Illinois Department of Ag Files Rules for Use of Dicamba on Soybeans

The Illinois Fertilizer and Chemical Association reports on Dec. 3, the Illinois Department of Agriculture (IDOA) filed rules with the Illinois Secretary of State on dicamba application to soybeans.

The additional restrictions for dicamba use on soybean filed by IDOA are the same restrictions required in 2021. These changes will most likely appear in the December 17, 2021, Illinois Register.  Below is a list of additional restrictions from the filing that mirror the 2021 requirements:
 

Section 250.230 Use of Pesticides Containing Dicamba on Soybeans

In addition to the requirements of the federally approved labels, all use on soybeans of pesticides containing dicamba shall comply with the following requirements:

• Temperature Restriction 
  • A pesticide containing dicamba shall not be applied on soybeans if the air temperature at the field at the time of application is over 85 degrees Fahrenheit or if the National Weather Service's forecasted high temperature for the nearest available location for the day of application exceeds 85 degrees Fahrenheit. Local National Weather Service forecasts are available at https://www.weather.gov.
     
• Cut-off Date Restriction 
  • Application on soybeans of a pesticide containing dicamba shall not be made after June 20 of each year.
     
• Checking Sensitive Crop Registry 
  • Before applying a pesticide containing dicamba on soybeans, the applicator shall consult the FieldWatch sensitive crop registry (https://www.fieldwatch.com) and comply with all associated recordkeeping and label requirements.
     
• Application on soybeans of a pesticide containing dicamba shall not be made if the wind is blowing toward: 
  • Any Illinois Nature Preserves Commission site that is adjacent to the field of application; or
  • An adjacent residential area.
     
• Any violation of the requirements of this Section shall be considered a use contrary to label directions (precautionary statements, sites, rates, restricted use requirements) and shall be assessed the associated point value of 3 (see Section24.1(4)(E)(1) of the Illinois Pesticide Act [415 ILCS 60]) for purposes of determining the appropriate administrative action or penalty authorized by Section 24.1 of the Act.

Click here to view a full copy of the Department’s administrative rule changes that were filed to start the 45-day first notice period with the Secretary of State. For a breakdown of the rulemaking process in Illinois, click here.
 
The U.S. EPA is still reviewing the dicamba federal label for 2022.

IFCA says it hopes to see a decision made very soon, and they believe it is important to make clear that the federal label supersedes any requirements set forth by IDOA. Despite IDOA indicating that there will be no changes from what was required in 2021 for dicamba application OTT of soybean, any changes made to the federal label requiring additional requirements or prohibitions will then need to be observed within Illinois as well.
 
IFCA will remain in communication with IDOA regarding this permanent rule making process.  In 2021, 178 dicamba related complaints were reported to IDOA. This compares to over 700 complaints filed in 2019 and 149 in 2020.  If IDOA desires to seek additional protections, IFCA will work closely with them and urge an expedited decision to provide clarity to the industry ahead of the 2022 crop year.