15 Jun Dicamba Update: Kansas Dept. of Agriculture Provides FAQ
The Kansas Department of Agriculture, along with many other states, has solicited clarification on the EPA’s June 8, 2020, cancellation order. KDA is providing guidance and answers to questions based on our interpretation of the order as it applies to our Kansas regulatory structure and the stated intent in the EPA cancellation order to minimize the negative impact on agriculture and agribusinesses.
KARA has provided the FAQ below, as well as by clicking the button to KDA’s full website.
If you have any questions or concerns please contact the association office (785.234.0463).
Q: Can a Kansas registered pesticide dealer only sell to Kansas commercial or private applicators, or may they sell to an out-of-state commercial or private applicator purchase?
A: A Kansas registered pesticide dealer may sell from stock received on or before June 8, 2020, to any currently certified applicator (commercial or private) regardless of the applicator’s residence or the state that issued the certification. Restricted use pesticide sales records are required on these products.
Q: What happens to product sold between June 3, 2020, and June 8, 2020, the date of the cancellation order?
A: Until the EPA issued the cancellation order on June 8, 2020, neither KDA nor Kansas stakeholders knew how the decision by the Ninth Circuit Court of Appeals would impact the use of the three dicamba products in Kansas. For products sold in the timeframe of June 3– June 8, KDA is applying the same enforcement criteria that were in place prior to June 3.
Q: Does the EPA cancellation order supersede state actions to allow the products to be sold and used in Kansas?
A: States must recognize and enforce the EPA cancellation order issued on June 8. Several states, including Kansas, have asked EPA for specific guidance as to the implementation of the various aspects of the cancellation order. As of June 11, 2020, the EPA has not released any updated guidance on the cancellation order. Until that time, KDA will interpret the cancellation order to the best of our ability and will act accordingly.
Q: If a retailer has a commercial applicator business, can that commercial applicator apply these three dicamba products if they were located in the retail warehouse as of June 3, 2020? What about if they were received by June 8?
A: Assuming all the required licensing, certification, and registrations are current, the commercial applicator may apply products located in the warehouse as of June 8, 2020.
Q: If a retailer has inventory in stock that had been purchased by a grower prior to June 3 but not yet delivered, can that product be applied by a commercial applicator?
A: Yes. If a retailer has the product in stock on or before June 8, 2020, the grower can pick up or take delivery of the purchased product up until July 31, 2020. Although the cancellation order appears to prohibit delivery of that product to the purchasing grower, KDA has interpreted the intent of the order to mean that ownership is equal to possession.
Q: If a grower bought more product than they needed and returned it to the retailer they bought it from, can the retailer sell it or must the retailer return it?
A: If you are a currently registered Kansas pesticide dealer; the product was in your stock or in the grower’s possession on or before June 8, 2020; and the product is in sealed and unadulterated containers, then you may sell the product to an end user for application on or before July 31, 2020.
Restricted use pesticide sales records must reflect the return and any further sales.