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Plant Board Hears Petition for Rulemaking & Moves to Adopt New Dicamba Use Rule

At its quarterly meeting on March 3rd, the Arkansas State Plant Board moved to adopt new rules regulating dicamba use for the 2021 crop year. The new proposed rule would dispose of the previous proposed rule, which contained a May 25th stop use date and other restrictions. The new rule, if finalized in its current form, would make the full federal labels for dicamba formulations approved for over-the-top, in-crop use be the standard for approved uses in Arkansas for the coming growing season. The Governor will review the newly proposed rule, and if he approves, the proposed rule would then be open to public comment for a 30 day period. Following the public comment period, the Plant Board will consider whether to adopt any additional changes to the rule, and whatever is finalized would be subject to review and approval of the Governor and legislature.

The vote in favor of adopting the federal rule was approved by a vote of 8-7.

More below:

https://www.agriculture.arkansas.gov/events/plant-board-meeting-tbd/

https://www.agriculture.arkansas.gov/wp-content/uploads/2021/02/ATTACHMENT-5-Petition-For-Rulemaking.pdf

https://www.arkansasonline.com/news/2021/mar/04/plant-board-eases-dicamba-use-rules/?news-arkansas

Press Statement from Ag Department on new proposed rule:

Arkansas Department of Agriculture

FOR IMMEDIATE RELEASE: 03/04/2021

CONTACT: Amy Lyman, (501) 219-6323, amy.lyman@agriculture.arkansas.gov

Arkansas State Plant Board Votes to Change Current Dicamba Rule

The Arkansas Department of Agriculture’s State Plant Board held a regularly scheduled board meeting on Wednesday, March 3, 2021.

During the meeting, the board considered a petition for rulemaking seeking changes to the current dicamba rule, Section XIII (B) of the Arkansas Rules on Pesticide Use, found at agriculture.arkansas.gov/wp-content/uploads/2020/05/AR_Regulation_on_Pesticide_Classification_Rev._01-20.pdf. After discussion of the petition, the board voted to initiate rulemaking and proposed a rule that, if adopted, would allow farmers and applicators to follow the federal label in the use of dicamba.

The proposed rule would allow the over-the-top spraying of Engenia, Xtendimax, and Tavium through June 30 on soybeans and through July 30 on cotton. The proposed rule will also require a pH buffering agent, also called a Volatility Reducing Agent, to be tank-mixed with dicamba, and will require a downwind buffer of 240 feet.

In accordance with the Arkansas Administrative Procedure Act, the proposed rule will be open for public comment for 30 days. Following the public comment period, the board will review any comments received and determine if any changes should be adopted as a result of the comments. The rule will then go the Arkansas Legislative Council’s Administrative Rules Subcommittee, with additional review and approval by the full Arkansas Legislative Council before becoming effective.

The current cutoff date for spraying dicamba in Arkansas is May 25. The May 25 cutoff will remain in effect until a new rule has received final approval.

A copy of the proposed rule and notice of the 30-day comment period and future Plant Board meetings will be available on the Arkansas Department of Agriculture’s website as they become available.

The Arkansas Department of Agriculture is dedicated to the development and implementation of policies and programs for Arkansas agriculture and forestry to keep its farmers and ranchers competitive in national and international markets while ensuring safe food, fiber, and forest products for the citizens of the state and nation. Visit agriculture.arkansas.gov/. The Arkansas Department of Agriculture offers its programs to all eligible persons regardless of race, color, national origin, sex, age, or disability and is an Equal Opportunity Employer.