Production Blog

Last Chance: Comment Period for Bayer Dicamba Product Ends Today

Jason Jenkins
By  Jason Jenkins , DTN Crops Editor
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Spraying dicamba over soybeans post-emergence may be a practice of the past in 2025 if a label for a Bayer product containing the active ingredient is approved as proposed. The public comment period on the label ends today. (DTN photo by Pamela Smith)

JEFFERSON CITY, Mo. (DTN) -- Today is the final day for the public to comment on the proposed label for KHNP0090, a dicamba herbicide from Bayer formerly known as XtendiMax.

Those who wish to do so can view the proposed label and comment here: https://www.regulations.gov/…

The proposed label would allow applications to dicamba-tolerant soybeans made pre-plant, at planting or immediately after planting. However, no application would be allowed post-emergence or later than June 12.

In dicamba-tolerant cotton, the proposed label allows for at-plant, pre-plant, pre-emergence and "over-the-top" (OTT) post-emergence applications, but no applications would be allowed later than July 30. This use in cotton mirrors the previous label for XtendiMax, which was vacated in early February by the U.S. District Court for the District of Arizona in Tucson.

At the time, the court also vacated the 2020 registrations of two other dicamba products -- BASF's Engenia and Syngenta's Tavium.

The newly proposed label for KHNP0090 reduces the maximum annual rate from 88 ounces to 44 ounces in both soybeans and cotton. The product formulation for the herbicide is the same as its predecessor.

As of June 2, a total of 3,957 public comments had been submitted to the docket, of which 232 had been posted. They include comments both in support of and opposition to the registration of the herbicide.

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When the comment period was announced, soybean growers immediately noted concern that the label didn't include OTT application for their crop.

"While we appreciate that work is underway on a new registration and the certainty it will provide supply chains, soybean farmers need a post-emergent dicamba option," said Alan Meadows, a soybean farmer from Tennessee and American Soybean Association director, in a statement received by DTN at the time. "Herbicide-resistant Palmer amaranth and other devastating weeds can destroy a crop and have already developed resistance to most or all the post-emergent alternatives to which soybean farmers have access. Without post-emergent dicamba, tens of thousands of U.S. soybean farmers are sitting ducks."

The Center for Biological Diversity, a longtime critic of OTT dicamba products, has requested a 60-day extension of the public comment period "to provide the public a meaningful comment opportunity."

"While we appreciate the 30-day comment period that was provided to stakeholders and the public on this important issue, we have found that it does not allow sufficient enough time for us to complete our review of the materials in this docket or to compile relevant information regarding dicamba's harm to crops and the environment in the 2024 growing season," wrote Nathan Donley, environmental health science director at the center.

After the federal district court vacated the labels for XtendiMax, Engenia and Tavium in February, EPA issued an existing stocks order that allowed for the use of the herbicide already distributed from the product registrants. Under the order, application cutoff dates followed those on the products' previously approved labels.

As of May 31, sale and distribution of these products for use in soybeans was prohibited in all states. Sale and distribution for use on dicamba-tolerant cotton continues until June 30. The application cutoff dates vary from June 12 to July 30, depending on the state and crop.

To view the proposed label for KHNP0090 and to comment, go here: https://www.regulations.gov/…

Read more from DTN about this proposed label here:

"Comment Period Opens on Dicamba Product," https://www.dtnpf.com/…

Read more stories from DTN:

" Bayer Applies for New Dicamba Label," https://www.dtnpf.com/…

"EPA Outlines OTT Dicamba Use for 2024," https://www.dtnpf.com/…

" Court Vacates Dicamba Registrations," https://www.dtnpf.com/…

Jason Jenkins can be reached at jason.jenkins@dtn.com

Follow him on social platform X @JasonJenkinsDTN

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