The NJDEP Pesticide Program would like to share an important message from USEPA, included below, along with some key points about how the Ninth Circuit US Court of Appeals’ June 3, 2020, vacatur of three pesticide product registrations (containing dicamba as an active ingredient) impacts New Jersey’s regulated community.
- As of June 3, 2020 sales, distribution and purchasing is prohibited for the 3 pesticide products: XtendiMax with vapor grip technology, Engenia, and FeXapan, based on the cancellation of the registrations by USEPA.
- Distribution by the registrant, or anyone other than the registrant, is permitted only for the purposes of proper disposal (i.e. returning the product to the registrant or a registered establishment).
- Use of existing stocks of any of the 3 products previously purchased by licensed growers and commercial applicators is permitted until July 31, 2020 and must be consistent with the previously-approved product label.
- USEPA includes an assessment of the risks from the use of existing stocks in the June 8th final cancellation order provided below.
- Nothing precludes users from stopping use prior to the July 31, 2020 deadline.
- Distribution, sale, or use of the 3 products must be consistent with the USEPA Final cancellation order dated June 8, 2020. Activities inconsistent with the order are considered a violation of FIFRA.
- Where USEPA’s cancellation order allows for the continued use of existing stock until July 31, 2020, NJDEP will maintain the registrations for the 3 products until that time. Notice will be provided to registrants for the termination of the product registrations, as applicable.
Final Cancellation Order for Three Dicamba Products (PDF) (12 pp, 10 MB)
