: Existing stock already in possession as of June 3, 2020, may be distributed or sold only for the purpose of proper disposal or return to the registrant (or a registered establishment under contract with the registrant) until July 31, 2020. 

  • For Commercial Applicators distribution: Existing stock already in possession as of June 3, 2020, may be distributed until July 31, 2020.  

  • Use: Use (by growers or commercial applicators) of existing stock already in possession as of June 3, 2020, is permitted, consistent with the previously-approved labeling accompanying the product, until July 31, 2020.

 *The registrations are:

  • Xtendimax with Vaporgrip Technology, EPA Reg. No. 524-617

  • Engenia, EPA Reg. No. 7969-345

  • FeXapan, EPA Reg. No. 352-913





This material is based upon work supported by the National Agricultural Library, U.S. Department of Agriculture.




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