On June 3, 2020, the United States Court of Appeals for the Ninth Circuit issued a decision to immediately vacate the registration of three dicamba products (Xtendimax, Engenia and FeXapan). This unprecedented decision during the middle of the application season has had a devastating impact on many South Dakota producers.
The South Dakota Department of Agriculture is designated as the lead agency for the regulation of pesticide use and application, as well as licensing and training applicators, overseeing worker protection, and registering pesticides for sale in South Dakota. In this role, the SDDA must regulate the sale and use or these products in accordance with the court’s order to vacate those product registrations. Until further guidance is provided by the U.S. Environmental Protection Agency (EPA) or the courts on the status of those product registrations, sale and use of those impacted products must be discontinued immediately.
The SDDA sent the following letter to Secretary Wheeler to urge EPA to make their next steps quickly so that producers and state regulatory agencies may plan accordingly.
