On February 6, 2024, the U.S. District Court in Arizona delivered a verdict impacting the agricultural sector. The court vacated the Environmental Protection Agency’s (EPA) registrations for certain dicamba products, pointing out procedural missteps in the EPA’s approval process.

Specifically, the court found that the EPA failed to adhere to the Federal Insecticide, Fungicide, and Rodenticide Act’s (FIFRA) requirements for public notice and comment before issuing the registrations.

Bayer Crop Science Canada has assured Canadian farmers and stakeholders that the decision will not affect the use or registration of their dicamba-based herbicides, Roundup Xtend® 2 with VaporGrip® Technology and XtendiMax® 2 with VaporGrip® Technology, within Canadian territories, emphasizing the safety and efficacy of dicamba.

The court’s decision was based solely on procedural grounds and did not question the safety of dicamba itself. As such, there are no anticipated changes to Maximum Residue Limits (MRLs) or tolerances, safeguarding the export of Canadian agricultural products to the U.S.

Bayer has respectfully disagreed with the court’s findings and is considering its next steps. Meanwhile, the company’s U.S. team is awaiting further instructions from the EPA on how to proceed considering the court’s decision.

The incident highlights the complexity of agricultural regulatory processes and the importance of procedural compliance.

Bayer is dedicated to supporting Canadian farmers and the agriculture community during uncertainty by ensuring the availability and reliability of their dicamba-based products for effective weed management and maintaining high crop protection standards.