Upon further review of state law and while awaiting guidance from the U.S. EPA on the ruling of the Ninth U.S. Circuit Court of Appeals regarding dicamba products, the Minnesota Department of Agriculture (MDA) will continue operating under existing pesticide program authorities. According to Minnesota law, an unregistered pesticide previously registered in the state may be used following the cancellation of the registration of the pesticide.
The Minnesota Soybean Growers Association applauded MDA’s directive, which effectively affords farmers protection from legal action by advocacy groups.
“Last week’s ruling couldn’t have come at a worse time for soybean farmers, and we greatly appreciate MDA and Commissioner Petersen’s thoughtful action in protecting Minnesota farmers,” says MSGA Executive Director Joe Smentek, an environmental attorney. “They found a solution that is rooted in law and will afford farmers the most protection from regulatory action.”
At this time Minnesota farmers can use XtendiMax with VaporGrip Technology (EPA Reg. No. 524-617), Engenia Herbicide (EPA Reg. No. 7969-345), and DuPont FeXapan with VaporGrip Technology (EPA Reg. No. 352-913) while following all federal and Minnesota label requirements. (Tavium Plus VaporGrip Technology (EPA Reg. No. 100-1623) was not part of the two-year federal registration and can still be used according to the label).MDA does not anticipate taking enforcement action against those who continue to appropriately use these products. This may change at any time pending additional guidance from EPA.
“The Circuit Court of Appeals decision to revoke the use of these products was, unfortunately, very untimely for our farmers as many had already purchased the herbicide for this growing season,” said MDA Commissioner Thom Petersen. “Timing is critical for farmers to apply the products and our further interpretation of Minnesota law allows us to use these products.”
As a reminder, all dicamba pesticide applicators in Minnesota must follow use instructions on the product label including the timing restrictions below. Dicamba products cannot be applied to dicamba-tolerant (DT) soybeans in Minnesota if any of the following conditions has occurred. Whichever cutoff time occurs first will determine whether a person can apply a given product to DT soybeans until June 20, 2020.
In Minnesota, all four dicamba products are “Restricted Use Pesticides” for retail sale to, and for use only by, certified applicators who have complete dicamba or auxin-specific training.