Council of Producers & Distributors of Agrotechnology

Terry Kippley, CPDA

February 15, 2024

In this Issue:

  • New CPDA Member
  • Dicamba Registrations Vacated
  • EPA/USDA Memorandum of Understanding
  • Pesticide Establishment Reporting
  • Maryland PFAS Bill
  • Ethox Chemicals Visit
  • Adjuvant Advantage Free Webinar
  • CPDA Washington DC Fly-In March 4–6
  • Save the Date: Adjuvants, Inerts & Crop Protection Conference April 28–May 1
  • Industry Events

Welcome New Member WinField United!

Please help us welcome new member WinField United. Membership dues fund our advocacy efforts which include working with the EPA on the possibility of giving growers credit for the use of Drift Reduction Adjuvants as an ESA mitigation tool alternative to No-Spray buffers.

WinField United

WinField United is the seed, crop protection products, agricultural services and agronomic insights business of Land O’Lakes, Inc. As an industry leader, the business focuses on meeting the needs of nearly 1,300 locally owned and operated cooperative and independent agricultural retailers and its grower-customers across the United States. Through data-backed, insight-driven agronomics, operational excellence and sustainable solutions delivered under the WinField United brand, the business helps retailers successfully meet farmers’ needs.

Learn More

Dicamba Registrations Vacated– EPA Issues Existing Stocks Order

Last week, the U.S. District Court for the District of Arizona issued an order vacating the registrations for all over-the-top (OTT) dicamba products for use on dicamba-tolerant cotton and soybeans. This includes the following products: XtendiMax, Enginia, and Tavium.

This ruling is the result of legal action filed by environmental organizations challenging EPA’s 2020 registration decision for OTT dicamba. The court decision found that EPA, because they had not provided a notice and comment period on what the court called a “new use,” violated both the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Administrative Procedure Act. Instead of sending the registrations back to EPA, the court decided to “vacate” the registrations.

In response, grower groups submitted multiple letters to EPA Administrator Micheal Regan asking him to immediately issue an existing stocks order. In American Farm Bureau Federation’s letter to Regan, President Zippy Duval asked EPA to “issue an existing stock order to ensure this product remains available to farmers throughout this growing season. In the existing stock order, EPA should ensure access to dicamba products that have already been purchased, as well as those that remain in the supply chain to be applied by custom applicators or farmers themselves later in accordance with the current EPA label.”

On February 14, EPA issued an existing stocks order which authorizes the sale and distribution of dicamba products with the following provisions:

  • Under the order, ‘existing stocks’ “means those stocks of previously registered pesticide products that are currently in the United States and were packaged, labeled, and released for shipment prior to February 6, 2024.”
  • ‘Released for shipment’ occurs “when the producer has packaged and labeled it in the manner in which it will be distributed or sold, or has stored it in an area where finished products are ordinarily held for shipment.”

There are four things CPDA members should be aware of moving forward. First, in response to the existing stocks order, industry is expecting the environmental groups who filed this action to ask the court to reverse or invalidate the order. If successful, that would put us back at square one. Second, grower groups are urging EPA to immediately appeal the decision, asking the court to invalidate the order to vacate until their appeal is heard. Third, OTT dicamba registrants are already preparing to re-submit their 2020 registrations for approval. In response to the court decision, EPA would need to first approve the registration and, in turn, open the decision to a notice and comment period. Fourth, affected dicamba registrants believe there is enough OTT dicamba in the channels of trade to treat every acre this growing season.

EPA/USDA Memorandum of Understanding

Last week, EPA signed a Memorandum of Understanding (MOU) with USDA outlining how EPA can incorporate USDA/Natural Resources Conservation Service (NRCS) conservation practices on pesticide labels. This is one-way growers who voluntarily integrate NRCS practices into their farming practices can use them to fulfill pesticide label requirements related to Endangered Species Act required mitigations.

In the next few months, EPA and USDA are planning meetings and workshops with grower groups to discuss the MOU and gain their input about mitigation options that may count toward fulfilling pesticide label requirements.

CPDA is proud to have supported and advocated this step to the EPA for more than a year. We are pleased that adjuvants are already part of the NRCS conservation practices. We are engaged in ongoing dialogue with NRCS to further update and strengthen those provisions. Higher values will drive wider adoption of adjuvants, giving farmers access to a new tool to mitigate ESA restrictions while also helping them qualify for NRCS conservation program funding.

EPA also announced that it will not implement the Vulnerable Species Pilot (VSP) protections for a species until a more refined map of its habitat is developed. During the comment period following the release of the VSP, grower groups complained that some of the maps included areas where endangered species do not live, and that the areas in which pesticide mitigations would be required under the Pilot were too broad. In its comments to EPA, the National Association of Wheat Growers (NAWG) said this:


“NAWG believes the VSP online story map does not provide sufficient information for growers to identify specific fields that may be impacted or understand the differing requirements for pesticide use that EPA is proposing. Furthermore, the information is presented in a difficult format for growers to utilize. The detailed habitat descriptions provided are not sufficient for individuals to identify the habitat on their farm and the range of the species.”


EPA announced that it is working with the U.S. Fish and Wildlife Service (FWS), USDA, and the University of Georgia, to improve the location accuracy of the maps.

Pesticide Establishment Reporting

As a reminder for all affected CPDA member companies, March 1, 2024, is the reporting deadline for all establishments that produce pesticides, devices, or active ingredients to file their annual production for the 2023 reporting year.

Reports must be submitted on or before March 1 annually for the prior reporting year’s production and distribution. The report, filed through the submittal of EPA Form 3540-16: Pesticide Report for Pesticide-Producing and Device-Producing Establishments, must include the name and address of the producing establishment; and pesticide production information, such as product registration number, product name, and amounts produced and distributed. The annual report is always required, even when no products are produced or distributed.

Maryland PFAS Bill

Last week, Maryland Delegate Sheila Ruth introduced House Bill 1190. The bill, if enacted, would prohibit, beginning June 1, 2025, a person from selling a pesticide that has PFAS chemicals listed as an active ingredient on the pesticide label. It would also prohibit, beginning December 31, 2025, a person from using a pesticide that has PFAS chemicals listed as an active ingredient on the labeling.

At this point, she is the only supporter of HB 1190 in the Maryland House. A hearing on this bill will be held on March 13 in front of the Health and Government Operations committee. There is no corresponding Senate bill yet.

Ethox Chemicals Site Visit

My travels last week brought me to Greenville, South Carolina for a visit with CPDA Board Chairman Brad Swillen and the team from Ethox Chemicals. Brad was a great host as he led me on a tour of their state-of-the-art facility, while introducing me to Ethox's impressive Leadership Team, which included their President, Phil Howard, VP of Sales, Chris Welch and Business Director, Will Davis

Will Davis, Ethox Business Director; Chris Welch, Ethox VP of Sales; Phil Howard, Ethox President; Terry Kippley, CPDA President; Brad Swillen, CPDA Chairman.

Register for Free Webinar

Our successful webinar series, in partnership with ARA is back for a 5-part series discussing topics from correcting compatibility problems to tank clean out.

Our final FREE webinar in this series will be Adjuvants and Aerial Application, sponsored by Brandt.

Thursday, February 22, 2024, 1:00pm ET

The goal of this webinar is to develop a uniform industry adjuvant education program for the ag retail industry to help growers understand how the selection and use of the proper adjuvant will improve their overall crop protection program.

Certified Crop Advisers attending this webinar will earn one Certified Crop Adviser (CCA) program IPM CEU.


Make Plans to Attend the CPDA Washington DC Fly-In: March 4–6

Register now to attend CPDA’s Washington DC 2024 Fly-In March 4–6, 2024. This Fly-In is the focal point of CPDA’s federal advocacy efforts in 2024 where we will meet with Congressional leaders, members of the Biden Administration and agricultural allies. This is an important meeting for all CPDA member companies as we kick-off our 2024 federal advocacy efforts.

Edward Messina, EPA-OPP Director

Congressman Dan Newhouse (WA)

You are invited to bring a co-worker and network, share ideas and help advocate for our industry. We hope you can join us. Please register today.

  • Hear from Ed Messina, EPA-OPP Director, on the latest EPA initiatives
  • Join us for a special dinner and presentation from Congressman Dan Newhouse (WA) on important agricultural issues;
  • Get a court side seat to see the impacts to your business from the federal policy debate; and
  • Help us get a new Farm Bill passed!
Register Today!

Industry Events

February 18-21, 2024, Nashville, TN

The SOCMA Show is returning to music city! Connect with suppliers, buyers and colleagues from across the specialty chemicals sector at SOCMA’s trade show.

Be sure to visit CPDA member booths for CJB Industries, Clariant, Ethox Chemicals and Milliken & Company.


Until next time...

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