As the sun rose on June 4, 2020 and the dust began to settle, dicamba sales were officially put on pause.
This was the day after the U.S. Court of Appeals for the Ninth District gave its afterhours ruling that made the active EPA labels for Xtendimax, Engenia and FeXapan invalid. And this court decision came right in the middle of application season for the products.
The Agricultural Retailers Association shared with members, “we would advise ceasing applications of Xtendimax, Engenia and Fexapan until advised by the registrants that it is legal to do so.”
In reaction to the ruling and its subsequent mandate, statements from state associations and retail outlets detailed that immediately, none of the three products would be used, sold or distributed.
Many are using the word “pause” to describe the halt in use and sales. The use and sale of the three products may resume if an appeal suspends the court decision, or it’s vacated by a higher court or reversed.
This is while the industry waits for EPA to share its guidance. On Friday morning, ARA sent a letter to EPA’s administrator Andrew Wheeler stating: “On behalf of our retailer and distributor members, the Agricultural Retailers Association (ARA) strongly urges the U.S. Environmental Protection Agency (EPA) to immediately appeal this federal court ruling using all legal avenues available to obtain a Stay of this overreaching court order and to apply longstanding “existing stocks” procedures to the cancellation.”
Right now, retailers are focusing on offering their agronomic resources to help growers find alternatives for this growing season. Some have already outlined plans for refunds on products.
Syngenta’s Tavium is not included in this ruling. In a statement the company provided it advised: “Syngenta continues to fulfill orders for Tavium.”
Here’s a selection of statements from ag retailers:
Effective immediately, we are pausing the sale and application of dicamba herbicides including Engenia, FeXapan and XtendiMax in response to the pulling of the labels of dicamba registrations. Contact your nearest location or strategic account manager for more information. pic.twitter.com/aE61vttarS
— MKC (@midkscoop) June 4, 2020
Effective immediately, CVA is pausing the sale and application of dicamba herbicides Engenia, FeXapan, and XtendiMax. As the situation progresses, we will adjust accordingly. Please contact your CVA Field Sales Agronomist for more information.
— Central Valley Ag (@CentralValleyAg) June 4, 2020
Read More: https://t.co/8Tfr3A8tSS pic.twitter.com/rd6EJECxX1
The U.S. Court of Appeals issued a mandate that the dicamba registration be vacated, meaning the EPA registrations are no longer valid for XtendiMax, FeXapan and Engenia. Read more: https://t.co/9EijbWSTU4 pic.twitter.com/PRaNxSrvLA
— Agtegra (@agtegra) June 4, 2020
— WCAS (@WCAgServices) June 4, 2020
Effective Immediately: Stop Use, Sale and Distribution of 3 #Dicamba Products in Illinois.
— Illinois Fertilizer & Chemical Association - IFCA (@ILFERTCHEM) June 4, 2020
IDA legal counsel has looked at the US 9th Circuit Court ruling on dicamba, and believes it clearly calls for the stop of use, sale and distribution.
Story here: https://t.co/ctVFMgPVCd pic.twitter.com/kr5nHDXvwq
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