Updates related to the Order issued by the United States District Court for the District of Arizona can be found here: https://www.engeniaherbicide.com/update.html

Engenia® Herbicide Update

Engenia herbicide is the most flexible and advanced version of dicamba herbicide for dicamba-tolerant soybeans and cotton. Without dicamba-based products, farmers are estimated to lose up to $10 billion in soybean and $800 million in cotton yields annually.

 

Below you will find statements and Q&As related to the Order issued on February 6, 2024 by the United States District Court for the District of Arizona and the Order issued by the U.S. EPA on February 14, 2024.  This website will be kept up to date with relevant information.

Statement on Arizona District Court Order

RESEARCH TRIANGLE PARK, N.C., February 6, 2024 - BASF is aware of the Order issued on February 6, 2024, by the United States District Court for the District of Arizona vacating the federal registration of Engenia® herbicide and two other dicamba-based herbicides. Most soybean and cotton farmers have made seed and chemistry purchase decisions and, in some cases, are preparing to plant their 2024 crop in the coming weeks. As a result, this Order may threaten the livelihoods of soybean and cotton farmers who rely on over-the-top dicamba to control resistant weeds.

Read full statement

 

Statement on EPA Order

RESEARCH TRIANGLE PARK, N.C., February 14, 2024 - BASF acknowledges the U.S. EPA’s EPA Order for the Disposition of Existing Stocks (the “EPA Order”) issued on February 14, 2024, that conditionally allows the use of existing stocks of Engenia® herbicide by growers and commercial Applicators, as well as the sale and distribution of Engenia herbicide that was packaged, labeled, and released for shipment prior to February 6, 2024.  

Read full statement

 

Statement on EPA Notice of Receipt of Proposed BASF OTT Dicamba Label

RESEARCH TRIANGLE PARK, N.C., June 4, 2024 - On June 4, 2024,  the Environmental Protection Agency (EPA) published a Notice of Receipt and a copy of the proposed BASF dicamba label for over-the-top (OTT) and other uses on dicamba-tolerant soybeans and cotton.  The Notice of Receipt is available at Regulations.gov. It is important to note that any final product label approved by the EPA may differ from the current label proposal.  BASF remains committed to working with regulatory authorities and other stakeholders throughout this process so OTT uses of dicamba remain an option for farmers in the future. 

The 30-day public comment period is a crucial step in ensuring that the voices of interested stakeholders are heard and considered in the EPA’s assessment, and we encourage farmers and industry stakeholders to contribute their insights and perspectives on the use of dicamba as a valuable tool in controlling resistant weeds.  The proposed label can be found at Regulations.gov.  The docket for EPA’s Notice of Receipt is posted at: Regulations.gov

As a reminder, Compliance with EPA’s Existing Stocks Order and the label instructions is required by law.  In-season, on-target applications and proper stewardship remain essential to help support the future availability of dicamba labeled for OTT uses.

 

EPA Order for the Disposition of Existing Stocks - Table 1 (Updated based on March 12, 2024 revision)

State(s) End Date for Sale & Distribution of Existing Stocks for Use (2.b) End Date for Use of Existing Stocks (2.c & 2.d)*

IA, IL, IN
  • Sale & Distribution of Engenia: May 13, 2024
  • Use of Engenia: June 12, 2024, or V4 growth stage (soybean) or 1st square growth stage (cotton) in 2024, whichever comes first
MN
  • Sale & Distribution of Engenia to Purchasers South of I-94: May 13, 2024
  • Sale & Distribution of Engenia to Purchasers North of I-94: May 31, 2024
  • Use of Engenia south of I-94: June 12, 2024
  • Use of Engenia north of I-94: June 30, 2024
SD
  • Sale & Distribution of Engenia: May 21, 2024
  • Use of Engenia: June 20, 2024
AL, AZ, CO, DE, FL (excluding Palm Beach County), GA, KS, KY, LA, MD, MI, MS, MO, NE, NJ, NM, NY, NC, ND, OH, OK, PA, SC, TN (excluding Wilson County), TX, VA, WV, WI
  • Sale & Distribution of Engenia for Use on Dicamba-Tolerant Soybean: May 31, 2024
  • Sale & Distribution of Engenia for Use on Dicamba-Tolerant Cotton: June 30, 2024
  • Use of Engenia on Dicamba-Tolerant Soybean: June 30, 2024
  • Use of Engenia on Dicamba-Tolerant Cotton: July 30, 2024

 

EPA Order for the Disposition of Existing Stocks - Table 2 (Added based on March 12, 2024 revision)

State End Date for Sale & Distribution of Existing Stocks for Use (2.b) End Date for Use of Existing Stocks (2.c & 2.d)**

AR
  • Sale & Distribution of Engenia: May 31, 2024
  • Use of Engenia: June 30, 2024
     

 

 

Q&A Arizona Court Order and EPA Order

BASF is working to provide the most up-to-date and relevant information in a timely manner related to the Arizona District Court’s Order. As this situation continues to evolve, we will update this page as necessary. The information below is current as of May 1, 2024.

 

 

Can BASF sell Engenia herbicide?

BASF stopped selling and shipping Engenia herbicide on February 6, 2024 as a result of the Arizona Court’s order.  EPA’s February 14, 2024 Order prohibits BASF from resuming sales of Engenia herbicide.

 

Can growers and custom applicators use Engenia herbicide?

The EPA’s Order issued on February 14, 2024 allows the use of Engenia herbicide and it must be consistent with the previously-approved label and must be done no later than the date set forth in Tables 1 or 2 of the EPA’s Order. 

 

Can retailers and distributors continue to sell Engenia herbicide?

The EPA Order for the Disposition of Existing Stocks issued on February 14, 2024 allows for retailers and distributors to continue to sell Engenia herbicide through the date set forth in Tables 1 or 2 of the EPA’s Order. 

 

Can commercial applicators continue to distribute and sell existing stocks of Engenia herbicide?

The EPA’s Order issued on February 14, 2024 stated that “for the purpose of facilitating use no later than the relevant end date for use of existing stocks identified in Tables 1 or 2, distribution or sale of existing stocks of these dicamba products that are in the possession of commercial applicators is permitted until the relevant end date for use in Tables 1 or 2."

 

Will BASF submit another label for over-the-top (OTT) use of a dicamba-based herbicide?

BASF is evaluating post-emergence uses of a dicamba-based herbicide for dicamba-tolerant soybean and cotton systems. Any OTT post-emergence use pattern of a dicamba-based herbicide would require a new label submission which can take up to 36 months to go through the typical registration review process.

 

Does this Order affect products like Status® herbicide or Clarity® herbicide?

This Order does not impact Status herbicide or Clarity herbicide. To be clear, Status herbicide and Clarity herbicide are not labeled for use on dicamba-tolerant soybeans and cotton. Use of Status herbicide or Clarity herbicide on dicamba-tolerant soybeans or cotton would be illegal. Under no circumstances does BASF tolerate, support or encourage off-label use of any of our products. We remind applicators to always read and follow label directions.

 

Does this Order affect dicamba-tolerant seed products made available by BASF?

This Order does not affect the U.S.D.A.’s deregulation of the event conferring dicamba-tolerance on DT seed, including BASF-branded dicamba-tolerant seed. BASF is reviewing what if any, changes should be made with respect to how its dicamba-tolerant seed is sold going forward.