EPA cancels registration of three dicamba products
LANSING – On June 8, 2020, the U.S. Environmental Protection Agency (EPA) canceled the registrations of three dicamba products (Xtendimax, Engenia, and FeXapan) labeled for use on dicamba-tolerant soybeans and cotton. The cancelations follow an opinion released by the United States 9th Circuit Court of Appeals on June 3, in which the court vacated these registrations after finding EPA violated the Federal Insecticide, Fungicide, and Rodenticide Act when it issued conditional registrations for these products in 2018.
The EPA’s cancelation order requires the following related to distribution, sale, and use of Xtendimax, Engenia, and FeXapan:
- Distribution or sale by the registrant: Distribution or sale by the registrants Bayer, BASF, and Corteva of all existing stocks of Xtendimax, Engenia, and FeXapan is prohibited, except for distribution for the purpose of proper disposal.
- Distribution or sale by commercial applicators: Distribution or sale of existing stocks of Xtendimax, Engenia, and FeXapan in the possession of commercial applicators is permitted through July 31, 2020.
- Distribution or sale by others: Distribution or sale of existing stocks of Xtendimax, Engenia, and FeXapan that are already in possession of persons other than those listed above is permitted only for the purposes of proper disposal or to facilitate return to the registrant or a registered establishment under contract with the registrant.
- Use: Use of existing stocks of Xtendimax, Engenia, and FeXapan inconsistent in any respect with the previously approved labeling accompanying the product is prohibited. All use is prohibited after July 31, 2020.
To ensure legal distribution, sale, and use of Xtendimax, Engenia, and FeXapan can occur in accordance with EPA’s cancelation order, the Michigan Department of Agriculture and Rural Development (MDARD) will maintain the state registrations of these products until July 31, 2020, or until all legal distribution has ceased.
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