On June 8, the U.S. Environmental Protection Agency issued a final cancellation order for three dicamba products in response to the recent court ruling that vacated registration for the products. Although the order intended to clarify the circumstances in which these products can be used, several questions remain unanswered. KDA is in ongoing discussion with the EPA and will provide updated information when we have more answers. 

The order specifically affects these three dicamba products: Engenia, FeXapan, and Xtendimax with Vaporgrip Technology. Other dicamba products are not affected by the order.

Links to the KDA and EPA news releases and the final order are below.

The Kansas Department of Agriculture, along with many other states, has solicited clarification on the EPA’s June 8, 2020, cancellation order. KDA is providing guidance and answers to questions based on our interpretation of the order as it applies to our Kansas regulatory structure and the stated intent in the EPA cancellation order to minimize the negative impact on agriculture and agribusinesses.   *FAQs added 6-11-2020

Updated labels now exist for the following products:

• Engenia® herbicide
• DuPont™ FeXapan™ herbicide Plus VaporGrip® Technology
• Tavium® Plus VaporGrip® Technology
• Xtendimax® with VaporGrip® Technology

Dicamba-tolerant crop postemerge application window:

• DT Soybeans: Only apply from emergence through 45 days after planting or up until R1 (first bloom), whichever comes first.
• DT Cotton: Only apply from emergence through 60 days after planting or up until mid-bloom, whichever comes first,

Endangered species areas and corresponding buffer zones:

• Fields that exist in counties that may harbor endangered terrestrial dicot plant species will require a 110’ downwind buffer and a 57’ buffer on all other sides of the field.
• Endangered Species Protection Bulletins can be found at http://www.epa.gov/espp/ .

Only two postemerge applications can be made in cotton.

Only certified applicators may purchase and apply Engenia herbicide. Those operating under the supervision of a certified applicator may no longer purchase or apply.

Minimum spray volume is now 15 GPA.

Sensitive Areas, Sensitive Crops, and Residential Areas:  

• Each of these areas is clearly distinguished in the label in association with downwind buffer requirements and wind conditions
• "Sensitive Areas" are defined as bodies of water and non-residential, uncultivated areas that may harbor sensitive plant species.
• "Sensitive Crops" are defined as food, forage or other planting grown for sale, use or consumption.
• "Residential Areas" are now combined with "Sensitive Crops."
• DO NOT apply when wind is blowing in the direction of neighboring downwind sensitive crops or residential areas.
• Wind direction may vary during the application. If wind direction shifts such that the wind is blowing toward neighboring sensitive crops or residential areas, the applicator must cease the application

Daytime application hours: Applications can only be made from 1 hour after sunrise until 2 hours before sunset.

Record keeping requirements as part of the RUP: (Updated) 

• Records must be generated within 72 hours of application (previously 14 days). 
• Planting date must also be recorded. 
• Buffer distance calculation must be included.

24-hour rainfall amount: DO NOT apply if expected rainfall amount may exceed soil field capacity and result in runoff in the next 24 hours. 

Recommendation for spray solution pH: It is recommended to test for spray solution pH and add a buffering agent if solution pH is less than 5. (Updated) 

Dicamba or auxin-specific applicator training requirement: All applicators are required to be trained annually. (Updated) 

The new paraquat and dicamba labels are more restrictive than the restricted use pesticide product labels we’re used to. A significant change is that their use is limited to certified applicators. That is, there is no use of these products (e.g., mixing, loading, application) that may be performed by an individual without a current pesticide applicator certification — even if that individual is supervised by someone with a current pesticide applicator certification. This restriction applies to both commercial and private applications.

The KDA pesticide and fertilizer program has made the following determination. In addition to having all uses performed by a holder of a current Kansas 1A certification, a Kansas pesticide business licensee may have any or all uses performed by a holder of a Kansas private certification when those uses are supervised by an employee having a Kansas 1A commercial certification and working out of the same location as the individual being supervised. Names and certification numbers of both must be on the statement of service if the application was made by the private certified applicator and, because the applicator doesn’t have a Kansas 1A commercial certification, he/she must be listed on the pesticide business license as an uncertified applicator. 

BASF: Engenia herbicide training and stewardship

www.engeniastewardship.com. 

Corteva Agriscience: DuPont™ FeXapan® herbicide Plus VaporGrip® Technology training and stewardship

https://www.corteva.us/products-and-solutions/crop-protection/fexapan.html

Monsanto: Stewardship

http://www.xtendimaxapplicationrequirements.com/Pages/default.aspx

Syngenta: Training and stewardship, Tavium Plus VaporGrip Technology Application & Stewardship

http://www.syngenta-us.com/herbicides/tavium-application-stewardship