### State-Specific Dicamba Regulations

January 24, 2013

Under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), EPA has the primary responsibility to regulate pesticides. FIFRA requires EPA to stipulate conditions of use to ensure no unreasonable adverse effects on human health or the environment result from pesticide use according to approved label directions. While EPA is the princi pal regulator of pesticides, FIFRA also authorizes states to regulate the sale and use of pesticides. On ce a pesticide product is approved by the EPA, states must register the product according to state pesticid e regulations before the product can be promoted, distributed for sale, or used in their respective st ate. States are permitted to apply more stringent requirements on the use of the pesticide as need ed to address specific local considerations, but modifications to the product label in a manner that reduces requirements of the federally approved label are not permitted. States have the primary responsib ility to enforce the use of the pesticide product in accordance with the product label, including applica tion requirements that minimize potential off-target impacts.

Presently, dicamba is subject to specific use regulations or requirements in six states, see Table 1 for information on current dicamba state regulations. M onsanto has engaged in discussions with individual state Departments of Agriculture or Pesticide Dire ctors in key row crop producing states and with the American Association of Pest Control Officials (AAPCO) State/FIFRA Issues Research and Evaluation Group (SFIREG) 1 to understand the concerns for dicamb a offsite movement and to discuss the effectiveness of Monsanto’s application requireme nts to minimize potential off-target impacts of dicamba. Prior to authorizing the use of dica mba on MON 87708, state pesticide regulating authorities will review the EPA-approved product label, whic h includes application requirements to minimize potential impacts of dicamba offsite movement, and other information required by the state. As a part of this process the state regulating Agency will determin e if new or existing state dicamba regulation or restriction is necessary before approving the produc t for use. The incorporation of application requirements in the product label allows the states to enforce these requirements w ith applicators. Some states may chose to approve the product label without additional regulation or restriction and monitor incident reports post commercialization to de termine if further action is warranted.

1 http://www.aapco.org/meetings/minutes/201 2/dec10/full_sfireg_m inutes_dec2012.pdfState-Specific Dicamba Regulations. January 24, 2013

Monsanto Company Petition Number 10- SY-210-U/10-188-01p Page 2 of 2 Table 1: Dicamba-Specific State Regulations

State Type of Applications Restricted 1 Reference to State-Specific Dicamba Regulation CA 2 aerial http://www.cdpr.ca.gov/docs/le gbills/calcode/020404.htm

3

FL aerial and ground https://www.flrules.org/gateway/RuleNo.asp?title=PESTI CIDES&ID=5E-2.033 MS aerial http://www.mdac.state.ms.us/ag ency/regulations_laws/ind ex_regl_subpart3_BPI.html 4 OK aerial and ground http://pested.okstate.edu/rule.htm TX other http://texasagriculture.gov/RegulatoryPrograms/Pesticides /RegulatedHerbicides/RegulatedHerbicidesCounties.aspx

http://www.texasagriculture.gov/ Portals/0/Publications/PE ST/pes_regherobicides.pdf

http://www.texasagriculture.gov/RegulatoryPrograms/Pest icides/RegulatedHerbicides.aspx WA 2 aerial and ground http://apps.leg.wa.gov/wac/ default.aspx?cite=16-231

1 Dicamba use on MON 87708 will be li mited to ground applications.

2 Soybean is not presently grown in this state and Monsanto does not intend to commercialize MON 87708 there.

3 See Sections 6460 Drift Control and 6464 Phenoxy and Certain Other Herbicides.

4 See Section 10.