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Official Statement on Use of Over-the-Top Dicamba Products
Official Statement on Use of Over-the-Top Dicamba Products

On June 3, 2020, the U.S. Court of Appeals for the Ninth Circuit rendered a decision which vacated the federal registrations of three of the four dicamba products that had previously been approved for use on dicamba-tolerant (DT) soybeans. This decision has caused tremendous uncertainty for soybean producers and pesticide dealers during an agronomically critical time of year.  It is estimated that around 40 to 50 percent of the soybean crop planted in Ohio are dicamba tolerant varieties. The specific products impacted are:  XtendiMax with VaporGrip Technology, Engenia Herbicide, and DuPont FeXapan with VaporGrip Technology. Tavium plus VaporGrip Technology for use on DT soybeans was not covered by this ruling. 

In response to the decision, on June 8, 2020, the United States Environmental Protection Agency (US EPA) issued a Final Cancellation Order that outlines specific circumstances under which existing stocks of the three affected dicamba products can be used. The registration of these products in Ohio expires on June 30, 2020.  After careful evaluation of the court’s ruling, US EPA’s Final Cancellation Order, and the Ohio Revised Code and Administrative Code, as of July 1, 2020 these products will no longer be registered or available for use in Ohio unless otherwise ordered by the courts.  

While use of already purchased product is permitted in Ohio until June 30, 2020, the Court’s decision and US EPA’s order makes further distribution or sale illegal, except for ensuring proper disposal or return to the registrant. Application of existing stocks inconsistent with the previously approved labeling accompanying the product is prohibited.  If you have questions about returning unused products, please reach out to your pesticide dealer’s representative. 

For additional questions, please email pesticides@agri.ohio.gov or call 614-728-6394, and visit ODA’s website for updates.