Engenia® Herbicide Update

Stories from the Field

Go with soybean and cotton farmers into their fields across the U.S. to see first-hand the success with Engenia applications and learn about how they use dicamba-tolerant technology to sustain their farms’ and families’ legacy of land stewardship.

 

“I have been using Engenia for three years, and it is a critical part of my operation to reduce the threat of resistant weeds and ensure a successful yield each season. My livelihood depends on tools like Engenia to tackle these challenges, and those of us that use it have dedicated a tremendous amount of time to ensure that we are doing it responsibly.”

Brad Kallenbach, a soybean farmer from Jamestown, North Dakota.

2020 Dicamba News + Updates

ASA, Ag Groups Petition for Broader Rehearing on Ninth Circuit Dicamba Case

ASA led other farm trade associations in urging the U.S. Court of Appeals for the Ninth Circuit to take a broader look at the dicamba case and supported registrant motions for rehearing the case.

  

Extension Specialist Says Dicamba Is A Needed Tool For Farmers

Listen to a Minnesota farmer and South Dakota State University extension specialist discuss the need for dicamba as a tool to control troublesome weeds

  

EPA Decision This Fall Critical to ’21 Growing Season

While cotton and soybean farmers are no longer allowed to use three important dicamba products for this season, questions remain on whether the products will be available for use for the 2021 season.

  

Supporting Science and Innovation are the Best Defense

The reports of the death of dicamba are greatly exaggerated—but farmers and consumers ought to worry about the death of innovation.  Jennie Schmidt, a farmer from Maryland, shares her opinion on the impact that the Ninth Circuit Court will have.

  

Illinois Shows Dramatic Decline in Dicamba Reports

Jean Payne, president of Illinois Fertilizer and Chemical Association (IFCA), discusses the decline in dicamba reports in Illinois and the effect of proper product stewardship to achieve these results.

BASF on Ninth Circuit Court Decision

Statement on BASF Petition for Rehearing Decision

RESEARCH TRIANGLE PARK, NC, August 17, 2020 - We are disappointed the U.S. Court of Appeals for the Ninth Circuit denied BASF’s request to rehear its June 3, 2020 decision. We disagree with the decision and believe BASF deserves an opportunity to be heard on the merits. We are assessing additional legal options, including a challenge to the U.S. Supreme Court.

  

Statement on BASF Petition for Rehearing

RESEARCH TRIANGLE PARK, NC, July 20, 2020 - BASF filed a petition with the U.S. Court of Appeals for the Ninth Circuit today requesting a rehearing of its June 3, 2020 decision. The court's decision vacated the EPA registration of its dicamba-based Engenia® herbicide without giving BASF an opportunity to be heard. Specifically, the petition requests a review of the decision by a panel of 11 judges from the Ninth Circuit instead of the three-judge panel that issued the previous decision. This request for “en banc” review is necessary to correct errors by the panel in issuing a decision inconsistent with basic due process and administrative law principles.

  

Statement on BASF Motion to Intervene Decision

RESEARCH TRIANGLE PARK, NC, June 22, 2020 - BASF is pleased that the United States Court of Appeals for the Ninth Circuit granted BASF’s emergency motion to intervene in the case vacating the registrations of three dicamba-based herbicides, including BASF’s Engenia® herbicide. We are also pleased that the court’s decision will permit the continued use of existing stocks pending further court proceedings. 

  

BASF Files Motion to Intervene in Ninth Circuit Case that Vacated Dicamba Registrations

RESEARCH TRIANGLE PARK, NC, June 12, 2020 – BASF has filed an emergency motion to intervene following the decision by the United States Court of Appeals for the Ninth Circuit to vacate the federal registrations of three dicamba-based herbicides, including BASF’s Engenia® herbicide. The Court’s June 3, 2020 decision brought BASF’s product into the case for the first time. BASF has now made the request to intervene after careful consideration of the sudden and severe financial impact vacating the registration has had on farmers during this critical application time, when farmers now have less than a month to protect millions of acres under threat from resistant weeds.

  

Statement on EPA Action after Ninth Circuit Order

RESEARCH TRIANGLE PARK, NC, June 9, 2020 - While BASF supports the U.S. EPA’s action to allow the use of existing stocks of Engenia® herbicide by growers and commercial applicators, we believe that additional clarity and flexibility is required to address the complexities of the supply chain so that farmers have the opportunity to use Engenia this season in accordance with the EPA order. Therefore, we will be working with the EPA to address this issue.

  

Statement on United States Court of Appeals for the Ninth Circuit

RESEARCH TRIANGLE PARK, NC, June 4, 2020 - The Order issued on June 3 by the United States Court of Appeals for the Ninth Circuit vacating the registration of Engenia® herbicide and two other products is unprecedented and has the potential to be devastating to tens of thousands of farmers.

Q&A on Ninth Circuit Court Decision

BASF is working to provide the most up-to-date and relevant information in a timely manner related to the 9th Circuit Court’s Order. As this situation continues to evolve, we will update this page as necessary. The information below is current as of June 19, 2020 – 10AM EDT.

 

  1. Can BASF sell Engenia herbicide

BASF stopped selling and shipping Engenia herbicide on June 3, 2020 as a result of the 9th Circuit Court’s Order.

  1. Can growers and custom applicators use Engenia herbicide?

The EPA’s Final Cancellation Order issued on June 8, 2020 allowed for growers and commercial applicators to use existing stocks that were in their possession on June 3, 2020. The use of Engenia herbicide must be consistent with the previously-approved label and must be done no later than July 31, 2020. As laws vary by state, we recommend anyone in possession of Engenia herbicide to contact their state regulatory authority to determine if they can still apply Engenia herbicide

 

Can BASF sell Engenia herbicide?

 

Can commercial applicators continue to distribute and sell existing stocks of Engenia herbicide?

The EPA’s Final Cancellation Order issued on June 8, 2020 stated that “for the purpose of facilitating use no later than July 31, 2020, distribution or sale of existing stocks of [Engenia herbicide] that are in the possession of commercial applicators is permitted.” As laws vary by state, we recommend anyone in possession of Engenia herbicide to contact their state regulatory authority to determine if they can still apply Engenia herbicide.

 

  1. What should our retail and channel partners do with the Engenia herbicide that is in their possession?

    As laws vary by state, we recommend anyone in possession of Engenia herbicide to contact their state regulatory authority to determine if they can still sell or apply Engenia herbicide. BASF is evaluating our options on how to help our channel partners manage their existing inventory.

  2. Will Engenia herbicide be available in 2021?

    The Court’s Order vacated the federal registration for Engenia herbicide and applies to the conditional two-year registration granted in 2018 that would have automatically expired on December 20, 2020. BASF remains committed to meeting the needs of its customers and will continue to work on new dicamba-based innovations to assist farmers with weed control. In addition, BASF will also continue to pursue EPA re-registration of Engenia for the coming seasons.

  3. How will this affect Grower and Retail incentive programs?

    BASF is currently evaluating necessary action on all 2020 and 2021 grower and retail incentive programs. We will provide more information as soon as possible.

  4. How will BASF handle product claims?

    BASF anticipates that Engenia Herbicide Efficacy Claims and Engenia Weed Control Guarantees on qualifying acres are likely unaffected where legal applications are made.

  5. Can BASF continue to provide application recommendations for Engenia herbicide?

    BASF remains committed to the proper stewardship of Engenia herbicide applied per the EPA Final Cancellation Order, including provisions for existing stocks. If a BASF representative is contacted by a grower or commercial applicator about the use of Engenia herbicide, the BASF representative can provide application recommendations to promote appropriate product stewardship for on-target use of Engenia herbicide.

  6. Does the Court’s Order affect products like Status® herbicide or Clarity® herbicide?

    The Court’s Order does not impact the labeled uses of Status herbicide or Clarity herbicide. To be clear, Status herbicide and Clarity herbicide are not labeled for use on dicamba-tolerant soybeans and cotton. Under no circumstances does BASF support or encourage off-label use of our products. We remind applicators to always read and follow label directions.

Training, Application Guidance & Resources

Our face-to-face and virtual training programs are conducted annually with over 25,000 growers. They  are a critical way we teach proper stewardship and application of Engenia and are modified annually to teach all best practices related to safe, on-target applications and address challenges specific to the upcoming growing season.

 

Growers and applicators can visit our Engenia Stewardship portal to sign up for trainings, for access the latest checklists and for state-specific information along with other resources: https://www.engeniastewardship.com/#/

 

To learn more about the innovation of Engenia, about our Engenia Guarantee, please visit: https://agro.basf.us/campaigns/engenia/

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