By Naworaj Acharya
Minnesota Department of Agriculture, Reviewed by Sally Raymond, Extension Educator and Commercial/Noncommercial Pesticide Applicator Program Manager, and Tana Haugen-Brown, Extension Educator and Private Pesticide Applicator Program Manager, PSEE.
On February 6, 2024, the U.S. District Court of Arizona vacated the federal registrations of three over-the-top (OTT) dicamba products, XtendiMax® (EPA Reg. No. 264-1210), Engenia® (EPA Reg. No. 7969-472), and Tavium® (EPA Reg. No. 100-1623). These products were previously registered with the Environmental Protection Agency (EPA) for over-the-top (OTT) use on dicamba-tolerant (DT) soybeans and cotton. The court decision makes it illegal to sell, distribute, or use these products in the United States for the 2025 growing season.
As a result of the court decision, XtendiMax®, Engenia®, and Tavium® products are no longer registered for use in Minnesota in 2025. Minnesota's Pesticide Control Law prohibits the sale, distribution, or use of pesticides that are not registered within the state (Minn. Stat. 18B.26). Violations may result in enforcement actions, including fines and penalties.
Other dicamba products currently registered with the Minnesota Department of Agriculture (MDA) for use in agricultural and non-agricultural sites, including fallow cropland, pastures, and conservation reserve programs, are not impacted by the court ruling.
Following the 2024 court ruling that vacated previous registrations, the pesticide registrants submitted new product proposals that include OTT application of dicamba on DT soybeans. The revised labels propose new use patterns and stricter restrictions aimed at reducing off-target movement and crop damage. Because the applications involved a new use pattern for dicamba, the EPA opened a 30-day public comment period on these proposed products. With the public comment periods for these applications now closed, the EPA is now reviewing the submitted comments and evaluating the submissions with the proposed label changes. Should the EPA determine that these applications meet the standard for registration of a new use under the Federal Insecticide, Fungicide, and Rodenticide Act, the EPA will provide a separate opportunity for public comment on the proposed decision at a future time. The future availability of these products will depend on the EPA’s re-registration decisions.
Disposal or return of existing stocks of OTT dicamba products
Sale, distribution, and use of existing stock of XtendiMax®, Engenia®, and Tavium® is no longer allowed, except for distribution intended solely for returning them to the registrants or for proper disposal. If you have OTT dicamba products that need to be disposed of, check with your dealer, co-operative, or ag retailer to see if they will take back products. If they will not, please use the MDA's Waste Pesticide Collection Program. For larger volumes (over 300 pounds), call MDA’s Jane Boerboom at 612-214-6843.
Diversify your weed management program
OTT dicamba was used to control broadleaf weeds, particularly those resistant to glyphosate and other herbicides, in DT soybeans in Minnesota. The loss of this tool emphasizes the need for diversified weed management, including a combination of preemergence residual and postemergence herbicides with multiple sites-of-action to reduce resistance development and broaden weed control. University Extension crop and pest management guides below provide valuable information on various weed control options, although these guides may not be specific to Minnesota. Always consult the MDA's registered product search tool to verify that any pesticide products you plan to use is registered in Minnesota. Always read and follow label instructions carefully before using any pesticide. The Label Is The Law!
Source : umn.edu