“Existing stocks” refers to supplies of crop protection products that were previously registered, currently present in the United States, and packaged, labeled, and made available for sale before the court order. Orders regarding existing stocks can permit sales or distribution that would otherwise be prohibited and restrict usage that would otherwise be legal. They may also include limitations or conditions on sales, distribution, or usage as determined by the EPA to ensure consistency with the objectives of FIFRA.
“In light of the court’s order, EPA is issuing this existing stocks order to authorize limited sale and distribution of existing stocks that are already in the possession of persons other than the registrant. Further, under this order, end users of existing stocks must use the formerly-registered products consistent with the previously approved labeling for the products and must cease use of these products by the relevant date identified in Table 1,” the EPA said in a news release.
Industry-wide, dealers and farm organizations voiced their support for the order
“We appreciate the EPA’s clear and timely guidance that allows for Tavium to be available to growers for use this season. The EPA’s order provides clear guidance to growers, retailers, and distributors on the end dates for sale, distribution and use of Tavium. EPA properly weighed the concerns of growers and other stakeholders and correctly concluded that the limited sale, distribution and use of Tavium is consistent with the purposes of FIFRA,” said Syngenta.
“We welcome the EPA’s swift action so customers who have already invested in XtendiMax can continue to use and benefit from the technology this season. Our top priority is that growers have the products and support they need to have a successful season,” wrote Bayer.
“We are grateful to EPA for hearing farmers’ and ranchers’ concerns and addressing them quickly to ensure we have access to the critical tools needed to protect our crops this season. Without EPA stepping in, farmers and ranchers across the country were facing uncertainty and financial risk,” wrote the AFBF. “Farmers are committed to the safe use of all crop protection tools, and many had already made planting decisions with dicamba-tolerant crop systems in place for the season. We rely on science-based guidance from EPA, and we appreciate the agency standing by farmers and science in this decision today.”