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Are these laws enough?

There is broad consensus that most current and potential uses of nano in the food sector will be covered by existing laws. Some people are concerned, however, that these laws may not be suited to some uses of nano in foods and may not always provide a high enough level of consumer protection.

What’s the problem?

Food laws don’t mention nano
Aside from the law on food additives (above), food safety laws do not refer specifically to nano. However, this isn’t thought to present much of a problem. EU food laws are so wide-ranging that they are expected to cover all food products (including nano in foods).

Novel foods: is nano novel?
The Novel Foods Regulation (above) states that manufacturers wanting to sell a new food product must apply for authorisation, although, if that product is virtually identical to one already on the market, the manufacturer can go through a much simpler process.

There is concern that new foods containing nano may be considered to be virtually identical to existing food products and by-pass the authorisation process described above. It is important to remember, however, that even if this happens, manufacturers will still be required under the general food laws to ensure that products placed on the market are safe.

Is anything being done about this?

The European Commission has recently presented proposals to change the Novel Foods Regulation. One of its goals is to clarify the meaning of ‘novel food’. ‘Novel food’, the Commission suggests, should include foods that have been altered by nano. This will help to ensure that nano versions of existing foods will be considered to be ‘novel’ and will be subject to the full authorisation procedure.

The European Parliament has also argued that the Novel Foods Regulation should include a mandatory nano-labelling requirement to ensure that all nano-sized ingredients are clearly indicated in the list of ingredients.

Methods of assessing food safety: are they suitable?
Food safety laws are designed to ensure that food is safe eat. To decide whether a particular product is safe, food manufacturers or the European Food Safety Authority use scientific risk assessment methods.

The question is whether these traditional methods of assessment are suitable for nano in foods. The general feeling is that they are a useful starting point for testing the safety of nano products.

But because nanomaterials can have very different properties from normal ones, risk assessment methods may need to be changed. For further information, see European Food Safety Authority.

Is anything being done about this?

Yes. Considerable progress has been made in the development of safety assessment methods for nanomaterials. Work in this area is currently being undertaken by a number of national and international standardisation committees, such as the British Standards Institute (BSI), the International Standards Organisation (ISO), and the Organisation for Economic Co-Operation and Development (OECD).

The House of Lords Select Committee on Science and Technology has launched an inquiry into Nanotechnologies and Food to investigate the use of nanomaterials and nanotechnologies in the food sector. The Committee will look at a wide range of issues, including the state of science and its current use in relation to food products, health and safety, the regulatory framework, public engagement and consumer information.

The Committee’s findings will be published in a report, and will make recommendations to the government and others involved in food regulation.

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