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Courts Allow Use of Purchased Dicamba for the Current Harvest Year


On June 3rd a panel of three judges on the 9th Circuit Court of Appeals ruled against the Environmental Protection Agency and ordered a revocation of the registration of three  herbicides containing dicamba as the active ingredient.  The vacatur was issued in terms of the Federal Insecticide, Fungicide and Rodenticide Act.

Based on the fact that most farmers intending to use products containing dicamba had already purchased their supplies from among the three alternatives, the EPA issued a cancellation order allowing for existing stocks to be used but embargoing new sales and distribution.


On June 19th the 9th Circuit Court of Appeals ruled against a petition by environmental activist groups to prevent all use of dicamba compounds with immediate effect.  In terms of the ruling farmers and commercial applicators are now allowed to use existing stocks, but application must conform to statutory label instructions to prevent drift.  Distribution, sale and transport of the three dicamba products is prohibited unless products are conveyed for disposal or return to an agent for manufacturers, BASF, Cortiva or Bayer.