By Vipan Kumar (1), Michael Helms (2), Mike Hunter (3), Mike Stanyard (4)

1 School of Integrative Plant Sciences -Soil and Crop Sciences Section, Cornell  University, Ithaca, NY 14853, 2 Cornell Pesticide Safety Education Program, 3 Field Crops IPM Coordinator, New York State Integrated Pest Management Program (NYSIPM), Redwood, NY, 4 Cornell Cooperative Extension Northwest New York Dairy, Livestock, and Field Crops Program

On February 06, 2024, the U.S. district court in Arizona vacated 2020 registrations of three dicamba containing products (XtendiMax, Engenia and Tavium) for over-the-top (OTT) applications in dicamba-tolerant (Xtend and XtendFlex) soybean. In response to the U.S. district court ruling, the EPA issued an Existing Stock Order on February 14, 2024, that allows limited sale, distribution, and use of these dicamba OTT products that were already in the possession of growers, distributors or in the channels of trade and outside the control of pesticide companies as of February 06, 2024.

According to this Existing Stock Order, the manufacturers/registrants are no longer allowed to distribute these dicamba products in the US other than for disposal or lawful export. However, any dealer with an existing stock may sell these dicamba products until May 31, 2024 (cutoff date in New York (NY)). If soybean producers and applicators in NY are planning to grow Xtend or XtendFlex soybean and thinking to use these dicamba products in 2024 growing season, they should consider the following important points:

• Only three dicamba containing products (XtendiMax, Engenia and Tavium) are labelled for OTT applications in Xtend or XtendFlex soybean.
• Only certified applicators (private or commercial) are allowed to use XtendiMax, Engenia and Tavium herbicides for OTT applications in Xtend or XtendFlex soybean.
• NY growers and applicators must read and understand the EPA's Existing Stocks Order on the use of XtendiMax, Engenia and Tavium herbicides for OTT applications in Xtend or XtendFlex soybean.
• Product that dealers had on hand prior to February 06, 2024 can be sold or distributed in NY through May 31, 2024 (the cutoff date for NY).
• Applicators are allowed to use existing stocks of these dicamba products for OTT applications in Xtend or XtendFlex soybeans until June 30, 2024 (cutoff application date for NY).
• The NY registrations for XtendiMax, Engenia and Tavium herbicides are set to expire on July 31, 2024. Unfortunately, there are no CleanSweepNY programs currently scheduled for 2024, so alternative disposal options may need to be found.
• Mandatory dicamba training: Applicators must take mandatory annual dicamba training before applying XtendiMax, Engenia and Tavium herbicides in Xtend or XtendFlex soybean. These online dicamba trainings are offered by following manufacturers/registrants:
  • BASF
  • Bayer
  • Syngenta

Training is reciprocal across brands and applicators only need to take one dicamba-specific training each year (i.e. only one training session either from BASF, Bayer or Syngenta). Contact your local dealer for further information.

• Note that other dicamba-containing products (e.g. Banvel, Clarity and the many generics) are not labelled for OTT applications in Xtend or XtendFlex soybeans. However, some glyphosate products (Roundup PowerMax, Durango, etc.) can be used in OTT applications in Xtend or XtendFlex soybeans. Some glufosinate (Liberty) products can only be used for OTT applications in XtendFlex soybean, not in Xtend soybean.

Disclaimer: Brand names appearing in this publication are for product identification purposes only. Persons using such products assume responsibility for their use in accordance with current label directions of the manufacturer.