On June 3, 2020, the Ninth Circuit Court of Appeals vacated the registrations of XtendiMax®, FeXapan™, and Engenia®. The Court did not vacate the registration of Tavium®, an RUP dicamba/S-metolachlor premix.
On June 8, 2020, the EPA issued a cancellation order that
outlines limited and specific circumstances under which existing stocks of the three affected dicamba products can be used for a limited period of time. Key details of this order are:
Distribution or sale [of the three products] by any person is generally prohibited except for ensuring proper disposal or return to the registrant[s].
Growers and commercial applicators may use existing stocks [of the three products] that were in their possession on June 3, 2020, the effective date of the Court decision. Such use must be consistent with the product's previously-approved label, and may not continue after July 31, 2020.
Dicamba-specific training must still be completed prior to using any of these products.
Training taken in 2019 will not carry over to 2020. Training opportunities include university-provided sessions and registrant-provided sessions approved by the Nebraska Dept. of Agriculture (NDA).
Please visit NDA's dicamba page for:
- The list of dicamba-certified applicators
NOTE: A certificate of completion is not required by NDA or EPA to confirm dicamba training. NDA's list of dicamba-certified applicators is regularly updated online and is the only way to confirm an applicator has received dicamba training.
- A list of dicamba training opportunities
- Product labels, tank mix and nozzle information, and more
Online University Training
In addition to the in-person training sessions listed on NDA's website, UNL's online dicamba training program will satisfy the 2020 training label requirement for the four RUP dicamba products.
Out-of-state reciprocity: Please contact your state's pesticide regulatory agency to determine if your state will accept Nebraska's RUP dicamba training.
RUP Dicamba Resources
The following is a list of tools and resources that can help you use the RUP dicamba products safely, legally, and effectively in Nebraska.
Recordkeeping Form – 2020 RUP Dicamba Application (PDF 71 KB)
This form includes all required record components for an application of XtendiMax®, Engenia®, FeXapan™, or Tavium®. No specific recordkeeping format is required as long as all required information is recorded. An RUP dicamba recordkeeping guidance document has also been developed to assist the recordkeeping process.
2020 FAQ for Dicamba Herbicides (FeXapan™, Engenia®, XtendiMax® and Tavium®) – CropWatch
Get answers to the most frequently asked questions about using RUP dicamba in 2020.
DriftWatch – Sensitive Crop Registry
As part of the recordkeeping requirements for the four products, you must document that you checked a sensitive crop registry before the application. It is recommended that you use DriftWatch for this purpose. Because growers of sensitive crops are not required to register their sites on DriftWatch, do not assume that all sensitive crops are included on the map.
NOTE: In addition to checking a sensitive crop registry, you are also required to scout around the application site for sensitive areas.
EPA Bulletins Live! Two – Endangered Species Protection
In order to protect threatened/endangered species and their habitat, you are required to check EPA's Bulletins Live! Two no more than 6 months prior to the application to determine if your application site is in a use-restriction area. NDA recommends consulting the website about 1 month before the planned application. Use of the four products within these use-restriction areas requires a 57-foot, omnidirectional buffer (in all directions) around the field being treated. Details are listed in the bulletin itself, which can be printed and included as part of your application recordkeeping.
NOAA Solar Calculator
The labels restrict the time of day during which applications may take place. No applications are allowed until one hour after sunrise has passed. In addition, no applications are allowed within two hours of sunset or thereafter. The National Oceanic Atmospheric Administration's (NOAA) Solar Calculator provides a way to determine the precise (and official) sunrise and sunset times for your location on any given date.
NOTE: This tool does not automatically factor in daylight savings time (DST). If using this tool for a date between March 8 and October 31, 2020, you must click the box next to
DST? to adjust the time accordingly.
Systems and apps intended to provide weather forecasts or up-to-the-minute weather conditions can be helpful when planning a pesticide application. However, they cannot provide information precise enough to satisfy requirements for the RUP dicamba products. Measurements of air temperature, wind speed, and wind direction must be taken by the applicator in-field, at boom height, at both the start and finish of the application.