An application that proposes a food use approval for an inert ingredient that is not contained in any pesticide product registered for use in or on food. The use may require the establishment of or the exemption from the requirement of a tolerance under section 408 of the FFDCA. The application must contain a petition to establish tolerances or exemptions from the requirement of a tolerance for all food/feed commodities for which food use approval is sought as well as the submission of data supporting the petition. Examples of food uses include: use on foods, for example, corn or apples; aquatic uses involving potable water, irrigation, or requiring tolerances for fish, or shellfish; uses on areas where food may be grown or raised such as pasture, rangeland, home garden, beehive; uses involving livestock, such as livestock housing, livestock dips, and livestock ear tags and food handling storage establishment premises and equipment (e.g. eating establishments, meat processing equipment, food handling equipment). Prior to a submission under this category, OPP highly recommends the applicant request a meeting with the Agency to go over data needs. Additional information regarding applications for approval of new food use inert ingredients can be found at http://www.epa.gov/opprd001/inerts/inertpetition.pdf. If the application covers multiple ingredients grouped by EPA into one chemical class, a single registration service fee will be assessed for approval of those ingredients.

If another covered application intends to associate with and depend upon an already pending application for an inert ingredient approval in this category, the dependent application must identify the pending inert ingredient action with its inert approval tracking number assigned by the Agency, name of the inert ingredient(s) that is pending and the inert ingredient’s applicant’s name. Due to CBI concerns, the Agency will not provide information to the applicant of the dependent covered application regarding the status of the pending inert ingredient approval action beyond information that must be shared to adjust decision review times for the dependent application as discussed below. All other information on the inert ingredient’s approval action MUST come from the inert ingredient applicant.

The decision review time due date for the dependent covered application will be extended to match the decision review time due date of the pending inert ingredient approval action, unless the decision review time due data for the dependent covered application is further out, in which case the dependent covered application will initially be subject to its own decision review time.

If the application covers multiple inert ingredients grouped by EPA into one chemical class, a single registration service fee will be assessed for approval of those inert ingredients.

If EPA data rules are amended to newly require clearance under section 408 of the FFDCA for an ingredient of an antimicrobial product where such ingredient was not previously subject to such a clearance, then review of the data for such clearance of such product is not subject to a registration service fee for the tolerance action for two years from the effective date of the rule.