On February 6, 2024, the U.S. District Court in Arizona vacated the 2020 registration of over-the-top (OTT) dicamba products. This resulted in several agricultural organizations, including the Farm Bureau, writing letters to EPA urging them to quickly issue an Existing Stocks Order to provide dicamba users with information regarding existing product on hand and in the channels of trade.

On February 14, 2024, EPA issued an Existing Stock Order for OTT dicamba products that allows for limited sale and distribution that applies to product in the possession of growers or in the channels of trade and outside the control of pesticide companies as of Feb. 6, 2024. According to EPA, existing stocks means, “those stocks of previously registered pesticide products that are currently in the United States and were packaged, labeled, and released for shipment prior to February 6, 2024. EPA further notes that under the order, “end users of existing stocks may only use the formerly-registered products consistent with the previously approved labeling for the products and must stop the use of these products by the relevant dates laid out in the Order.” The end date for the use of existing stocks of XtendiMax, Engenia, or Tavium on dicamba-tolerant cotton is July 30, 2024, provided that these products are sold and distributed for that use no later than June 30, 2024.

EPA’s press release regarding the Existing Stocks order can be found here. To read the Existing Stock Order for dicamba click here.