Saturday, September 25, 2021

Arkansas Supreme Court issues stay, allowing dicamba use through June 30

spraying beansThe Supreme Court of Arkansas on June 7 issued a stay order, essentially reinstating the use of low-volatility formulations of dicamba on Xtend crops through June 30.

The ruling overturns a temporary restraining order issued May 21 by the Pulaski County Circuit Court, 16th Division, delaying implementation of the 2021 amendments to the State Plant Board’s Pesticide Classification rules – commonly known as the dicamba rules.

Effect of the Supreme Court stay:

The legal effect of the Supreme Court’s stay is that the State Plant Board’s recently adopted emergency rule amendments regarding the use and application of dicamba are again in effect.

Main points of the emergency rule include:

(1) In-crop application of dicamba shall be prohibited after June 30.

(2) A one-mile buffer in all directions must be maintained between the fields where dicamba is applied and research stations operated by the University of Arkansas System Division of Agriculture.

(3) A half-mile buffer in all directions must be maintained in all directions between the fields where dicamba is applied and fields where certified organic crops and commercially grown specialty crops (defined as at least 1,000 plants or average annual sales of $25,000 for three years) are grown.

(4) A quarter-mile buffer must be maintained in all directions between fields where dicamba is applied and fields where soybeans and cotton that are not genetically engineered to resist dicamba are grown.

The rule may be viewed on the Arkansas Department of Agriculture webpage at Emergency Rules on Pesticide Use, Dicamba.

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