May 8, 2024
The below FAQs cover Bayer's Plans for after the 2024 season, Existing Stock Order & Feb. 6, 2024, U.S. District Court Ruling, Future Bayer Business-Related Questions and Dicamba Training. New questions that have not been featured in previous FAQs can be found within each topic can be found under the heading, "NEW QUESTIONS."
The EPA's Existing Stocks Order ensures customers who have XtendiMax herbicide on farm or with an applicator can continue to use and benefit from the technology in 2024 as provided for in the Order.
We stand fully behind the technology and believe growers should continue to have access to vital crop protection tools. In preparation for the 2025 season, Bayer made a new submission to the EPA to register a low volatility dicamba product for use with dicamba tolerant soy and cotton.
Bayer, grower groups, and others have expressed to the EPA the importance of a timely review so growers can have access to the technology in 2025.
Our new submission includes some proposed label changes, which we believe are necessary to make a timely EPA approval possible.
It is important to note that any final product label approved by the EPA may be different than our current label proposal. We will continue to work with grower groups and customers while we seek a label that fits their needs.
On May 3, 2024, the EPA issued a Notice of Receipt for our new submission and also posted a copy of our new label proposal online. The EPA also opened a 30-day public comment period to give interested stakeholders sufficient opportunity to provide input and perspective early in the registration process. We encourage growers and others to participate in this public comment period to help emphasize and explain the importance of the technology.
The next steps in this registration process are up to the EPA. We hope the EPA will continue to move swiftly so growers have access to the technology in time for the 2025 season.
To be clear: The EPA's Existing Stocks Order ensures customers who have XtendiMax herbicide on farm or with an applicator can continue to use and benefit from the technology in 2024 as provided for in the Order. Our new label proposal is for after 2024.
We stand fully behind the technology, and we are doing everything we can to get the best possible label for growers for 2025 and beyond.
Meanwhile, it will be very important that growers and applicators have another successful season with over-the-top dicamba use in 2024. As always, label compliance is absolutely essential and required by law. Let's all do our part.
Bayer submitted a product registration application to EPA for use of a low-volatility dicamba formulation in dicamba-tolerant soybean and cotton as an "additional food use" under the Pesticide Registration Improvement Act (PRIA) framework. This submission falls under PRIA Category R170, which assigns a final registration decision due date, referred to as a “Decision Review Time,” of 17 months for that category.
It is important to recognize that while the Decision Review Time establishes maximum deadlines under PRIA, it does not in any way prevent EPA from issuing a decision in a shorter time frame. EPA has discretion to accelerate pesticide registration decision-making, provided it meets applicable statutory and regulatory requirements for registration. Put another way, there is no statutory mandate obligating the EPA to hold its decision until the end of the Decision Review Time delineated by PRIA – and no “minimum” time for issuance of a pesticide registration decision.
We welcome the EPA's swift action so customers who have already invested in XtendiMax® can continue to use and benefit from the technology this season. Our top priority is that growers have the products and support they need to have a successful season.
All growers planning to use XtendiMax® this season must read the EPA's Existing Stocks Order.
We will continue to keep customers updated via our website here.
Below you will find FAQs and responses you may use with your customers. If you have any questions about this topic, please do not hesitate to contact us at 1-844-RRXTEND (1-844-779-8363).
What was the court's justification for vacating the label? The Court vacated the registrations on procedural grounds. The court found "the EPA did not follow FIFRA notice and comment provisions" when issuing the registrations.
Which products are affected by this ruling? XtendiMax, Engenia, Tavium herbicides are the only products impacted by this ruling.
Which crops are affected by this ruling? Prior to the ruling, XtendiMax, Engenia and Tavium were only registered for use in dicamba-tolerant soy and cotton crops.
Does this affect DiFlexx & DiFlexx DUO? No, this ruling only impacts XtendiMax, Engenia, Tavium herbicides.
Does this affect only Arizona? No, this is a federal ruling impacting all states where XtendiMax, Engenia and Tavium herbicides were previously registered for use.
Does this affect Canada? No, this does not affect Canada. This is a United States only ruling.
Does the court's ruling impact growers outside the U.S.? Where else is XtendiMax approved? The court's ruling does not impact registrations outside the U.S. Outside the U.S., XtendiMax is also currently approved for use in Canada.
Where can growers get guidance on how to comply with the EPA's order? First, all growers and applicators planning to use XtendiMax herbicide or other low volatility dicamba products should review the EPA's Existing Stock Order. Local crop protection retailers are a good resource to confirm, among other things, whether products qualify as "existing stocks" under the EPA's order. Industry and commodity organizations, as well as state agriculture departments, are also good resources to provide clarity on the EPA's order. We will keep this webpage updated as developments occur.
Can Registrants still ship or sell XtendiMax herbicide that are their existing stocks? No, except for the limited purpose of disposal or facilitate lawful export. See the Existing Stocks Order, page 10, Section 2.a.
a. Sale or Distribution by the Registrants. As of February 6, 2024, sale or distribution by the registrants of these products is prohibited, except for the purposes of proper disposal or to facilitate lawful export.
Can others in the Channel still ship or sell XtendiMax herbicide that are their existing stock? Yes, subject to certain terms in the order. See the Existing Stocks Order, page 10, Section 2.b. and c.
b. Sale or Distribution by Persons other than the Registrants. Persons other than the registrants, including but not limited to co-ops and commercial distributors, who are already in possession of these products as of February 6, 2024, may sell or distribute these products until the end date for sale and distribution of existing stocks identified in Table 1; except that such persons may distribute these products after the date identified in Table 1 solely for purposes of proper disposal, lawful export, or to facilitate return to the manufacturer.
c. Distribution or Sale by Commercial Applicators. Notwithstanding paragraph 2.b, for the purpose of facilitating use no later than the relevant end date for use of existing stocks identified in Table 1, 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 Table 1.
Sale & Distribution of XtendiMax, Engenia, or Tavium to Purchasers South of I-94: May 13, 2024
Sale & Distribution of XtendiMax, Engenia, or Tavium to Purchasers North of I-94: May 31, 2024
Use of XtendiMax, Engenia, or Tavium south of I-94: June 12, 2024
Use of XtendiMax, Engenia, or Tavium north of I-94: June 30, 2024
AL, AZ, AR, CO, DE,
FL (excl. Palm Beach County), GA, KS, KY, LA, MD, MI, MS, MO, NE, NJ, NM, NY, NC, ND, OH, OK, PA, SC, TN (excl. Wilson County), TX, VA, WV, WI
Sale & Distribution of XtendiMax, Engenia, or Tavium for Use on Dicamba-Tolerant Soybean: May 31, 2024
Sale & Distribution of XtendiMax, Engenia, or Tavium for Use on Dicamba-Tolerant Cotton: June 30, 2024
Use of XtendiMax, Engenia, or Tavium on Dicamba- Tolerant Soybean: June 30, 2024
Use of XtendiMax, Engenia, or Tavium on Dicamba- Tolerant Cotton: July 30, 2024
Can XtendiMax be used in the 2024 Growing season? Yes. See Existing Stocks Order, pg. 10, Section 2.d. (See above Table 1)
b. Use of Existing Stocks. As of the date of this order, use of XtendiMax, Engenia, and Tavium is permitted until the relevant date identified in Table 1, provided that such use of existing stocks is consistent in all respects with the previously approved labeling accompanying the product.
What label do I use if I intend to spray XtendiMax this season?According to the EPA, "EPA has issued an Existing Stocks Order to allow for limited sale and distribution of dicamba OTT products that were already in the possession of growers or in the channels of trade and outside the control of pesticide companies as of February 6, 2024. The order also prohibits the use of these dicamba products except where the use is consistent with the previously approved labeling [accompanying the product]."
Can custom applicators sell or invoice XtendiMax herbicide up until the use date? Yes. See Existing Stocks Order. Pg. 10, Section 2.c.
c. Distribution or Sale by Commercial Applicators. Notwithstanding paragraph 2.b, for the purpose of facilitating use no later than the relevant end date for use of existing stocks identified in Table 1 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 Table 1.
Can growers continue to plant Roundup Ready 2 Xtend soybeans and XtendFlex cotton and soybeans?Yes. The court's ruling does not impact growers' ability to purchase or plant Roundup Ready 2 Xtend soybeans, XtendFlex soybeans or XtendFlex cotton seed.
Does the existing stocks order affect any State or Federal cutoff dates for the use of XtendiMax?No, but please reference the EPA's Existing Stocks Order for details.
Do we expect this to have any impact on import and export of soybeans or cotton? There are no changes or impacts to MRLs (tolerances) in the Court's ruling or EPA order.
Do I still have to keep records when I spray dicamba in 2024?Proper record keeping is still required.
NEW QUESTIONS:
What constitutes a "sale" and distribution? Sales occur when ownership of the product changes from one party to another. Distribution can be considered as movement of product. Individual organizations should define based on their financial accounting policy. Distribution, retailer, and grower records must be consistent with the requirements of the Existing Stocks Order.
If a grower prepaid for XtendiMax herbicide at a retail location but doesn't have it physically on hand is that product included in existing stocks?Existing stocks include products sold into the channels of trade by registrants prior to and up to Feb 6, 2024, regardless of what product may be prepaid by growers at retail locations. Growers should talk to their retailer about any prepaid product to ensure availability and discuss fulfillment of their needs.
Are there any additional/changed protocols that growers need to take when they're using XtendiMax herbicide this season compared to last season?Application requirements that existed prior to Feb. 6, 2024, have not changed. Always read and follow label requirements. All applicators must complete the mandatory dicamba training prior to applying in the 2024 season and follow the label as it was published prior to the court ruling.
Will Bayer appeal the case? This case was between the NGO's and the EPA, and it will be up to the EPA to decide on next steps, including any decision to appeal. Bayer's participation in the case was that of an intervening party on behalf of the EPA and Bayer does not have the right to appeal.
Is Enlist under any litigation by NGOs similar to the dicamba products that we can expect to hear about?Corteva's Enlist system has separate litigation unrelated to this case.
What happens if the order is challenged by the NGOs? What are the steps if that does happen? EPA has indicated that it will defend the order, as it did in 2020.
What is the status of the grower group lawsuits against EPA that were filed about the same time as NGO litigation? The public information currently available on this case is minimal. What we do know is that case was stayed pending the outcome of the Arizona case. We will share additional information as it becomes available.
With the news of an Existing Stocks Order from the EPA, will Bayer pursue getting XtendiMax herbicide registered again?Yes, regardless of the existing stocks order, Bayer will be discussing and pursuing a new label approval from the EPA to help growers have the tools and support they need in 2025 and beyond.
What is Bayer's strategy going forward into 2025? Are we still confident in future label and chemistry approvals (i.e., HT4) that contain dicamba-tolerant traits? From a regulatory perspective, both trait (i.e., XtendFlex trait) and herbicide (i.e., XtendiMax herbicide) receive approvals as separate technologies.
Bayer stands fully behind our technology, including the seeds, traits, and XtendiMax herbicide. We are proud of our role in bringing innovations like these forward to help growers safely, successfully, and sustainably grow healthy crops. We, along with industry stakeholders, are working with the EPA toward a solution for the 2025 season. We will communicate more to you, as soon as we can.
BAYER BUSINESS-RELATED QUESTIONS
Is Bayer continuing to sell and ship XtendiMax this season? To comply with the EPA's order, we have stopped the sale and distribution of XtendiMax this season. At this point in the season, and with the amount of product already in existing stocks, we expect growers who planned to use XtendiMax or other low-volatility dicamba products this season will be able to use these tools while complying with the EPA's order.
Can we still promote XtendFlex soybeans and cotton and the available herbicides tolerances that still have active labels? Yes, Bayer employees are encouraged to continue to promote XtendFlex soybeans and cotton, as long as this is done independently of XtendiMax claims and benefits. Products containing Roundup Ready 2 Xtend and XtendFlex also provide high yield potential, superior agronomics, and tolerance to other herbicides. All herbicides should be used in accordance with their label. Pesticide labels are legally binding, and all farmers and applicators are required by law to read and follow all pesticide product labeling.
What will Bayer do to support growers still impacted by the court's ruling? At this point in the season, and with the amount of product already in existing stocks, we expect growers who planned to use XtendiMax or other low-volatility dicamba products this season will be able to use these tools while complying with the EPA's order. We will keep this webpage updated as developments occur.
Does the trait agreement for the Roundup Ready 2 Xtend or XtendFlex traits allow a grower to use a traditional formulation of dicamba (high volatility product) to be applied pre-emergent or in a burndown situation? Bayer's Technology Use Agreement for cotton and soybean products containing the Roundup Ready 2 Xtend and XtendFlex traits restricts in-crop use to only approved, low volatility dicamba formulations. All herbicides should be used in accordance with their label. Pesticide labels are legally binding, and all farmers and applicators are required by law to read and follow all pesticide product labeling.
Will Bayer have to discount or rebate Roundup Ready 2 Xtend or XtendFlex soybean and/or cotton seed to account for the vacated label? The dicamba tolerance provided by the Roundup Ready 2 Xtend and XtendFlex trait is only a portion of the value delivered by these products. Products containing Roundup Ready 2 Xtend and XtendFlex also provide high yield potential, superior agronomics, and tolerance to other herbicides.
Does the EPA order impact Bayer's product warranty? No, the extended stocks order does not impact the existing warranty.
Do retailers have adequate inventory to support growers who have dicamba-tolerant products? How can a grower or applicator secure their supply of XtendiMax herbicide? While we can't speak for other manufacturers, Bayer sold and shipped nearly all the XtendiMax herbicide we expected to sell into the market for crop year 2024. If growers haven't already secured the crop protection products they need for the 2024 crop, including XtendiMax herbicide, they should reach out to their local retailer as soon as possible.
Can product ordered by distributors prior to February 6, 2024, be shipped out of public warehouses?Per Section 2.1. of the Order, "Sale or Distribution by Registrants." As of February 6, 2024, sale or distribution by the registrants of these products is prohibited, except for the purposes of proper disposal or to facilitate lawful export."
Per Section 2.b. of the Order, "Sale or Distribution by Persons other than the Registrants. Persons other than the registrants, including but not limited to co-ops and commercial distributors, who are already in possession of these products as of February 6, 2024, may sell or distribute these products until the end date for sale and distribution of existing stocks identified in Table 1; except that such persons may distribute these products after the date identified in Table 1 solely for purposes of proper disposal, lawful export, or to facilitate return to the manufacturer."
Per Section 2.c. of the Order, "Distribution or Sale by Commercial Applicators. Notwithstanding paragraph 2.b, for the purpose of facilitating use no later than the relevant end date for use of existing stocks identified in Table 1, 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 Table 1."
Will XtendiMax herbicide still be included in Bayer's incentive programs for 2024 (i.e., Bayer Plus, Spray Early Weed Control Guarantee)?Bayer will honor our existing programs; however, these programs cannot be leveraged to attempt to sell by Bayer additional XtendiMax herbicide and will only be paid on lawful sales.
Will there be access to XtendiMax products currently being held in SCIP warehouses for customer use?No, product held in SCIP is owned by the manufacturer so may not be sold or shipped/transferred to a distributor.
How is Bayer handling returns, if and when, retail or growers have product that is sealed containers?Nothing has changed to limit the return of product based on the Existing Stock Order. However, we're encouraging retailers to manage supply closely to get product where it is needed.
DICAMBA TRAINING FAQS
Do I still have to take dicamba training for the 2024 spray season?Dicamba training remains mandatory for farmers and applicators who plan to use dicamba formulations approved for use with Roundup Ready Xtend Technology in the 2024 season. Please visit RoundupReadyXtend.com/stewardship for available training opportunities.
If I completed dicamba training prior to February 6, 2024, is my training certificate valid for the 2024 season?If you completed dicamba training prior to February 6, 2024, your training certificate is valid for the 2024 season without additional training measures.
If I have not been trained, do I still have to go through training?Training for the 2024 season is mandatory for those applying over the top formulations of dicamba formulations approved for use with Roundup Ready Xtend Technology. Please visit RoundupReadyXtend.com for the most up to date information.
What types of dicamba training are available when training resumes?Three training methods are available for farmers and applicators who plan to use dicamba formulations approved for use with Roundup Ready® Xtend Technology. (1) self-paced online training; (2) guided webinar training, and (3) and in-person training.
Select states (e.g., FL, GA, KY, NC, OK, TN, and TX) offer dicamba training, as part of broader training programs, and they may continue training. For more information on the training offered contact your state's Department of Ag Pesticide Division.
Please visit RoundupReadyXtend.com/stewardship for additional training information.
Where am I able to send a question about dicamba training? Please send questions regarding training to training.questions@bayer.com.
Will Bayer continue dicamba training? If so, how will training be managed for the season?Yes. The next scheduled webinars are available and registration is live. Computer-based training is also live. Please reach out to your field sales representative for in-person training opportunities.
Please visit RoundupReadyXtend.com/stewardship to register and complete online training. Please send questions regarding training to training.questions@bayer.com.
Will growers and applicators that have already completed their annual training for 2024 have to complete the training again? If you have already completed dicamba training prior to February 6, 2024, your training certificate is valid for the 2024 season without additional training measures.
