Enlist Duo Registration

States Take Various Approaches to Use of Herbicide

Todd Neeley
By  Todd Neeley , DTN Staff Reporter
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Enlist is not approved for use in all states, and discussions are still ongoing state by state.

OMAHA (DTN) -- A number of states are considering how label restrictions should read for the herbicides that match up with new herbicide-tolerant technologies coming from Dow AgroSciences, Monsanto and BASF.

It appears there are few other potential barriers in those states where Enlist Duo already is approved, while other states are waiting to see the label for dicamba-based Xtend, state officials told DTN. The U.S. Environmental Protection Agency also recently proposed making Enlist Duo available in 10 additional states, and continues to evaluate Xtend.

EPA is registering Enlist Duo in Illinois, Indiana, Iowa, Ohio, South Dakota and Wisconsin. EPA held a 30-day comment period that ended Nov. 14, 2014, to register the herbicide in Arkansas, Kansas, Louisiana, Minnesota, Missouri, Mississippi, Nebraska, Oklahoma, Tennessee and North Dakota.

Arkansas decided to get ahead of the game by approving label restrictions for Enlist Duo, Xtend and BASF's Engenia Herbicide, opening the way for at least some farmers to use the products if they become available this year. The Arkansas Plant Board lifted 2,4-D restrictions in place in some areas of the state, giving farmers what could be a tool to combat a growing problem with weeds.

The Arkansas Plant Board set a number of label restrictions on the Monsanto and BASF dicamba-based products. That includes wind requirements for application, limits on tank mixes, buffer zones between susceptible crops, and minimum requirements for spray droplets, according to the new dicamba regulations approved by the board.

Dow AgroSciences told DTN the company presented information to the board regarding advances in the Enlist technology. That includes the reduced potential for off-target movement with Enlist Duo herbicide with Colex-D Technology. Enlist Duo herbicide with Colex-D Technology is a proprietary blend of new 2,4-D choline and glyphosate.

"We began these discussions early enough to allow time for the board's thorough review of the information we have developed," Dow said in a statement. "We appreciate the board's diligence ... Farmers in the state will have the flexibility they need to use this innovative new product."

Cotton and rice are grown close together in the Arkansas Delta region. So restrictions originally were put in place on the use of traditional 2,4-D about 10 years ago to reduce the risk of off-target movement to cotton fields.

Dow said it requested an exemption from the state's 2,4-D restrictions because of the technology advancements of Enlist Duo to minimize the potential for off-target movement.

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Susie Nichols, assistant director of the pesticide division Arkansas State Plant Board, said the board wanted to ensure regulations would be in place once Enlist Duo and Xtend are registered by the EPA.

"Arkansas has a unique situation," she said. "Since proprietary crops will be intercropped with like crops that could be adversely affected by these products, the plant board has worked to find a way to allow the introduction of these products while providing a level of protection for those growers who do not choose to use this technology."

OTHER STATES

Tom Womack, director of public affairs at the Tennessee Department of Agriculture, said if EPA approves the use of Enlist Duo and Xtend in his state there likely would not be efforts to exceed label directions.

"We are awaiting the final approval by EPA and will review the label restrictions for use in our state at that time, but at this time we do not anticipate taking steps to exceed the label restrictions as approved by EPA," he said. "... We typically defer to EPA's evaluations and guidance before approving products for use in Tennessee."

John Campbell, plant industry bureau director for the Mississippi Department of Agriculture and Commerce, said his state will wait to see label requirements before deciding whether there may be additional restrictions required.

"The agricultural producers in Mississippi are very excited about the introduction of these new auxin-herbicide-tolerant varieties, however, as with any new technology there are questions," he said. "Mississippi producers, along with the Mississippi Department of Agriculture, have been very active the past two years learning about these technologies and any elements that may be specific to our cropping systems."

Brandon Beshears, director of agricultural services at the South Dakota Department of Agriculture, said his state continues to review a Dow application for Enlist Duo.

"While the product will eventually have South Dakota registration, it may or may not have use restrictions specific to South Dakota, and this is not uncommon," he said. "One of our primary concerns when registering a product in South Dakota is weed-resistance management, for example. Our pesticide registration staff has been working with Dow to finalize a few questions and plans to have the product registered for use in South Dakota shortly."

Officials in Nebraska and Wisconsin told DTN they did not plan to enact any further label restrictions. An official with the state of Iowa said there are no additional state restrictions in place and perhaps none planned.

Bill Taylor, assistant director of the consumer protection division at the Oklahoma Department of Agriculture, Food and Forestry, said the state already has restrictions in place for 2,4-D and dicamba. If Enlist Duo and Xtend are approved for use in the state they could face state restrictions as well.

For example, 2,4-D cannot be used in Greer, Harmon, Kiowa, Jackson and Tillman counties between May 1 and Oct. 15 of each calendar year. "We do not currently have plans for restrictions that are specifically written for Enlist Duo," Taylor said.

Jim Gray, pesticide and fertilizer division director with the North Dakota Department of Agriculture, said his department has not seen a final version of the Enlist Duo or Xtend labels.

"Just as with all new pesticide registrations, we will review the proposed labeling when we receive a state pesticide registration application," he said.

David Scott with the Indiana State Chemist's office, said the state has made no state-specific use restrictions for Enlist Duo or Xtend.

"We monitored the federal registration process for this product and were able to make label restriction suggestions to both EPA and the product manufacturer," he said. "We are satisfied for now that adequate safeguards are in place for this product for our state."

Todd Neeley can be reached at todd.neeley@dtn.com

Follow Todd on Twitter @toddneeleyDTN

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Todd Neeley

Todd Neeley
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