USEPA has issued a cancellation order for Xtendimax, Engenia and FeXapan.  On the evening of June 9, 2020 the Illinois Department of Ag issued this guidance which allows for continued use of Xtendimax, Engenia and FeXapan in Illinois under the USEPA cancellation order, effective immediately.  Here is the IDA's statement:

The EPA’s final cancellation order outlines limited and specific circumstances under which existing stocks of the three affected dicamba products may be used.  Pursuant to the final cancellation order, existing stocks are those which are currently in the United States and which were packaged, labeled, and released for shipment prior to the time of the vacatur order on June 3, 2020.  The EPA’s order permits use of existing stocks of Xtendimax, FeXapan, and Engenia as follows:

a. Distribution or sale by the registrant. Distribution or sale by the registrant of all existing stocks is prohibited effective as of the time of the order on June 3, except for distribution for the purposes of proper disposal.

b. Distribution or sale by persons other than the registrant. Distribution or sale of existing stocks that are already in the possession of persons other than the registrant 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, unless otherwise allowed below.

c. Distribution or sale by commercial applicators. Distribution or sale of existing stocks that are in the possession of commercial applicators is permitted.

d. Use of existing stocks inconsistent in any respect with the previously-approved labeling accompanying the product is prohibited.

Use of existing stocks of these products must be consistent with the previously-approved labeling.  All conditions of IDOA’s registrations under section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) remain in effect, including the prohibition of applications when the forecasted temperature exceeds 85 degrees. However, the June 20, 2020 application cutoff date has been extended to June 25, 2020.          

 As new information becomes available, the Department will provide updates on its website.

IFCA is seeking additional guidance from IDA on details regarding farmer pre-pay, if pesticide dealers who are not custom applicators can continue to distribute product inventory, and details on the status of product at distribution centers that is owned by retailers but may not yet be released for shipment.  We know these details are very important to our members and we will work hard to get those answers for you as soon as possible.  

Please note the June 25 cutoff still requires compliance with the above 85 degree temperature restriction and the additional protections under the Illinois 24c.  Please visit our website here for those restrictions.  

The plaintiffs that filed the case in the 9th Circuit Federal Court are seeking to quash this cancellation order.  We will keep you posted with any developments.  IFCA has provided details on the cancellation order in the bullet points above, but if you wish to read the entire USEPA cancellation order and the explanation for it, click here.  

 

IFCA urges continued stewardship and compliance with the label requirements even in these difficult circumstances.  Much is at stake beyond dicamba use.  The courts are now telling us how to farm, and all pesticide uses are being scrutinized more than ever.  There are also millions of acres of soybean and other plants in Illinois that are sensitive to dicamba.  We must successfully coexist with other growers and property owners and bring down the number of pesticide misuse complaints. 

 

Thank you for your stewardship and compliance efforts; for questions please contact Jean Payne at (309) 826-3236 or jeanp@ifca.com.