Dicamba available for use under North Dakota state registration

North Dakota Agriculture Department intends to allow the use of dicamba, despite federal appeals court ruling.

Despite a federal appeals court ruling vacating registrations for dicamba on the federal level, the North Dakota Department of Agriculture says the ruling did not mention state registrations, which would allow farmers to spray during June 2020. Photo by North Dakota Soybean Council

BISMARCK, N.D. — The Ninth Circuit Court of Appeals decision on dicamba didn't mention state registrations, so the North Dakota Department of Agriculture is moving forward with their 24c Special Local Needs label for Xtendimax, FeXapan and Engenia products used in over-the-top applications on Dicamba-tolerant soybeans.

“The recent unprecedented court decision to vacate the registrations of Xtendimax, FeXapan and Engenia has struck a crushing blow to farmers across the country. While the court’s decision affected the federal registration of the products, it made no mention of state registrations. We have not received formal notification revoking these three products,” Agriculture Commissioner Doug Goehring said. “Until directed otherwise, the department is standing by our state registrations of these products and recognizing them as legal for sale and use in North Dakota. We’re going to take whatever actions we can as a state to give our farmers an opportunity to manage their fields and utilize the product that is out there.”

The North Dakota 24c SLN allows applications of dicamba on soybeans through June 30 or beginning bloom (R1 growth phase), whichever comes first.

Applicators should monitor developments very closely as the registration status of the products is subject to change, the ag department said on June 5.

Jenny Schlecht is the director of ag content for Agweek and serves as editor of Agweek, Sugarbeet Grower and BeanGrower. She lives on a farm and ranch near Medina, North Dakota, with her husband and two daughters. You can reach her at or 701-595-0425.
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