Supplemental Information for Petition for Determination of Non

- regulated Status for

Herbicide Tolerant DAS

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- 9 Corn

Stewardship of Herbicide Tolerant Trait Technology for DAS

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- 9 Corn

The undersigned submits this information under 7 CFR 340.6 to support the determination that the article should not be regulated under 7 CFR 340.

Submitting Company:

Dow AgroSciences LLC

Submitted by:

___________________________ _______

T. Craig Blewett Ph.D Regulatory Leader

Regulatory Sciences & Government Affairs Dow AgroSciences LLC

9330 Zionsville Road Indianapolis, IN 46268 Telephone: (317) 337

- 4421 FAX: (317) 337

- 4649

tcblewett @dow.com

May 9

, 2011Supplemental Information for USDA Petition for Nonregulated Status of DAS

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Summary

Dow AgroSciences (DAS) has submitted a petition to the United States Department of Agriculture (USDA)’s Animal and Plant Health Inspection Service (APHIS) for the

determination of non

- regulated status for DAS

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- 9 corn, which provides tolerance to the herbicides 2,4

- dichlorophenoxy acetic acid (2,4

- D) and quizalofop.

This document provides information pertaining to Dow AgroSciences’ comprehensive stewardship program for DAS

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- 9 corn and its associated new herbicide technology, 2,4

- D choline sal t.Supplemental Information for USDA Petition for Nonregulated Status of DAS

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### Stewardship of Herbicide Tolerant Trait Technology for DAS

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Table of Contents

1

. Introduction

________________________________ ________________________ 4

2

. Stewardship Goals

________________________________ ___________________ 4

3

. Stewardship Program Components

________________________________ _____ 4

3 .1 Authorized Use Through Grower Agreements

3 .2 2, 4

- D Choline Herbicide Technology

3.3 Comprehensive Product Use Information

3.3.1 Product Use Guides

3.3.2 Product Labels, Seed Bags and Tags

3.3. 3 Technical Bulletins

3.3. 4 Product Literature and Direct Mailings

3.3. 5 Internet Resour c es

3. 4 Education and Training for Retailers, Growers and Applicators

3.5 Compliance Monitoring

4

. Stakeholder Outreach and Input

________________________________ ______ 11

5

. Industry Commitment and Involvement

________________________________ 11

6

. Conclusion

________________________________ ________________________ 1 2

7

. References

________________________________ ________________________ 1 3

8. Appendix A : EnlistTM Weed Control System Stewardship Program Overview

__ 1 4Supplemental Information for USDA Petition for Nonregulated Status of DAS

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### Stewardship of Herbicide Tolerant Trait Technology for DAS

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1

. Introduction

DAS

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- 9 corn is a transgenic corn product that provides tolerance to 2,4

- dichlorophenoxyacetic acid (2,4

- D) and aryloxyphenoxypropionate (AOPP) acetyl coenzyme A carboxylase (ACCase) inhibitors (“ FOP ” herbicides). This herbicide tolerance trait will provide growers with greater flexibility in selection of herbicides for the improved control of key broadleaf weeds; allow an increased application window for effective weed control; provide an effective resistance management prevention solution to the increased incidence of glyphosate

, acetolactate synthase (ALS ) and triazine resistant weeds; and enable the use of a FO P herbicide (such as quizalofop) as a selection agent in breeding nurseries.

Dow AgroSciences is committed to promoting the res ponsible use and stewardship of this

new herb icide tolerant trait technology and will implement a comprehensive stewardship

pr ogram for DAS

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- 9 corn and its associated herbicide technology containing a new 2,4

- D choline salt. The stewardship program will focus on educating and training retailers, growers and applicators on the appropriate use of this new technology. This

wi ll be accomplished by using a multi

- faceted approach, including use of a variety of tools and delivery methods, and working with customers, stakeholders and industry organizations to promote responsible use of the technology (Dietz

, 2010 )

. Appendix A provides a n o vervie w of the program

.

2

. S tewardship Goals

Spec ific goals of Dow AgroSciences’ comprehensive stewardship program for DAS

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- 9 corn and 2,4

- D choline salt include:

 Promoting the responsible use of this new technology to sustain its viability

,

 Promoting compatibility with other c rops and cropping systems

,

 Providing distributors, retailers, growers, and applicators comprehensive guidance

on responsible technology use, and

 Support ing compliance with state and federal regulatory requirements

.

3

. Stewardship Program Components

To meet the above

- described stewardship goals, Dow AgroSciences is developing a comprehensive stewardship program based on its experience and input from stakeholders. Key c omponents of the stewardship program include :Supplemental Information for USDA Petition for Nonregulated Status of DAS

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 Authorized use through grower agreements

,

 New 2,4

- D choline based herbicide technolog ies

,

 Comprehensive product use information

,

 Education and training

, and

 Compliance monitoring

.

3.1 Authorized Use Through Grower Agreements

Growers who purchase and plant DAS

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- 9 corn hybrids containing this new herbicide tolerant trait technology will be required to sign a Grower Agreement which provides the terms and conditions for the authorized use of the technology . The Grower Agreement will include a provision requiring them to f ollow the product use guide and all pesticide label requirements

.

3. 2 2,4

- D Choline Herbicide Technology

Dow AgroSciences has discovered and developed a novel (non

- ester or non

- amine ) 2,4

- D choline salt herbicide product for use with DAS

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- 9 corn. New herbicide formulations containing the active ingredient, 2,4

- D choline salt 1

, are focused on improving non

- target crop and environmental safety by offering growers and applicators herbicide prod ucts with ultra low volatility and minimiz ed potential for physical drift.

An exceptionally low volatility of 2,4

- D choline sal t has been demonstrated in both laboratory studies and preliminary field studies. For example, in a laboratory study, wheat plants treated with rates ten times higher tha n specified on the label of 2,4

- D choline were placed in an enclosed chamber with grape and tomato plants (Ouse et al., 2010) . After 24 hours of exposure in the chamber at 104 ° F, neither sensitive crop showed any symptoms of injury. The lack of any symptoms on the grape and tomato plants is a clear indication that there was no detectable volatility following application of 2,4

- D choline salt. Preliminary field results are consistent with these laboratory findings (Hillger et al., 2010)

.

Dow Agr oSciences is also developing an innovative premix formulati on that combines 2,4

- D choline with glyphosate for use with DAS

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. As compared to tank mixes of traditional 2,4

- D products and commercial glyphosate, this premix uses

formulation techn ologies that will result in a significant reduction in herbicide off

- target

1 The United States Environmental Protection Agency (EPA) has accepted DAS’s submission for a wide range of crop and non

- crop herbicide uses for 2,4

- D choline salt

. Registration for use with DAS

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corn is currently under EPA review

. 2 An a pplication for 2,4

- D choline and glyphosate premix use with DAS

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- 9 corn will be submitted to
EPA shortly.Supplemental Information for USDA Petition for Nonregulated Status of DAS

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movement from particle drift (Wilson et al., 2010). This premix product will reduce the potential for off

- target movement from both particle drift and volatility.

Use of DAS

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- 9 corn with its associated new herbicide technology will enable growers to control weeds that are hard

- to

- control or resistant to glyphosate 3

. This will provide an important alternative to glyphosate

- only herbicide tolerance by enabling the

use of 2,4

- D choline and, in the case of corn , quizalofop. Specific stewardship programs will be implemented in conjunction with that for Dow AgroSciences’ 2,4

- D choline herbicide technologies to help preserve glyphosate efficacy and promo t e glyphosate, 2,4

- D and FOP resistance management.

3. 3 Comprehensive Product Use Information

3.3.1 Product Use Guides

Dow AgroSciences will establish product use guidelines and educate the technology users on responsible use via channel partner standards and agreements, grower use agreements and product use guides. The product use guide will require that growers only use authorized 2,4

- D choline products for use with corn hybrids containing this new

herbi cide tolerant trait technology. It will include information on herbicide resistance management, application and management of off

- target herbicide m ovement, as well as seed planting dire ctions and grain stewardship.

3.3.1.1 Herbicide Resistance Management

Based on the mode

- of

- action classification system of the Weed Science Society of America, 2,4

- D is a Group 4 growth regulator h erbicide (synthetic auxin). Some naturally occurring weed biotypes that are tolerant (resistant) to 2,4

- D may exist due to genetic variability in a weed population. Where resistant biotypes exist, the repeated use of

herbicides with the same mode of action can lead to the selection for resistant weeds.

Cert ain agronomic practices reduce the likelihood that resistant weed populations will develop and can be utilized to manage weed resistance once it occurs.

Proactively implementing diversified weed control strategies to minimize selection for weed populations resistant to one herbicide or more is recommended. A diversified weed

3 The following definitions are applied throughout this document: 1). Herbicide Tolerant Crop : A crop plant that has been developed (using techniques such as genetic engineering or selection of variants produced by tissue culture or mutagenesis) to survive and reproduce after treatment with a specific

herbicide or herbicid es that would nor mally damage an unmodified crop; 2). Herbicide Resistant

Weed: A herbicide

- resistant weed is a member of a population within a species that has an inherited ability to survive and reproduce following exposure to a dose of a herbicide nor mally lethal to susceptible populations of the species. Through repeated herbicide selection, the resistant population b ecomes dominant in a given area, and 3 )

. Hard

- to

- Control Weed : A weed species that is inherently able to

withstand treatment with a herbicide as a result of natural factors not involving herbicide selection or genetic mutation.Supplemental Information for USDA Petition for Nonregulated Status of DAS

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management program may include the use of multiple herbicides with different modes of action and overlapping weed spectrum with or without tillage operations and/o r other cultural practices. Research has demonstrated that using the labeled rate and directions for use is important to delay selection for resistance.

To aid in the prevention of developing 2,4

- D resistant weeds, Dow AgroSciences

reco mmends the follo wing practices for herbicide selection, crop selection and cultural practices:

Herbicide Selection

 Rotate the use of 2,4

- D choline salt with non

- auxin (non

- Group 4) herbicides.

 Utilize a broad spectrum soil

- applied herbicide as a foundation treatment.

 Utilize premixes, tank mixes or sequential applications of herbicides with

alternative modes of action.

 Avoid using more than two applications of a Group 4 herbicide, such as 2,4

- D

choline salt , within a single growing season unless mixed with another mod e of action herbicide with overlapping spectrum.

 Apply full rates of 2,4

- D choline sale at the specified time (correct weed size) to minimize escapes of tolerant weeds

.

Crop Selection and Cultural Practices

 Incorporate additional weed control practices whenever possible, such as dela yed planting, crop rotation, mechanical cultivation and weed

- free crop seeds, as part of an integrated weed control program.

 Do not allow weed escapes to produce seeds, roots or tubers.

 Thoroughly clean plant residues from equipment before leaving fields suspected

to contain resistant weeds.

 Scout fields after application to detect weed escapes or shifts in weed species.

 If resistance is suspected, treat weed escapes with an alternate mode of action or

cultivation.

 Repo rt any incidence of repeated non

- performance of this product against a particular weed species to the local retailer, county extension agent, or Dow AgroSciences representative.Supplemental Information for USDA Petition for Nonregulated Status of DAS

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3.3.1.2 Herbicide Application and Management of Off

- Target Movement

The new 2,4

- D choline containing herbicide products will minimize off target movement by reducing volatility and

, in the case of the glyphosate + 2,4

- D choline premix

, off target movement will be minimized by reducing volatility and reducing the number of driftable

fines.

To further minimize the potential for off

- target movement with the new 2,4

- D choline containing herbicide products

, the product use guide will include recommendations on application equipment and methods such as following proper equipment maint en ance, calibration and use.

A variety of factors including weather conditions (e.g., wind direction, wind speed,

temperature, and relative humidity) and method of application can influence pesticide

drift. Product use guides will require a pplicat ors to evaluate factors and make appropriate adjustments when applying 2,4

- D choline salt for use with DAS

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- 9 corn consistent with the final product label approved by EPA. Dow AgroSciences is conducting significant research on nozzles for spray application. T he product use guide will include instructions on using specific nozzles that minimize driftable spray droplets, specified environmental conditions such as wind speed and field temperature that minimize the potential for of f

- target movement due to particle o r vapor drift.

3.3.2 Product Labels, Seed Bags and Tags

3.3.2.1 Product Labels

Dow AgroSciences has submitted a product label to EPA that includes comprehensive information and requirements for responsible use of 2,4

- D choline with DAS

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corn. Such label directions are designed to minimize the potential for weed resistance development and off

- tar get movement of 2,4

- D choline. In addition, the submitted label does not allow herbicide application through any type of irrigation equipment and prohibits aerial application.

3.3.2.2 Seed Bags and Tags

Seed b ags and tag s of corn hybrid seed containing this new herbicide tolerant trait technology will have tags that provide stewardship information such as where to find the product use guide and g rower a greement , as well as a c ustomer i nformation telephone

number. Herbicide icons have been developed and will be included in marketing materials to clearly communicate applicable herbicide requirements to growers. When growers order seed

, the icons and information will be included in the product use guide and on hybrid fact she ets. Icons will appear on seed bag tags to remind growers of herbicide requirements at the time of planting.Supplemental Information for USDA Petition for Nonregulated Status of DAS

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3.3.3 Technical Bulletins

Dow AgroSciences will create comprehensive technical bulletins on these products including elements that address w eed resistance management strategies, herbicide application technologies, responsible application practices to reduce the potential for off

target herbicide movement, and education on other elements of the herbicide label. Dow AgroSciences will make these available to channel and grower customers. They will also be made available to university cooperators, agronomists, crop consultants, other technical professionals and the general public through publication on internet websites.

3.3.4 Product Literatu re and Direct Mailings

Dow AgroSciences will also p osition the herbicide tolerant trait technology and p romote its responsible use in its product literature by including crop agronomy, weed management, herbicide use and application information

. Dow AgroSciences commonly uses direct mailings to customers, and will promote responsible stewardship of the herbicide tolerant trait technology through newsletters and correspondence. These direct mailings will emphasize responsible use practices, label comp liance, weed resistance management, and application guidance to minimize the potential for off

- target

movement.

3.3.5 Internet Resources

Information on the technology including agronomic and proper hybrid placement, specific guidelines for planting transgenic traits, and herbicide use and application will be made available on technology provider websites. Relevant i ndustry and university links

may also be included to provide the user with additional technical information. Dow AgroSciences provides product stewardship information on its corporate and product

websites.

3.4 Education and Training for Retailers, Growers and Applicators

An extensive network of Dow AgroSciences sales representatives, field scientists, and agronomists will play an important role in educating and training retailers, growers and applicators on the proper use of the technology and application guidelines. Dow AgroSciences field personnel, in addition to product suppliers, will work with growers to select the seed and herbicide products appropriate to their needs, growing conditions, and proper application equipment for field conditions.

Dow AgroSciences will communicate to customers the importance of stewardship and responsible product use. Dow AgroSciences will utilize a variety of approaches to educate and train retailers, growers, and applicators. These will include written communications, face

- to

- face m eetings, field visits, television, radio, and/or computer

based training such as webinars and self

- paced learning modules. Product stewardship plans for the herbicide tolerant trait technology will be based on applicator, grower andSupplemental Information for USDA Petition for Nonregulated Status of DAS

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grain channel education , with reinforcement through written and verbal communications, including grower agreements, product use guides, product profiles, technical bulletins, sales literature, direct mailings, and websites.

Education topics for Retailers, Growers and Applicator s will include: DAS

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- 9 corn trait technology (including herbicide tolerance and agronomic practices), 2,4

- D choline herbicide solutions (including label education, weed resistance management 4 and herbicide application practices to minimize off

- target movement). As an example, w eed resistance management training will include information on:

 The value of r otating herbicides with different modes of action,

 How to use herbicides with different modes of action to achieve effective weed control,

 Recomme ndations to f ollow all labeled application rates and recommendations,

 How to a pply herbicides at the proper weed size or growth stage, and

 Ap propriate cultural and mechanical practices for weed control and weed resistance management.

As part of the various delivery methods and tools to educate retailers, growers, and applicators on the responsible use of this technology, Dow AgroSciences will use an online, interactive Learning Management System that will include training modules and

i nformation targeted to the users of the technology

.

3. 5 Compliance Monitoring

Dow AgroSciences is committed to implementing a compliance monitoring program for

DAS

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- 9 corn and its associated new 2,4

- D choline herbicide technology

. The monitoring program will be developed for retailers, growers, and applicators to promote responsible use of the technology.

Compliance with the grower agreement and product use guides will be tracked and monitored through surveys, communications

, and on

- farm visits. Failure to follow the requirements set forth in the grower agreement and product use guide may result in the loss of a grower’s access to the technology. The grower agreement to be signed by the grower will require that upon request by Do w AgroSciences, the grower must provide information indicating the location of all fields planted with DAS

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- 9 corn and the herbicide applied to these fields. In addition, the grower will be required to cooperate with any on

- farm visits and field insp ections.

4 In the event this trait is stacked with traits conferring tolerance to insecticides, information and education on Insect Resistance Management will be includ ed in stewardship communications and internet websites

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4

. Stakeholder Outreach and Input

Dow AgroSciences is using a variety of methods to obtain stakeholder input in the development of this product stewardship program. Dow AgroSciences is consulting with retailers, growers and applicators to understand and address their needs in order to develop an effective and comprehensive stewardship program. In addition, Dow AgroSciences is proactively seeking input from recog nized experts with a diverse range of experience in U.S. agriculture as well as producers and processors of non

- target crops.
These efforts will support implementation of stewardship practices for this technology as broadly as possible throughout the value chain.

Dow AgroSci ence s will evaluate additional feedback from r etailers

, g rowers and

a pplicators for the continuous improvement of th is s tewardship p rogram following the

launch of DAS

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- 9 corn.

5

. Industry Commitment and Involvement

Dow AgroSciences participates in several organizations and associations globally to promote the safe research and development, production, distribution, and responsible use of agricultural chemical and biotechnology products.

Dow AgroSciences is a participant in the Herbicide Resistance Action Committee (HRAC) [ http://www.hracglobal.com ] , an industry

- based group supported by CropLife

International [ http://www.croplife.org/public/resistance_management ] . HRAC focuses on encouraging responsible herbicide usage, communicating herbicide resistance management strategies and supporting their implementation through practical guidelines. HRAC engages i n active collaboration with public and private researchers, especially in the areas of problem identification and devising and implementing herbicide management strategies.

Dow AgroSciences personnel interact with academic weed scientists in addressing w eed

r esistance m anagement [ http://www.wssa.net/Weeds/Resistance/ ] issues. Dow AgroSciences conducts joint trials at university sites as well as seeking input from university researchers regarding weed m anagement. Dow AgroSciences also participate s in a wide range of professional organizations including agronomy societies, seed trade groups, weed science societies, and crop commodity groups

.

In addition to managing the technology in accordance with the applicable requirements of federal and state government agencies, Dow AgroSciences is a Founding Member of the biotechnology industry’s Excellence Through Stewardship ® organization which

encoura ges effective and comprehensive stewardship programs and quality management systems throughout a trait product’s life cycle.Supplemental Information for USDA Petition for Nonregulated Status of DAS

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6

. Conclusion

Dow AgroSciences is committed to promoting the responsible use and stewardship of this new herbicide tolerant trait technology and will implement a comprehensive stewardship program for DAS

- 40278

- 9 corn and its associated new herbicide technology, 2,4

- D

choline salt. The stewardship program will focus on educating and training retailers, growers and applicators on the appropriate use of this new technology. This will be accomplished by using a multi

- faceted approach, including use of a variety of tools and delivery metho ds, and working with customers, stakeholders and industry organizations to promote responsible use of the technology

.Supplemental Information for USDA Petition for Nonregulated Status of DAS

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7

. References

Dietz, K. (2010). DHT

- Managing the Performance, Minimizing t he Risk. Proceedings

of the 2010 North Central Weed Science Society. Volume 65. http://ncwss.org/

Ouse, D.G., Gifford, J.M., Ahmed, A.A. and Jennings, C.J. (2010). Laboratory Evaluations of New Forms of 2,4

- D for Volatility and Potential to Damage Non

- Target

Plants. P roceedings of the 2010 North Central Weed Science Society. Volume 65. http://ncwss.org/

H i llger, D.E., Havens, P.L., Simpson, D.M. and Braxton, B. Field Methods for Evaluation of Herbicide Volatility. Proceedings of the 2010 North Central Weed Science Society. Volume 65

. http://ncwss.org/

Wilson, S.L., Qin, K. and Downer, B. (2010). Reducing Herbicide Particle Drift with Combinations of Application Equipment and Herbicide Formulation Innovations. Proceedings of the 2010 North Central Weed Science Society. Volume 65. http://ncwss.org/Supplemental Information for USDA Petition for Nonregulated Status of DAS

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Appendix A: EnlistTM Wee d Control System Stewardship Program OverviewSupplemental Information for USDA Petition for Nonregulated Status of DAS

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