Update Posted June 15, 2020
BASF files motion to intervene in Ninth Circuit case that vacated dicamba registrations
The motion provides opportunity for BASF to demonstrate the order’s significant negative impact on U.S. agriculture and its customers
On June 12, 2020, BASF has filed an emergency motion to intervene following the decision by the United States Court of Appeals for the Ninth Circuit to vacate the federal registrations of three dicamba-based herbicides, including BASF’s Engenia® herbicide. The Court’s June 3, 2020 decision brought BASF’s product into the case for the first time. BASF has now made the request to intervene after careful consideration of the sudden and severe financial impact vacating the registration has had on farmers during this critical application time, when farmers now have less than a month to protect millions of acres under threat from resistant weeds. The Ninth Circuit’s decision has caused immediate chaos among the agricultural community and threatens the livelihood of countless U.S. farmers. Seeking to make matters worse, the challengers have now asked the Ninth Circuit to undo the EPA’s order which implemented the panel’s decision and addressed the uncertainty it caused. BASF must act to protect its interests and those of its customers.
“Taking this action during the height of the application season gives no regard to the significant investments farmers have made in their businesses and leaves them without viable options for the growing season,” said Paul Rea, Senior Vice President, BASF Agricultural Solutions North America. “Farming is difficult even in the best of times and remains challenging. Making this decision now, when weed resistance continues to threaten farming operations, is disastrous for our customers. Farmers have counted on applications of dicamba-based products to control troublesome weeds for decades, and they continue to need these tools now and in the future.”
BASF remains committed to meeting the needs of its customers and will continue to work on new dicamba-based innovations to assist farmers with weed control. In addition, BASF will also continue to pursue EPA re-registration of Engenia for the coming seasons.
BASF is working to provide the most up-to-date and relevant information in a timely manner related to the 9th Circuit Court’s Order. As this situation continues to evolve, we will update this page as necessary. The information below is current as of June 19, 2020 – 10AM EDT.
Can BASF sell Engenia herbicide?
BASF stopped selling and shipping Engenia herbicide on June 3, 2020 as a result of the 9th Circuit Court’s Order.
Can growers and custom applicators use Engenia herbicide?
The EPA’s Final Cancellation Order issued on June 8, 2020 allowed for growers and commercial applicators to use existing stocks that were in their possession on June 3, 2020. The use of Engenia herbicide must be consistent with the previously-approved label and must be done no later than July 31, 2020. As laws vary by state, we recommend anyone in possession of Engenia herbicide to contact their state regulatory authority to determine if they can still apply Engenia herbicide.
Can commercial applicators continue to distribute and sell existing stocks of Engenia herbicide?
The EPA’s Final Cancellation Order issued on June 8, 2020 stated that “for the purpose of facilitating use no later than July 31, 2020, distribution or sale of existing stocks of [Engenia herbicide] that are in the possession of commercial applicators is permitted.” As laws vary by state, we recommend anyone in possession of Engenia herbicide to contact their state regulatory authority to determine if they can still apply Engenia herbicide.
What should our retail and channel partners do with the Engenia herbicide that is in their possession?
As laws vary by state, we recommend anyone in possession of Engenia herbicide to contact their state regulatory authority to determine if they can still sell or apply Engenia herbicide. BASF is evaluating our options on how to help our channel partners manage their existing inventory.
Will Engenia herbicide be available in 2021?
The Court’s Order vacated the federal registration for Engenia herbicide and applies to the conditional two-year registration granted in 2018 that would have automatically expired on December 20, 2020. BASF remains committed to meeting the needs of its customers and will continue to work on new dicamba-based innovations to assist farmers with weed control. In addition, BASF will also continue to pursue EPA re-registration of Engenia for the coming seasons.
How will this affect Grower and Retail incentive programs?
BASF is currently evaluating necessary action on all 2020 and 2021 grower and retail incentive programs. We will provide more information as soon as possible.
How will BASF handle product claims?
BASF anticipates that Engenia Herbicide Efficacy Claims and Engenia Weed Control Guarantees on qualifying acres are likely unaffected where legal applications are made.
Can BASF continue to provide application recommendations for Engenia herbicide?
BASF remains committed to the proper stewardship of Engenia herbicide applied per the EPA Final Cancellation Order, including provisions for existing stocks. If a BASF representative is contacted by a grower or commercial applicator about the use of Engenia herbicide, the BASF representative can provide application recommendations to promote appropriate product stewardship for on-target use of Engenia herbicide.
Does the Court’s Order affect products like Status® herbicide or Clarity® herbicide?
The Court’s Order does not impact the labeled uses of Status herbicide or Clarity herbicide. To be clear, Status herbicide and Clarity herbicide are not labeled for use on dicamba-tolerant soybeans and cotton. Under no circumstances does BASF support or encourage off-label use of our products. We remind applicators to always read and follow label directions.