Nano and Other Emerging Chemical Technologies Law Blog: Lawyer & Attorney : Bergeson & Campbell Law Firm : Nanotech and Chemical Legal Developments

On October 25, 2007, the Agency for Toxic Substances and Disease Registry (ATSDR) requested nominations from a list of proposed substances that it will evaluate for toxicological profile development. The list of proposed substances includes nanomaterials. According to the notice, ATSDR will evaluate all data and information associated with the nominated substances and will determine the final list of substances to be chosen for toxicological profile development. Comments are due November 26, 2007.

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On October 17, 2007, the National Toxicology Program (NTP) announced that the Board of Scientific Counselors (BSC) will meet on December 6, 2007. The notice states that the preliminary agenda topics include review of NTP study nominations and proposed research and testing activities for several substances, including nanoscale gold. Written comments are due November 21, 2007. The deadline for pre-registration is November 29, 2007. NTP will post when available a copy of the preliminary agenda, committee roster, draft NTP research concepts, and any additional information on the NTP website. The meeting will be videocast through the Internet.

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The Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin/BAuA) (FIOSH) and the German Chemical Industry Association (Verband der Chemischen Industrie/VCI) (GCIA) have issued draft document entitled Guidance for Handling and Use of Nanomaterials at the Workplace. The Guidance is intended to provide an overview of occupational health and safety measures in the production and use of nanomaterials. The basis for the Guidance is a survey FIOSH and GCIA conducted in 2006 regarding occupational health and safety measures for handling and using nanomaterials. The Guidance provides recommendations for workers’ protection measures in the handling and use of nanomaterials, based on hazard assessments. The Guidance discusses the state of methods available for measuring nanoparticles and provides a flowchart that recommends specific hazard assessment activities based on the responses to flowchart questions. The Guidance will be developed further by mid-2008 to meet the advancing state of knowledge of nanoparticles.

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Last week, the U.S. Environmental Protection Agency (EPA) placed in the docket a report summarizing remarks and public comments made during the August 2, 2007, meeting on the Nanoscale Materials Stewardship Program (NMSP). The purpose of the meeting was to discuss and receive comments on the development of the voluntary NMSP. The intent of the report is to provide an overview of the discussion that occurred. It does not analyze or evaluate any portion of the discussions. EPA structured the meeting agenda to allow formal comments from eight, pre-registered stakeholders, and allocated time in the afternoon to allow additional stakeholders who requested time to speak to make public comments.  The meeting concluded with a question and answer session focusing on key issues that were specifically identified by EPA.  The meeting brought together 124 participants, including stakeholders in academia, non-governmental organizations (NGO), government, industry, professional organizations, the press, international entities, and the general public.  Meeting minutes were not prepared and a transcript was not recorded.

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According to the fourth quarterly report for the UK’s Voluntary Reporting Scheme (VRS) for Manufactured Nanomaterials, the Department for Environment, Food, and Rural Affairs (DEFRA) received no new submissions during the most recent quarter. Since the VRS began in September 2006, DEFRA has received a total of nine submissions, seven from industry and two from academia. In late July 2007, the Advisory Committee on Hazardous Substances (ACHS) reported the findings of its review of the VRS. ACHS concluded that improvements to the VRS guidance documents were needed to increase participation levels and enhance the quality and relevance of data submitted. ACHS recommended changes to the scheme literature to make its purpose clearer and make the specific data requested from industry more explicit. The report states that DEFRA will publish revised guidance shortly. The VRS is scheduled to end in September 2008, at which time DEFRA will evaluate its success and consider alternatives, including compulsory data submissions, if necessary.

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The Project on Emerging Nanotechnologies (PEN) at the Woodrow Wilson International Center for Scholars hosted on October 9, 2007, a seminar on the Responsible NanoCode, a voluntary, principles-based Code of Conduct for entities involved in the research, development, manufacture, and retail sale of products using nanotechnologies. The draft Code was developed by a working group organized in late 2006 by The Royal Society, the United Kingdom’s (UK) national academy of science, in conjunction with Insight Investment, the Nanotechnology Industries Association (NIA), and the UK government-sponsored Nanotechnology Knowledge Transfer Network.

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On October 23-24, 2007, the Project on Emerging Technologies (PEN), in collaboration with Consumers Union -- publisher of Consumer Reports magazine and Consumer Reports Online -- will host an online conversation about nanotechnology and consumer products. The event, ConsumersTalkNano, is intended to provide an easily accessible venue for the public to discuss information and share thoughts about the usage and potential benefits and risks of consumer products made with nanomaterials. The dialogue will explore key issues surrounding the ways that the American public, researchers, policymakers, scientific experts, and the media learn about and respond to nanotechnology consumer products. Participants in the dialogue will be able to ask questions of expert panelists, examine the use of nanotechnology in consumer products, discuss who is responsible for oversight, and communicate on needed future actions. PEN plans to use the information gained from the event to inform policymakers about how consumers perceive the use of nanotechnology in products that they can buy in the stores or over the Internet and what consumers think about related risks, benefits, and uncertainties. The ConsumersTalkNano website will host videos, podcasts, and links to information about nanotechnology. Individuals interested in participating in the dialogue should register to receive updates and further details about the dialogue.

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On October 3, 2007, the California Department for Toxic Substances Control (DTSC) held a symposium on the potential hazards of nanoparticles in the environment. According to DTSC, exploring environmentally safe processes in nanotechnology manufacturing is a component of the California Green Chemistry Initiative.  Under the Initiative, a multi-agency state team is exploring a different approach to environmental protection -- transitioning away from managing toxic chemicals at the end of the life-cycle, to reducing or eliminating their use altogether.  DTSC states that this new approach is similar to measures adopted by the European Union (EU) and the Canadian government to encourage greater manufacturer responsibility. Continue Reading...

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The Project on Emerging Nanotechnologies (PEN) has released the findings of a national survey that indicates Americans’ awareness of nanotechnology remains low.  The fact that only 6 percent of Americans say they have “heard a lot” about nanotechnology is surprising, given that approximately $50 billion worth of nano-goods were on the market in 2006 -- a number that is growing quickly. Specific survey questions examined opinions on the safety of our food system, as well as the use of nanotechnology in food packaging and products. Continue Reading...

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