Supplemental Information for Petition for Determination of Non

- regulated Status for
Herbicide Tolerant DAS

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- 4 Soybean

Stewardship of Herbicide Tolerant Trait Technology for DAS

- 68416

- 4 Soybean

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:

________________________ __________

Mark Krieger Regulatory Leader

Regulatory Sciences & Government Affairs Dow AgroSciences LLC
9330 Zionsville Road Indianapolis, IN 46268 Telephone: (317) 337

- 3458 FAX: (317) 337

- 4649 mkrieger2 @dow.com

June 24

, 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

- 68416

- 4 s oybean , which provides
tolerance to th e herbicides 2,4

- dichlorophenoxy acetic acid (2,4

- D) and glufosinate

.

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

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- 4 s oybean and its associated new herbicide technology, 2,4

- D choline s alt.Supplemental Information for USDA Petition for Nonregulated Status of DAS

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### Stewardship of Herbicide Tolerant Trait Technology for DAS

- 68416

- 4 Soybean

Table of Contents

1

. Introduction

________________________________ ________________________ 4

2

. Stewardship Goals

________________________________ ___________________ 4

3

. Stewardship Program Components

________________________________ _____ 5

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

________________________________ ______ 1 0

5

. Industry Commitment and Involvement

________________________________ 11

6

. Conclusion

________________________________ ________________________ 1 1

7

. References

________________________________ ________________________ 1 2Supplemental 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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- 4 Soybean

1

. Introduction

DAS

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- 4 Soybean is a transgenic soybean product that provides tolerance to 2,4

- dichlorophenoxyacetic acid (2,4

- D) and glufosinate. This herbicide

- tolerant soybean will provide growers with greater flexibility in selection of herbicides for the improved
control of economically important weeds; allow an increased application window for effective weed control; and provide an effective resistance management prevention
solution to the increased i ncidence of hard

- to

- control and glyphosate resistant weeds 1

.

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 program for DAS

- 68 416

- 4 s oybean 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 will be accompl ished 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).

2

. S tewardship Goals

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

68416

- 4 s oybean and 2,4

- D choline salt include:

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

,

 Promoting compatibility with other crops 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

.

1 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 trea tment with a specific
herbicide or herbicides 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 foll owing exposure to a dose of a herbicide normally 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 inh erently 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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3

. Stewardship Program Comp onents

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 :

 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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- 4 s oybean s containing this new herbicide tolerant trait technology will be required to sign a g rower a greement that provides the
terms and conditions for the authorized use of the technology . The g rower a greement will include a provision requiring them to follow 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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- 4 s oybean

. New herbicide formulations containing the active ingredient, 2,4

- D choline salt 2

, 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 than 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. Th e 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)

.

2 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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- 4 soybean is currently under EPA review.Supplemental Information for USDA Petition for Nonregulated Status of DAS

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

- D choline with glyphosate for use with DAS

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- 4 s oybean

. 3 As compared to tank mixes of traditional 2,4

- D products and commercial glyphosate, this premix uses formulation technologies that will result in a significant reduction in herbicide off

- target

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

.

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 agreements and product use guides. The product use guide will require that growers only use authorized 2,4

- D cho line products for use with soybeans 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 directions a nd 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 bi otypes 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. Certain agro nomic 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 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:

3 An application for 2,4

- D choline and glyphosate premix use with DAS

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

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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 mode 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 Cul tural 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.

 Report 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.

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 b e 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 applic ation 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 influe nce pesticideSupplemental Information for USDA Petition for Nonregulated Status of DAS

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

- D choline salt for use with DAS

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- 4

s oybean 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 fi eld temperature that minimize the potential for off

- 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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- 4

s oybean

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

- tar get move ment 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 soybean 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 be en 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 product fact sheets. Icons w ill appear on seed bag tags to remind growers of herbicide requirements at the time of planting.

3.3.3 Technical Bulletins

Dow AgroSciences will create comprehensive technical bulletins on these products including elements that address weed resistanc e 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 Literature 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 com monly uses direct mailings to customers, and will promote responsible stewardship of theSupplemental Information for USDA Petition for Nonregulated Status of DAS

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herbicide tolerant trait technology through newsletters and correspondence. These direct mailings will emphasize responsible use practices, label compliance, weed res istance 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 product placement, specific guidelines for planting transgenic tra its, 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 stewar dship 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 additio n 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 meetings, 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 and 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 r etailers

, g rowers and a pplicators will include: DAS

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- 4

s oybean trait technology (including herbicide tolerance and agronomic practices), 2,4

- D choline herbicide solutions (including label education, weed resistance management 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,

 Recommendations to f ollow all labeled application rates and recommendations,

 How to a pply herbicides at the proper weed size or growth stage, andSupplemental Information for USDA Petition for Nonregulated Status of DAS

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

As part of the various delivery methods and tools t o 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 information 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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- 4 s oybean 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 Dow AgroSciences, the grower must provide information indicating the location of all fields planted with DAS

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

- farm visits and field inspections.

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 AgroScience s will evaluate additional feedback from r etailers

, g rowers and

a ppl icators for the continuous improvement of th is s tewardship p rogram following the
launch of DAS

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- 4 s oybean

.Supplemental Information for USDA Petition for Nonregulated Status of DAS

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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 He rbicide 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 in acti ve 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 managem ent. 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 applic able requirements of federal and state government agencies, Dow AgroSciences is a Founding Member of the biotechnology industry’s Excellence Through Stewardship ® organization which encourages effective and comprehensive stewardship programs and quality management systems throughout a trait product’s life cycle.

6

. Conclusion

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

- 68416

- 4 s oybean 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 methods, and working with customers, stakeholders and industry organizations to promo te responsible use of the technology

.Supplemental Information for USDA Petition for Nonregulated Status of DAS

- 68416

- 4 Soybean Page 12 of 12 Dow AgroSciences LLC

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. Proceedings 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/