Can commonly consumed foods be used as inert ingredients in minimum risk pesticide products?

For the most part, yes. EPA's policy is that most "commonly consumed foods" are considered List 4A inerts of minimal concern, even if they are not explicitly included on the list of minimal risk inerts. However, there are some common foods that may not be used as inert ingredients, particularly those that can cause allergic reactions, including both the raw and processed forms of peanuts, tree nuts, milk, soybeans, eggs, fish, crustacea, and wheat. The following description is taken from 40 CFR § 180.950 Tolerance Exemptions for Minimal Risk Active and Inert Ingredients and provides important clarifications about commodities that are included and excluded from of the definition of commonly consumed foods:

Commonly consumed food commodities means foods that are commonly consumed for their nutrient properties. The term commonly consumed food commodities shall only apply to food commodities (whether a raw agricultural commodity or a processed commodity) in the form the commodity is sold or distributed to the public for consumption.

1.     Included within the term commonly consumed food commodities are:

A.     Sugars such as sucrose, lactose, dextrose and fructose, and invert sugar and syrup.
B.     Spices such as cinnamon, cloves, and red pepper.
C.     Herbs such as basil, anise, or fenugreek.

2.     Excluded from the term commonly consumed food commodities are:

A.     Any food commodity that is adulterated under 21 U.S.C. 342.
B.     Both the raw and processed forms of peanuts, tree nuts, milk, soybeans, eggs, fish, crustacea, and wheat.
C.     Alcoholic beverages.
D.     Dietary supplements.

• In addition to the active ingredients, what other ingredients may be used in minimum risk pesticide products?
• If a List 4A minimal risk inert has active, pesticidal properties, can it be used as the active ingredient in an exempt product?
• Can new inert ingredients be added to List 4A?