2020 Season Updates

Updated: July 8, 2020

EPA takes action after Court ruling on XtendiMax® Herbicide registration

On June 8, 2020, the U.S. Environmental Protection Agency (EPA) issued an order in response to the U.S. Court of Appeals for the Ninth Circuit’s June 3, 2020, ruling that vacated current U.S. registrations of certain low-volatility dicamba products, including XtendiMax® herbicide with VaporGrip® Technology. The Court ruled in favor of a petition challenging the EPA’s 2018 registration decision. The subsequent action by the EPA provides, among other things, that “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.”

The EPA’s order addresses the use, sale, and distribution of existing stocks of XtendiMax herbicide and the other low-volatility dicamba products impacted by the Court’s ruling. Click here for the EPA’s full order – see page 11 for key details.

We welcome the EPA’s swift action to provide that customers who have already invested in XtendiMax and the Roundup Ready® Xtend Crop System can continue to protect their crops from difficult-to-control weeds.

We will keep www.roundupreadyxtend.com/xtendimaxupdates updated with the latest information for our customers. Our top priority is making sure all our customers have the support they need to have a successful season.

The Court’s June 3 ruling pertains specifically to the EPA’s 2018 registration decision, which expires in December 2020. The EPA is currently reviewing Bayer’s submission in support of a new registration for XtendiMax® herbicide with VaporGrip® Technology for the 2021 season and beyond. Bayer’s submission included multiple new data and analyses, including by independent academics, which will allow EPA to make a science-based decision on a new XtendiMax® herbicide registration.

Know that Bayer stands fully behind XtendiMax herbicide. We are proud of our role in bringing innovations like XtendiMax forward to help growers safely, successfully, and sustainably protect their crops from weeds. We will continue working with the EPA, growers, academics, and others to provide long-term access to this important tool.

Frequently Asked Questions


Where can growers get guidance on how to comply with the EPA’s order?
First, all growers planning to use XtendiMax or other low volatility dicamba products should review the EPA’s announcement and order (see page 11 for key details). Local crop protection retailers are a good resource to confirm, among other things, whether products qualify as “existing stocks” under the EPA’s order. Industry and commodity organizations, as well as state agriculture departments, are also good resources to provide clarity on the EPA’s order. We will keep this webpage updated as developments occur and as new resources become available. We will continue to share as much information as possible to help our customers have a successful season.

What will Bayer do to support growers still impacted by the court’s ruling?
At this point in the season, and with the amount of product already in existing stocks, we expect the vast majority of growers who planned to use XtendiMax or other low-volatility dicamba products this season will be able to use these tools while complying with the EPA’s order. We will keep this webpage updated as developments occur and as new resources become available.

Does the court’s ruling impact the 2021 season and beyond?
The court’s ruling pertains specifically to the EPA’s 2018 registration decision, which was set to expire in December 2020. The EPA is currently reviewing Bayer’s submission in support of a new registration for XtendiMax® herbicide with VaporGrip® Technology for the 2021 season and beyond. Bayer’s submission included multiple new data and analyses, including by independent academics, which will allow EPA to make a science-based decision on a new XtendiMax® herbicide registration. Bayer stands fully behind XtendiMax® herbicide, and we will continue to work with the EPA, growers, academics, and others to provide long-term access to this important herbicide.

Does the court’s ruling impact Bayer PLUS incentives?
No. Bayer PLUS Rewards will be implemented as originally communicated for the 2020 season. More details are available here.

Can growers continue to plant Roundup Ready 2 Xtend® soybeans and XtendFlex® cotton?
Yes. The court’s ruling does not impact growers’ ability to purchase or plant Roundup Ready 2 Xtend® soybean or XtendFlex® cotton seed. The court’s ruling pertains specifically to the EPA’s 2018 registration decision for certain low-volatility dicamba products. Any use of dicamba in the Xtend System must be in accordance with the product label and the EPA’s order.

Does the court’s ruling impact Bayer’s plans for XtendFlex® soybeans?
No. The court’s ruling does not change our plans for XtendFlex® soybeans. We continue to plan and prepare for a large-scale commercial launch in North America for 2021. More details available here.

Does the court’s ruling impact DiFlexx® or DiFlexx DUO herbicides?
No. The court’s ruling does not impact DiFlexx® or DiFlexx DUO herbicides. The court’s ruling pertains specifically to the EPA’s 2018 registration decision for certain low-volatility dicamba products. DiFlexx and DiFlexx DUO herbicides were not part of the EPA’s 2018 registration decision. More details are available here.

Why was Tavium® not impacted by the court’s ruling?
The court’s ruling pertains specifically to the EPA’s 2018 registration decision for certain low-volatility dicamba products. Tavium®, a Syngenta product, was not part of the EPA’s 2018 registration decision.

Does the court’s ruling impact growers outside the U.S.? Where else is XtendiMax approved?
The court’s ruling does not impact registrations outside the U.S. The ruling pertains specifically to the U.S. EPA’s 2018 registration decision.

Outside the U.S., XtendiMax is also currently approved for use in Canada.

Do you remain confident in this technology?
Absolutely. Bayer stands fully behind our Xtend System, including the seeds, traits, and XtendiMax herbicide. We are proud of our role in bringing innovations like these forward to help growers safely, successfully, and sustainably grow healthy crops. Our Xtend System will continue to evolve and play an important role in Bayer’s portfolio and in modern agriculture going forward.

What is the background on the court’s ruling? How did this come about?
In 2019, a petition was filed in the U.S. Court of Appeals for the Ninth Circuit against the EPA for its decision in 2018 to extend the registration of low-volatility dicamba products, including XtendiMax. The petition was filed by the National Family Farm Coalition, Center for Food Safety, Center for Biological Diversity, and Pesticide Action Network North America. The petitioners requested the court to vacate the current U.S. registrations of certain low-volatility dicamba products, including XtendiMax. The petitioners claim the EPA’s 2018 registration decision was based on insufficient evidence and therefore violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). In April 2020, the court heard oral arguments on the petition. The EPA defended its science-based registration decision. While this petition was brought against the EPA, Bayer joined the case as an intervenor and helped defend the EPA’s science-based decision. On June 3, 2020, the U.S. Court of Appeals for the Ninth Circuit issued a ruling that vacates current U.S. registrations of certain low-volatility dicamba products, including XtendiMax. Subsequently, on June 8, 2020, the U.S. EPA issued the order in response to the court’s ruling.

*No dicamba may be used in-crop with seed in the Roundup Ready® Xtend Crop System, unless and until approved or specifically permitted by the U.S. EPA and the appropriate state agency for such use. As of 7/10/20, no dicamba formulations are currently registered by the U.S. EPA for in-crop use with seed in the Roundup Ready® Xtend Crop System in the 2021 season. Current stocks of low-volatility dicamba herbicides XtendiMax® herbicide, Engenia® herbicide and Fexapan® herbicide previously approved for in-crop use with seed in the Roundup Ready® Xtend Crop System may not be used after July 31, 2020. Dicamba may harm crops that are not tolerant to dicamba. Contact the U.S. EPA and your state pesticide regulatory agency with any questions about the approval status of dicamba herbicides products for in-crop use with seed in the Roundup Ready® Xtend Crop System.

NOTICE: DO NOT APPLY ANY HERBICIDE TO SEED IN THE ROUNDUP READY® XTEND CROP SYSTEM UNLESS IT HAS A PRODUCT LABEL SPECIFICALLY AUTHORIZING THAT USE. TO USE A HERBICIDE IN ANY MANNER INCONSISTENT WITH ITS LABELING IS A VIOLATION OF FEDERAL LAW. REFER TO THE BAYER TECHNOLOGY USE GUIDE FOR DETAILS AND RECOMMENDATIONS ON USING APPROVED ROUNDUP® AND LIBERTY® BRANDED HERBICIDES ON SEED IN THE ROUNDUP READY® XTEND CROP SYSTEM.

ALWAYS READ AND FOLLOW IRM, WHERE APPLICABLE, GRAIN MARKETING AND ALL OTHER STEWARDSHIP PRACTICES AND PESTICIDE LABEL DIRECTIONS. All trademarks are the property of their respective owners. ©2020 Bayer Group. All rights reserved.

*Commercialization is dependent on multiple factors, including successful conclusion of the regulatory process. The information presented herein is provided for educational purposes only, and is not and shall not be construed as an offer to sell, or a recommendation to use, any unregistered pesticide for any purpose whatsoever. It is a violation of federal law to promote or offer to sell an unregistered pesticide.

Bayer is a member of Excellence Through Stewardship® (ETS). Bayer products are commercialized in accordance with ETS Product Launch Stewardship Guidance, and in compliance with Bayer’s Policy for Commercialization of Biotechnology-Derived Plant Products in Commodity Crops. Commercialized products have been approved for import into key export markets with functioning regulatory systems. Any crop or material produced from this product can only be exported to, or used, processed or sold in countries where all necessary regulatory approvals have been granted. It is a violation of national and international law to move material containing biotech traits across boundaries into nations where import is not permitted. Growers should talk to their grain handler or product purchaser to confirm their buying position for this product. Excellence Through Stewardship® is a registered trademark of Excellence Through Stewardship.

ThryvOn™ Technology is not currently available for commercial sale or commercial planting. Commercialization is dependent on multiple factors, including successful conclusion of the regulatory process. The information presented herein is provided for educational purposes only, and is not and shall not be construed as an offer to sell. It is a violation of federal law to promote or offer to sell an unregistered pesticide.

XtendiMax® herbicide with VaporGrip® Technology is part of the Roundup Ready® Xtend Crop System and is a restricted use pesticide. ALWAYS READ AND FOLLOW PESTICIDE LABEL DIRECTIONS. It is a violation of federal and state law to use any pesticide product other than in accordance with its labeling. XtendiMax® herbicide with VaporGrip® Technology may not be approved in all states and may be subject to use restrictions in some states. Check with your local product dealer or representative or U.S. EPA and your state pesticide regulatory agency for the product registration status and additional restrictions in your state. For approved tank-mix products and nozzles visit XtendiMaxApplicationRequirements.com.

NOT ALL formulations of dicamba, glyphosate or glufosinate are approved for in-crop use with products with XtendFlex® Technology. NOT ALL formulations of dicamba or glyphosate are approved for in-crop use with Roundup Ready 2 Xtend® soybeans. ONLY USE FORMULATIONS THAT ARE SPECIFICALLY LABELED FOR SUCH USES AND APPROVED FOR SUCH USE IN THE STATE OF APPLICATION. Contact the U.S. EPA and your state pesticide regulatory agency with any questions about the approval status of dicamba herbicide products for in-crop use with Roundup Ready 2 Xtend® soybeans or products with XtendFlex® Technology.

B.t. products may not yet be registered in all states. Check with your seed brand representative for the registration status in your state.

The RRXtend Spray App provides forecasts for locations within the contiguous United States. Do not use this app for forecasts outside the contiguous United States. Forecasts are for planning purposes only and are not a substitute for checking actual weather conditions at your location at the time of application and comply with the product label and other legal requirements.

Roundup Ready® Technology contains genes that confer tolerance to glyphosate. Roundup Ready® 2 Technology contains genes that confer tolerance to glyphosate. Products with XtendFlex® Technology contains genes that confer tolerance to glyphosate, glufosinate and dicamba. Roundup Ready 2 Xtend® soybeans contain genes that confer tolerance to glyphosate and dicamba. Glyphosate will kill crops that are not tolerant to glyphosate. Dicamba will kill crops that are not tolerant to dicamba. Glufosinate will kill crops that are not tolerant to glufosinate. Contact your seed brand dealer or refer to the Monsanto Technology Use Guide for recommended weed control programs.

Insect control technology provided by Vip3A is utilized under license from Syngenta Crop Protection AG. Not all products are registered in all states and may be subject to use restrictions. The distribution, sale, or use of an unregistered pesticide is a violation of federal and/or state law and is strictly prohibited. Check with your local dealer or representative for the product registration status in your state. Channel® and the Arrow Design® is a registered trademark of Channel Bio, LLC. LibertyLink® and LibertyLink® and the Water Droplet Design® are trademarks of BASF Corporation. Respect the Refuge® is a registered trademark of National Corn Growers Association. Bayer, Bayer Cross, Bollgard II®, Bollgard®, Fontanelle Hybrids and Design®, Fontanelle Hybrids®, Gold Country Seed®, Hubner Seed & Design™, Hubner Seed™, Jung Seed Genetics & Design®, Jung Seed Genetics™, Kruger Seeds and Design™, Kruger Seeds™, Lewis Hybrids and Design®, Lewis Hybrids™ , REA Hybrids and Design™, Rea Hybrids™ , Respect the Refuge and Cotton Design®, Roundup PowerMAX®, Roundup Ready 2 Xtend®, Roundup Ready 2 Yield®, Roundup Ready®, Specialty and Design®, Specialty Hybrids™, Stewart and Design™, Stewart Seeds™, Stone Seed & Design™, Stone Seed™, ThryvOn™, VaporGrip®, Warrant®, XtendFlex® and XtendiMax® are trademarks of Bayer Group. All other trademarks are the property of their respective owners. © Bayer Group. All Rights Reserved.

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