June 9, 2020 - The Tennessee Department of Agriculture has received numerous questions regarding the recent 9th Circuit Court of Appeals ruling that bans the three most common commercial formulations of dicamba.
On June 8, 2020, the U.S. Environmental Protection agency issued an order outlining the response to the court’s decision. Per EPA’s guidance, manufacturers can no longer sell or distribute XtendiMax® with VaporGrip® Technology, Engenia, and FeXapan. However, farmers who already possess the products may use them until July 31. Commercial applicators in possession of these products may also sell and apply them until July 31.
Dicamba is a broad-spectrum herbicide that has been in use for more than 30 years. Products that contain dicamba are known for protecting our food and fiber crops from invasive weeds.
Just as with any regulated product, the Tennessee Department of Agriculture will work closely with farmers and commercial applicators to ensure compliance with federal requirements.
The Tennessee Department of Agriculture is taking measures to mitigate the risk of drift of herbicides containing dicamba.
State and federal laws mandate applicators strictly follow label directions and consider the weather and potential for temperature inversions when applying any herbicide. Any suspected misapplication should be reported immediately to TDA at 800-628-2631 or 615-837-5148. The department will take appropriate enforcement action for any misapplication, including but not limited to suspension or revocation of a certificate and state penalties up to $1,500 per violation per acre where application occurred, in addition to federal penalties and possible criminal prosecution.
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To purchase and apply a Restricted Use Pesticide (RUP), you must become commercially certified by testing in 1 of the 15 certification categories or privately certified by taking the initial training through the University of Tennessee Agricultural Extension Service. You must also submit the $25 fee, including a copy of the triplet form verifying the private applicator training.
In addition, if you are applying dicamba products you would need to provide a copy of your certificate for the dicamba training to:
Tennessee Department of Agriculture
Consumer & Industry Services
Certification Section, Attn: Phil Hurst
P.O. Box 40627
Nashville, TN 37204
Call our Nashville office at 1-800-628-2631 or 615-837-5148 to report a complaint.
TDA will interview the complainant(s), take a statement, collect samples and take photos if needed, and review and collect application records from the applicator.
After all information is gathered and reviewed, TDA will determine if any laws or regulations have been violated and take appropriate enforcement action, including but not limited to an advisory, warning letter, or civil penalties.
No. If you choose to seek potential compensation for damage, you would file a claim with your insurance company or file a civil suit. Please consult with an attorney to determine options.
Yes. After filing the first complaint, if you suspect that possible pesticide drift has affected additional areas, you may file another complaint.
Yes. If you have already requested a copy of the file, the laboratory results will be included.
There is no charge for collection of samples.
When a pesticide analysis is requested, results from samples tested by the TDA Technical Services Laboratory are typically available within two weeks.
If the Technical Services Laboratory does not have the capability to run a particular test requested, the sample will be sent to an outside laboratory for analysis. That process can take two weeks or longer.
Yes. During the initial visit, the inspector assigned to the complaint will ask if you would like a copy of the file, or you may contact the office to request a copy at 615-837-5148.
Yes, as long as the case does not involve criminal prosecution and any appropriate fees associated with records requests are paid.
Yes, as long as it is not a criminal case.