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OSU Extension, Darke County
What will dicamba
changes mean for farmers?
From Sam Custer
Last week, the Environmental Protection Agency (EPA) announced an
agreement with Monsanto, BASF and DuPont to change dicamba registration
and labeling beginning with the 2018 growing season. EPA reports that
the agreement was a voluntary measure taken by the manufacturers to
minimize the potential of dicamba drift from “over the top”
applications on genetically engineered soybeans and cotton, a recurring
problem that has led to a host of regulatory and litigation issues
across the Midwest and South. The upcoming changes might alleviate
dicamba drift issues, but they also raise new concerns for farmers who
will have more responsibility for dicamba applications.
The following registration and labeling changes for dicamba use on GE
soybeans and cotton will occur in 2018 as a result of the agreement:
• Dicamba products will be classified as “restricted
use” products for over the top applications. Only those who are
certified through the state pesticide certification program or
operating under the supervision of a certified applicator may apply the
product. Training for pesticide certification will now include
information specific to dicamba use and application, and applicators
will be required to maintain records on the use of dicamba products.
• The maximum wind speed for applications will reduce
from 15 mph to 10 mph.
• There will also be greater restrictions on the
times during the day when applications can occur, but details are not
yet available on those restrictions.
• Tank clean-out instructions for the prevention of
cross contamination will be on the label.
• The label will also include language that will
heighten the awareness of application risk to sensitive crops.
Farmers should note that the additional restrictions and information on
dicamba labels shifts more responsibility for the product onto the
applicator. An applicator must take special care to follow the
additional label instructions, as going “off label” subjects an
applicator to higher risk. If drift occurs because of the failure to
follow the label, the applicator is likely to be liable to the injured
party for resulting harm and may also face civil penalties. Producers
should take care to assess the new dicamba labels closely when the
manufacturers issue the revised labels for 2018.
To learn more about legal issues with pesticide use, be sure to sit in
on the Agricultural & Food Law Consortium’s upcoming webinar, “From
Farm Fields to the Courthouse: Legal Issues Surrounding Pesticide Use.”
The webinar will take place on Wednesday, November 1 at Noon EST and
will feature an examination of regulatory issues and litigation
surrounding pesticide use around the country by attorneys Rusty Rumley
and Tiffany Dowell Lashmet. To view the free webinar, visit
http://nationalaglawcenter.org/consortium/webinars/pesticide/
For more information about OSU Extension, Darke County, visit the Darke
County OSU Extension web site at www.darke.osu.edu, the OSU Extension
Darke County Facebook page or contact Sam Custer, at 937.548.5215.
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