IDOA Statement on USEPA Cancellation Order-Use of Existing Stock
June 3, 2020, in National Family Farm Coalition vs. U.S. Environmental
Protection Agency, Case No. 19-70115, 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
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
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
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.
U.S. EPA Cancellation Order for Dicamba Products Frequently Asked Questions
information becomes available, the Department will provide updates on its
State-Specific Restrictions for Dicamba on Soybeans in 2020
The Illinois Department of Agriculture (IDOA) announced additional label restrictions for the 2020 growing season for the herbicide dicamba. After careful consideration the Department has forwarded 24 (c) registration requests to the United States Environmental Protection Agency (USEPA) for Illinois specific labels for the use of dicamba on soybeans in 2020 requiring the following additional provisions:
- 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
- DO NOT apply this product after June 20, 2020.
- 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.
- DO NOT apply when the wind is blowing toward adjacent/neighboring residential areas.
- 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:
- 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.
“The number of off-target complaints received during the 2019 growing season rose dramatically, and the Department is taking action to reduce those numbers,” said John Sullivan, Director, IDOA. “These additional restrictions were reached after careful consideration with our Environmental Programs team at the Department, as well as input from stakeholders in the agriculture industry.”
In addition to these provisions’, applicators must follow the federal guidelines when it comes to applying dicamba, including taking an annual certified applicator training course.
The intent of these additional restrictions is to reduce the potential for off-target movement of this product, thereby reducing the potential for possible adverse impacts to dicamba-sensitive crops/areas. Dicamba is primarily used on soybeans to control post-emergence broadleaf weeds. The decision to pursue state-specific Special Local Needs (SLN) labels was made in response to the record number of misuse complaints the IDOA received during the past three years.
Special Dicamba Training
Label revisions for 2019/2020 require specialized training for users as outlined in this section.
On October 31, 2018, USEPA issued revised labels for the three Dicamba-containing products that are labeled for use on soybeans: Engenia (BASF), XtendiMax (Monsanto), and FeXapan (DuPont). At this time, it is a violation of the Illinois Pesticide Act and the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) to apply any other Dicamba products in a post-emerge application to soybeans.
There are several significant changes in these product labels for use in crop years 2019 and 2020, including:
- Two-year registration (until December 20, 2020);
certified applicators may apply dicamba over the top (those working under the supervision of a certified applicator may no longer make applications);
- Prohibit over-the-top application of dicamba on soybeans 45 days after planting and on cotton 60 days after planting;
- For cotton, limit the number of over-the-top applications from 4 to 2 (soybeans remain at 2 OTT applications);
- Applications will be allowed only from 1 hour after sunrise to 2 hours before sunset;
- In counties where endangered species may exist, the downwind buffer will remain at 110 feet and there will be a new 57-foot buffer around all other sides of the field to protect sensitive areas (the 110-foot downwind buffer applies to all applications, not just in counties where endangered species may exist);
- Clarify training period for 2019 and beyond, ensuring consistency across all three products;
- Enhanced tank clean-out instructions for the entire system;
- Enhanced label to improve applicator awareness on the impact of low pH's on the potential volatility of dicamba;
- Label clean up and consistency to improve compliance and enforceability;
If you plan to apply these products to soybeans in 2020, the Illinois Department of Agriculture will require all users of these products to adhere to all label requirements including completion of a training program that utilizes training materials developed by the registrants of the products, namely Bayer/Monsanto, BASF, or Corteva/DuPont or Syngenta, LLC.
Dicamba-specific training is required prior to applying these products in the 2020 growing season and each growing season thereafter. If you received dicamba-specific training last year, you must still complete the training again in 2020.
Training administered by a representative of one of the four registrants will be offered in a classroom setting. Online training will also be accepted. Details of online training will be posted by registrants on their respective web sites.
Training Locations & Dates
The available classroom training dates and locations for Dicamba training through IFCA and IDOA are featured at https://ifca.com/IllinoisDicambaTraining. The industry is working to make training opportunities available after the private applicator training and testing clinics for 2020. The aforementioned website will be updated with training dates and locations as they become available, so please visit it regularly and register to attend a session at your earliest convenience. . At this time, in-person classroom training sessions are no longer available as a precaution against the spread of COVID-19. Any of the on-line training programs listed below can be utilized to provide certification for using dicamba in 2020.
Those who participate for the entire training class will receive a certificate of completion that can be utilized as proof of training for recordkeeping purposes.
Thank you for participating in 2020 Dicamba training. If you have questions about this program, please review the Frequently Asked Questions (https://ifca.com/IllinoisDicambaTraining/FAQs) or call 217/785-2427.
Certificates - Lost or Never received
If you have already taken the Dicamba training class and you did not receive your certificate by email or if you accidentally deleted the email. First, check your spam or junk email folder. If you still cannot find the certificate, please contact the company which hosted the training. Monsanto: 844-779-8363 or BASF: 888-789-1361.