Dicamba Updates

​February 15, 2024

FAQ's on EPA's Existing Stock Order | Feb. 15, 2024

Background:

  • In October 2020, the U.S. EPA issued a 5-year registration for over-the-top (OTT) dicamba products XtendiMax®, Engenia®, and Tavium®. The EPA stated: "After reviewing substantial amounts of new information, conducting scientific assessments based on the best available science, and carefully considering input from stakeholders, we have reached a resolution that is good for our farmers and our environment."
  • In December 2020, a group of NGOs filed lawsuits challenging the registration. The NGOs argued, among other things, that the EPA did not offer sufficient opportunity for public comment.
  • On Feb. 6, 2024, a U.S. District Court issued a ruling in favor of the NGOs and vacated the registrations based on procedural grounds, finding that the EPA "did not follow the FIFRA notice and comment provisions" when it issued the registrations.
  • On Feb. 14, 2024, in response to the court ruling, the EPA issued an Existing Stocks Order "to allow for limited sale and distribution of dicamba over-the-top (OTT) products that were already in the possession of growers or in the channels of trade and outside the control of pesticide companies as of February 6, 2024," according to the EPA.

We welcome the EPA's swift action so customers who have already invested in XtendiMax® can continue to use and benefit from the technology this season. Our top priority is that growers have the products and support they need to have a successful season.

All growers planning to use XtendiMax® this season must read the EPA's Existing Stocks Order.

We will continue to keep customers updated via our website here.

Below you will find FAQs and responses you may use with your customers. If you have any questions about this topic, please do not hesitate to contact us at 1-844-RRXTEND (1-844-779-8363).

FAQs

The below FAQs cover the existing stock order, Feb. 6, 2024, U.S. District Court Ruling and dicamba training.

Existing Stock Order & Feb. 6, 2024, U.S. Court Ruling

Where can growers get guidance on how to comply with the EPA's order?
First, all growers and applicators planning to use XtendiMax® herbicide or other low volatility dicamba products should review the EPA's Existing Stock Order. 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.

Can Registrants still ship or sell XtendiMax® herbicide that are their existing stocks?
No, except for the limited purpose of disposal or facilitate lawful export. See the Existing Stocks Order, page 10, Section 2.a. ​​​

a. Sale or distribution by the registrants. As of February 6, 2024, sale or distribution by the registrants of these products is prohibited, except for the purposes of proper disposal or to facilitate lawful export. ​

Can others in the Channel still ship or sell XtendiMax® herbicide that are their existing stock?
Yes, subject to certain terms in the order. See the Existing Stocks Order, page 10, Section 2.b. and c.

b. Sale or Distribution by Persons other than the R​egistrants. Persons other than the registrants, including but not limited to co-ops and commercial distributors, who are already in possession of these products as of  February 6, 2024, may sell or distribute these products until the end date for sale and distribution of existing stocks identified in Table 1; except that such persons may distribute these products after the date identified in Table 1 solely for purposes of proper disposal, lawful export, or to facilitate return to the manufacturer.​​

c​. Distribution or Sale by Commercial Applicators.  Notwithstanding paragraph 2.b, for the purpose of facilitating use no later than the relevant end date for use of existing stocks identified in  Table 1, distribution or sale of existing stocks of these dicamba products that are in the possession of commercial applicators is permitted until the relevant end date for use in Table 1.​​

​State(s)
End Date for Sale & Distribution of Existing Stocks for Use (2.b)
End Date for Use of Existing Stocks (2.c & 2.d)*
​IA, IL, IN
​​​​
  • Sale & Distribution of XtendiMax, Engenia, or Tavium: May 13, 2024​
  • Use of XtendiMax, Engenia, or Tavium: June 12, 2024, or V4 growth stage (soybean) or 1st square growth stage (cotton) in 2024, whichever comes first
MN
  • Sale & Distribution of XtendiMax, Engenia, or Tavium to Purchasers South of I-94: May 13, 2024​
  • Sale & Distribution of XtendiMax, Engenia, or Tavium to Purchasers North of I-94: May 31​, 2024
  • Use of XtendiMax, Engenia, or Tavium south of I-94: June 12, 2024​
  • Use of XtendiMax, Engenia, or Tavium north of I-94: June 30, 2024​
SD
  • Sale & Distribution of XtendiMax, Engenia, or Tavium: May 21, 2024​
  • Use of XtendiMax, Engenia, or Tavium: June 20, 2024​
​AL, AZ, AR, CO, DE, FL (excluding Palm Beach County), GA, KS, KY, LA, MD, MI, MS, MO, NE, NJ, NM, NY, NC, ND, OH, OK, PA, SC, TN (excluding Wilson County), TX, VA, WV, WI
​​
  • Sale & Distribution of XtendiMax, Engenia, or Tavium for Use on Dicamba-Tolerant Soybean: May 31, 2024​
  • Sale & Distribution of XtendiMax, Engenia, or Tavium for Use on Dicamba-Tolerant Cotton: June 30​, 2024
​​
  • Use of XtendiMax, Engenia, or Tavium on Dicamba- Tolerant Soybean: June 30, 2024​
  • Use of XtendiMax, Engenia, or Tavium on Dicamba- Tolerant Cotton​: July 30, 2024​

Can XtendiMax® be used in the 2024 Growing season?
Yes. See Existing Stocks Order, pg. 10, Section 2.d. (See above Table 1)

d. ​ ​Use of Existing Stocks. ​As of the date of this order, use of XtendiMax, Engenia, and Tavium is permitted until the relevant date identified in Table 1, provided that such use of existing stocks is consistent in all respects with the previously approved labeling accompanying the product.

Can custom applicators sell or invoice XtendiMax® herbicide up until the use date?
Yes. See Existing Stocks Order, pg. 10, Section 2.c.

c. Distribution or Sale by Commercial Applicators. ​Notwithstanding paragraph 2.b, for the purpose of facilitating use no later than the relevant end date for use of existing stocks identified in Table 1​​, distribution or sale of existing stocks of these dicamba products that are in the possession of commercial applicators is permitted until the relevant end date for use in Table 1​.

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 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.

What about the 2025 season?
We will be working diligently with the EPA and other stakeholders to help ensure growers have the tools and support they need in 2025 and beyond.

Can growers continue to plant Roundup Ready 2 Xtend® soybeans and XtendFlex® cotton and soybeans?
Yes. The court's ruling does not impact growers' ability to purchase or plant Roundup Ready 2 Xtend® soybeans, XtendFlex® soybeans or XtendFlex® cotton seed.

Does the court's ruling impact DiFlexx® or DiFlexx® DUO herbicides?
No. The court's ruling does not impact DiFlexx® or DiFlexx® DUO herbicides.

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. 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 technology, 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.​

Is Bayer continuing to sell and ship XtendiMax® this season?
To comply with the EPA's order, we have stopped the sale and distribution of Xtendimax® this season. At this point in the season, and with the amount of product already in existing stocks, we expect 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.

Do we expect this to have any impact on import and export of soybeans or cotton?
There are no changes or impacts to MRLs (tolerances) in the Court's ruling or EPA order​.

Does the trait agreement for the Roundup Ready 2 Xtend® or XtendFlex® traits allow a grower to use a traditional formulation of dicamba (high volatility product) to be applied pre-emergent or in a burndown situation?
Bayer's Technology Use Agreement for cotton and soybean products containing the Roundup Ready 2 Xtend® and XtendFlex® traits restricts in-crop use to only approved, low volatility dicamba formulations. All herbicides should be used in accordance with their label. Pesticide labels are legally binding, and all farmers and applicators are required by law to read and follow all pesticide product labeling.

What is the plant-back restriction for other dicamba herbicides?
Please refer to each individual pesticide product label for instruction on use and any restrictions. All herbicides must be used in accordance with their label. Pesticide labels are legally binding, and all farmers and applicators are required by law to read and follow all pesticide product labeling.

What was the court's justification for vacating the label?
​The Court vacated the registrations on procedural grounds. The court found "the EPA did not follow FIFRA notice and comment provisions" when issu​ing the registrations.

​​Dicamba Training FAQs

Do I still have to take dicamba training for the 2024 spray season?
Dicamba training remains mandatory for farmers and applicators who plan to use dicamba formulations approved for use with Roundup Ready® Xtend Technology in the 2024 season. Please visit RoundupReadyXtend.com/stewardship for available training opportunities.

If I completed dicamba training prior to February 6, 2024, is my training certificate valid for the 2024 season?
If you completed dicamba training prior to February 6, 2024, your training certificate is valid for the 2024 season without additional training measures.

What label do I use if I intend to spray XtendiMax® this season?
According to the EPA, "EPA has issued an Existing Stocks Order to allow for limited sale and distribution of dicamba OTT products that were already in the possession of growers or in the channels of trade and outside the control of pesticide companies as of February 6, 2024. The order also prohibits the use of these dicamba products except where the use is consistent with the previously approved labeling [accompanying the product]."

If I have not been trained, do I still have to go through training?
Training for the 2024 season is mandatory for those applying over the top formulations of dicamba formulations approved for use with Roundup Ready® Xtend Technology. Please visit RoundupReadyXtend.com for the most up to date information.

What types of dicamba training are available when training resumes?
Three training methods are available for farmers and applicators who plan to use dicamba formulations approved for use with Roundup Ready® Xtend Technology. (1) self-paced online training; (2) guided webinar training, and (3) and in-person training.

Select states (e.g., FL, GA, KY, NC, OK, TN, and TX) offer dicamba training, as part of broader training programs, and they may continue training. For more information on the training offered contact your state's Department of Ag Pesticide Division.

Please visit RoundupReadyXtend.com/stewardship for additional training information.

When will dicamba training resume for the 2024 season?
The next scheduled Webinar is Wednesday, February 21, 2024. Registration is now live. Computer-based training will be available by the week of February 19, 2024. Please reach out to your field sales representative for in-person training opportunities. Please visit RoundupReadyXtend.com/stewardship to register and complete online training.

Where am I able to send a question about dicamba training?
Please send questions regarding training to training.questions@bayer.com

Does the existing stocks order affect any State or Federal cutoff dates for the use of XtendiMax®?
No, but please reference the EPA's existing stocks order for details.

Do I still have to keep records when I spray dicamba in 2024?
Proper record keeping is still required.


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