What does EPA’s existing stocks order mean for farmers who use dicamba?

On Feb. 14, 2024, EPA issued an existing stocks order for the distribution and use of over- the-top (OTT) dicamba products whose registrations were vacated on Feb. 6 by the federal court decision in Arizona.

What does existing stocks order mean for farmers?

According to the order, existing stocks means those stocks of previously registered pesticide (XtendiMax, Engenia, and Tavium) packaged, labeled, and ready for shipment prior to Feb. 6, 2024. This means that agricultural co-ops, commercial distributors, and others, who were in possession of these products on Feb. 6 may sell and distribute OTT dicamba using deadlines that vary by state. Read the full order here.

Agriculture industry reaction

Bayer responded to the news from EPA saying, “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.”

Commodity groups are also responding to the news. Josh Gackle, ASA president and soybean farmer from North Dakota, said, “The court’s decision on dicamba instantly left tens of millions of acres of U.S. farmland in limbo — and in limbo a matter of weeks before spring planting. We appreciate the certainty EPA’s existing stocks order provides to farmers from North Dakota, where I farm, all the way to Florida and everywhere in between. This ruling potentially affects more than 50 million acres of dicamba-tolerant soybeans and cotton — an area larger than the state of Nebraska.We are very appreciative of EPA’s decision to let us get through the 2024 growing season by using any product already in the delivery pipeline.”