EPA Provides Update on Over-the-Top Uses of Dicamba

Published: Feb. 14, 2024

On February 14th, the Environmental Protection Agency (EPA) issued an Existing Stocks Order for dicamba products previously registered for over-the-top (OTT) use on dicamba-tolerant cotton and soybean.

In their announcement, EPA recognized that “millions of gallons of OTT dicamba had already entered the channels of trade prior to February 6, 2024,” and, “most growers have already placed orders for dicamba-tolerant seed for the 2024 growing season and, given the timing of these registrations being vacated, are not able to pivot to another herbicide-tolerant seed and herbicide system.”

In the official document, EPA outlines use of XtendiMax, Engenia and Tavium is permitted until the relevant dates identified below:

  • Sale & Distribution of XtendiMax, Engenia, or Tavium for Use on Dicamba-Tolerant Soybean: May 31, 2024
  • Use of XtendiMax, Engenia, or Tavium on Dicamba-Tolerant Soybean: June 30, 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 Cotton: July 31, 2024

This announcement follows the Arizona Federal court’s decision on February 6th to vacate the registration of three dicamba products – XtendiMax, Engenia, and Tavium. In his opinion, U.S. District Federal Judge David Bury determined the EPA did not afford notice or comment when it issued “new use” registrations for cotton and soybean dicamba-tolerant crops in 2020. In response, Tennessee Farm Bureau, American Farm Bureau, other commodity organizations, and members of Congress implored EPA to grant an existing stocks order for these products.

“We appreciate EPA’s timely response to this critical issue for Tennessee’s cotton and soybean producers,” said Tennessee Farm Bureau President Eric Mayberry. “With the 2024 planting season just around the corner, this existing stocks order prevents Tennessee farmers from dealing with the impact of purchasing costly, last-minute alternatives to the dicamba products they’ve already secured for this year’s growing season.”

Read EPA’s full announcement and view more details about the existing stocks order here.