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Green NGO demands nanotech legislation

Published 13 March 2008
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Consumers are unknowingly using hundreds of products containing potentially toxic nanomaterials, according to a new report by Friends of the Earth (FoE). The NGO is calling for a moratorium on the commercial release of any new food products until a specific legislative framework regulating nanomaterials as new substances is developed.

The environmental NGO argues that it has identified at least 104 food and agricultural products either containing untested and potentially hazardous manufactured nanomaterials, or manufactured using nanotechnology. These products are listed in a report released on 11 March 2008. Friends of the Earth believes that the real number of products is much higher "given that many food manufacturers may be unwilling to advertise the nanomaterial content of their products". 

The group is calling on European policymakers to adopt comprehensive and precautionary legislation to manage the risks raised by the use of nanotechnology and asks for a "moratorium on the further commercial release of food products, food packaging, food contact materials and agrochemicals that contain manufactured nanomaterials" until the new laws are in place.

The fear is that nanoparticles and materials used in, for example, food contact materials could eventually be transmitted to the actual food ingredients or inhaled and absorbed through the skin by consumers. The behaviour of these materials inside the body is not yet known, which makes the potential health effects impossible to predict. The Commission has asked the European Food Safety Authority (EFSA) to deliver a general opinion on the potential risks of the use of nanotechnologies in the food sector.

The EU executive is expected to issue a regulatory review in April 2008 to establish whether new legislative action is required to cover these risks. But according to a Commission official, the communication will argue that no new specific regulation on nanotechnology is needed as the related health and environmental risks are already covered by EU legislation on chemicals, novel foods and food packaging. 

Positions: 

"Europeans should not be exposed to potentially toxic materials in their food and food packaging until proper regulations are in place to ensure their safety. Policymakers must stop claiming that existing regulatory frameworks are adequate to deal with the emerging science of nanotechnology and address the gaps in current food safety legislation as soon as possible," said Helen Holder from Friends of the Earth Europe

CIAA, the voice of the European food and drink industry, believes that there is no need to have specific nanotechnology legislation but that it is important to review the existing regulatory framework and adapt it if necessary. CIAA notes that naturally occurring nanoparticles have always been present in food such as milk and fruit juice and asks how the distinction between a naturally present nanoparticle and a manufactured one should be made.

Frank Benham from Aquanova, a company providing liquid solutions mentioned as one of the producers of 'nanotech food' by Friends of the Earth, told EurActiv that "there is no nanotech in what we are doing" and asked for better communication and understanding of the difference between artificial, manufactured nanoparticles and those particles which are naturally present at nano scale. He said that it does not make sense to apply artificial nanoparticles to food as such, but rather to packaging. Regarding the need for specific legislation, he said that before drafting any, it was very important to define what we understand by nanostructures and to differentiate materials from technology.

Next steps: 
  • April 2008: The Commission is expected to publish a regulatory review to establish whether new legislation on nanomaterials is needed. 
  • By July 2008: The European Food Safety Authority (EFSA) will publish its general opinion on the potential risks of the use of nanotechnologies in the food sector. After, the opinion will be submitted for public consultation.
Background: 

According to Nanoforum, a European platform on nanotech, 'nanofood' stands for the use of nanotechnology techniques or tools during the cultivation, production, processing or packaging of the food. Even though some think that atomically modified molecular food could some day be created by using nanomachines, this is not the case today.

The aim of researchers is to use this technology to change food processing and enhance the safety and nutritional quality of food. Applications of nanotechnology in the food industry include smart packaging, on-demand preservatives and interactive foods, which would allow consumers to modify the nutritional value, taste and colour of food according to their needs.

Manufactured nanoparticles can already be found in food packaging and other food contact materials, such as storage containers, cutlery and chopping boards. Packaging materials based on nanotechnology can extend the shelf-life of food and drink and improve food safety, thanks to antimicrobial packaging. Future 'smart packaging materials' are expected to absorb oxygen and detect food pathogens and salmonella, as well as to alert consumers of spoiled food.

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