On June 9 the Illinois Department of Agriculture issued specific guidelines for Illinois for the use of existing stock of dicamba. This follows a decision on June 3, 2020, in National Family Farm Coalition vs. U.S. Environmental Protection Agency, Case No. 19-70115, where the United States Court of Appeals for the Ninth Circuit issued a ruling immediately vacating the registrations of Xtendimax®, FeXapan® and Engenia®, all of which contain the herbicide dicamba. On June 8, 2020, the U.S. Environmental Protection Agency (EPA) issued a final cancellation order for these three dicamba products. The final cancellation order can be found here: https://www.epa.gov/sites/production/files/2020-06/documents/final_cancellation_order_for_three_dicamba_products.pdf.
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. 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 a reminder, the Illinois State Specific Guidelines for Dicamba are as follows.
  1. DO NOT apply this product 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 forecast are available at https://www.weather.gov.)
  2. DO NOT apply this product after June 25, 2020.
  3. Before making an application of this product, the applicator must consult the FieldWatch sensitive crop registry (https://www.fieldwatch.com) and comply with all associated record keeping label requirements.
  4. DO NOT apply when the wind is blowing toward adjacent/neighboring residential areas.
  5. Maintain the label-specified downwind buffer between the last treated row and the nearest downfield edge of any Illinois Nature Preserves Commission site. INPC site locations are available at: https://idnr.maps.arcgis.com/apps/MapSeries/index.html?appid=8217cd3aa26a40f2b8b1c123bd4b0cea.
  6. It is best to apply product when the wind is blowing away from sensitive areas, which include but are not limited to bodies of water and non-residential, uncultivated areas that may harbor sensitive plant species.
A list of frequently asked questions can be found at https://www2.illinois.gov/sites/agr/Pesticides/Pages/DicambaFAQ.aspx
As new information becomes available, the Illinois Department of Agriculture will update their site. For further information visit https://www2.illinois.gov/sites/agr/Pesticides/Pages/Dicamba.aspx.

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