<< All News Thursday, June 4, 2020

BISMARCK – The United States Court of Appeals for the Ninth Circuit issued a ruling yesterday that immediately banned the registrations of Xtendimax, FeXapan and Engenia, products used in over-the-top applications on Dicamba-tolerant soybeans and cotton. This ruling was based on a determination that the continued registration of the products violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). It immediately bans the sale and use of these products nationwide.

“This ruling could not have come at a worse time for North Dakota farmers and dealers,” Agriculture Commissioner Doug Goehring said. “We are monitoring the developments surrounding this unsettling decision closely and expect an immediate appeal of the ruling along with a request for an emergency stay, which if granted would allow the continued use of the products while the appeal is being heard in court. Sadly, the continued use of these Dicamba products for the 2020 season now depends on the outcome of the request for an emergency stay."

The decision to grant a stay could take weeks and would only allow a narrow window for application if at all. Producers should plan accordingly in case the emergency stay is not granted.

The court’s opinion may be found at https://usrtk.org/wp-content/uploads/2020/06/Court-decision-on-dicamba.pdf

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