On February 6th, 2024 the registration of the three dicamba products labeled for over-the-top applications (OTT) in soybean were vacated by a federal court in Arizona. Read more about this in the previous C.O.R.N. newsletter, “Dicamba registration vacated.”
On February 14th, the EPA issued an existing stocks order, which stated that dicamba ordered, packaged, and ready for shipment prior to the registration vacation can be sold and used in the upcoming growing season. An in-depth overview of this order can be found here, “EPA issues "existing stocks" order for over-the-top dicamba use.”
In Ohio, the dates for sale and use of existing stocks of XtendiMax, Engenia, or Tavium for use on dicamba-tolerant soybean (ordered or in possession as of February 6th, 2024) are as follows:
- May 31st, 2024 – last date for sale and distribution
- June 30th, 2024 – last date for use
At present, preemergence applications remain legal and only OTT applications are in question. There are a few potential next steps based on the history of these types of cases. The court could be asked to review the existing stocks order in an effort to remove the ability for OTT use in 2024. Another possibility is an appeal of the initial court order by the EPA, which the agency must file within 30 days of the February 6 federal court decision.
If you would like more frequent updates about this evolving situation, we will be releasing legal and weed management information related to this situation on our respective websites.
- Click this link to subscribe to the OSU Weed Management website - subscribe button on the right-hand side of the page.
- Click this link to subscribe to the Farm Office blog - subscribe button on the right-hand side of the page.
For questions related to this topic or other weed management concerns, reach out to Alyssa Essman at essman.42@osu.edu or (614) 247-5810.