NYS DEC Clarifies Dicamba Court Decision

On June 3, 2020, the United States Court of Appeals for the Ninth Circuit vacated the EPA’s registration of three products containing the active ingredient dicamba which effectively cancelled their federal registrations.
The three products are:
    • Xtendimax with Vaporgrip Technology, EPA Reg. No. 524-617;
    • Engenia, EPA Reg. No. 7969-345; and
    • FeXapan, EPA Reg. No. 352-913.
On June 8, 2020, in response to the Court’s decision, the EPA issued a Cancellation Order (https://www.epa.gov/sites/production/files/2020-06/documents/final_cancellation_order_for_three_dicamba_products.pdf) for these three products.
In light of the Court’s decision associated with these registrations and the provisions of  the EPA’s Cancellation Order to implement that decision, NYS DEC is taking the following actions:
Registrations. The registrations of the three products will be cancelled as of July 31, 2020 in accordance with the provisions of ECL Section 33-0713. Thirty days notice will be provided to the registrants of these products.
Distribution or Sale. Distribution or sale of existing stocks of the three products shall be limited as follows:
    • Distribution or sale by registrants is prohibited immediately, except for distribution for the purposes of proper disposal.
    • Distribution or sale of products that are already in the possession of someone other than the registrant is permitted only for disposal or to facilitate return to the registrant or a registered establishment.
    • Distribution or sale by commercial applicators is permitted to facilitate use no later than July 31, 2020.
Use. All use, including storage of open containers, is prohibited after July 31, 2020.
Questions about dicamba may be directed to pesticidecompliance@dec.ny.gov or ppr@dec.ny.gov or by calling 518-402-8727.
New York State Department of Environmental Conservation
625 Broadway, Albany, NY 12233-7254
P: 518-402-8748 | F: 518-402-9024| www.dec.ny.gov |
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