EPA Fines Nutrien Ag Solutions Over Dicamba Applications

The U.S. Environmental Protection Agency (EPA) reported on Nov. 10 that it has fined Nutrien Ag Solutions Inc., Loveland, Colo., for allegedly applying dicamba products illegally on farms in Kansas during 2020 after the product registrations were cancelled by the federal government. EPA said the company will pay $668,100 in penalties.

“It’s critical that pesticide applicators follow labeling requirements to prevent off-site movement of pesticides that can damage non-target crops,” said Acting EPA Region 7 Administrator Edward H. Chu. “This enforcement action demonstrates the agency’s commitment to ensuring the safe use and distribution of pesticide products.”

In 2020, EPA canceled the use of certain pesticides containing dicamba in response to a Ninth Circuit Court order vacating the registration of those pesticides (GM June 5, 2020) due to reports of crop damage from drift. In its cancellation order, EPA said that farmers could use their existing stocks of three pesticides containing dicamba until July 31, 2020, but that applicators must adhere to all product labeling requirements.

According to EPA, Nutrien Ag Solutions violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) when it allegedly used two dicamba products in a manner inconsistent with the approved label on at least 27 occasions. Further, EPA alleged that the company violated the law on 33 occasions when it applied other dicamba products on multiple Kansas farms during periods of high winds in violation of pesticide label requirements.

EPA said Nutrien Ag Solutions has taken steps to address the alleged violations, including conducting training on pesticide applications, working with pesticide applicators to comply with label and other requirements, and improving its recordkeeping practices.