Formerly-Registered Dicamba Products - Frequently Asked Questions

On February 14, 2024, EPA released an Existing Stocks Order for Dicamba Products Previously Registered for Over-the-Top Use on Dicamba Tolerant Cotton and Soybean that was subsequently updated on March 12. This Order allows the limited sale and distribution of existing dicamba products that are not currently in the possession of pesticide companies.

This website addresses several questions about the use and sale of formerly-registered dicamba products.

1. Does the existing stocks order allow for use of the formerly-registered dicamba products in states where it was not previously registered for use?
2. How does the existing stocks order impact existing state laws and regulations restricting the sale, distribution, and use of the formerly-registered dicamba products?
3. Can registrants continue to sell and distribute the formerly-registered dicamba products under the existing stocks order?
4. Under the existing stocks order, can products in bulk tanks legally be repackaged and sold?
5. How does the retailer handle custom applications for a grower that are requested after the sale date deadline? Can that product be sold?
6. If the grower calls for a commercial application, but the retailer sends an invoice following the application, what would the official sale date be?
7. Can retailers purchase from wholesale after the “end date for sale and distribution of existing stocks for use” indicated in 2.b of the order?

1. Does the existing stocks order allow for use of the formerly-registered dicamba products in states where they were not previously registered for use? No. The existing stocks order requires these products to be used consistent with all directions for use on the previously approved product labeling. The previously approved product labeling limited use to certain states. For example, the previously approved labeling for Bayer’s XtendiMax product states:

"XtendiMax® With VaporGrip® Technology is approved by U.S. EPA for use in cotton with XtendFlex® Technology and in soybean with Roundup Ready 2 Xtend® Technology or XtendFlex® Technology only in the following states, subject to county restriction as noted: Alabama, Arkansas, Arizona, Colorado, Delaware, Florida (excluding Palm Beach County), Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Ohio, Pennsylvania, South Carolina, South Dakota, Tennessee (excluding Wilson County), Texas, Virginia, West Virginia, Wisconsin."

Therefore, use of these products under the existing stocks order is limited to the states listed on the previously approved labeling. The existing stocks order does not allow for use of the products in states where use was not previously permitted.

2. How does the existing stocks order impact existing state laws and regulations restricting the sale, distribution, and use of the formerly-registered dicamba products? The existing stocks order does not impact any state laws or regulations that further restrict sale and distribution of these products. Where state-specific cut-off dates were part of the previously approved labeling for these products, those cut-off dates were also incorporated into the existing stocks order. In the original version of the existing stocks order, EPA inadvertently included a cut-off date for Arkansas that did not account for Arkansas’s rule prohibiting in crop agricultural use of dicamba after June 30. On March 12, 2024, EPA revised the existing stocks order to include a June 30, 2024 cut-off date for the application of the formerly-registered dicamba products in Arkansas, consistent with the state’s regulations.

3. Can registrants continue to sell and distribute the formerly-registered dicamba products under the existing stocks order? Pursuant to paragraph 2.a of the existing stocks order, sale or distribution by the registrants of the formerly-registered dicamba products is prohibited, except for the purposes of proper disposal or to facilitate lawful export.

4. Under the existing stocks order, can products in bulk tanks legally be repackaged and sold? Under EPA’s February 14, 2024 Existing Stocks Order, parties other than the registrants may continue to sell and distribute the over-the-top dicamba products identified in the order until the date specified in the order. This order does not limit sale or distribution by parties other than the registrants based on whether the product being sold or distributed is from a bulk tank or not. For example, entities such as co-ops and commercial distributors in North Dakota may continue to sell or distribute these over-the-top dicamba products for use on dicamba-tolerant soybean until May 31, 2024, so long as the registrants released the product for shipment before February 6, 2024.

5. How does the retailer handle custom applications for a grower that are requested after the sale date deadline? Can that product be sold? An entity who is selling application of the pesticide and the pesticide itself as a combined service would be considered a commercial applicator for the purposes of the existing stocks order; therefore, the application can be made up to the respective end date for use of existing stocks for each state, according to item 2.c. in the order.

6. If the grower calls for a commercial application, but the retailer sends an invoice following the application, what would the official sale date be?Based on Section 2.b of the existing stocks order, the commercial applicator must have purchased all of the product that they will need by the respective end date for sale by entities such as co-ops and commercial distributors in Tables 1 and 2 of the existing stocks order. Pursuant to Section 2.c of the existing stocks order, the commercial applicator would then be able to apply this product and bill their clients for the application up to the end date for use of existing stocks listed in Tables 1 and 2. For example, an application of these products by a commercial applicator to dicamba-tolerant soybean in Nebraska on June 30, 2024 would need to be invoiced on June 30, 2024 to keep within the window for lawful sale of the product.

7. Can retailers purchase from wholesale after the “end date for sale and distribution of existing stocks for use” indicated in 2.b of the order?No. Only a commercial applicator can legally sell these products after the end date for sale and distribution, meaning that the entity selling the product is selling the product and application as a combined service. In Nebraska, for example, no OTT dicamba products could be sold after May 31st, 2024 for use on soybean crops. The exception would be purchases from a commercial applicator as part of a service to who will then apply the product on or before June 30th. In this example, retail purchases made after May 31 would violate the order.