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

On February 13, 2009, the National Nanotechnology Coordination Office (NNCO) released a statement regarding the National Research Council’s (NRC) December 10, 2008, report regarding its review of the National Nanotechnology Initiative (NNI) Strategy for Nanotechnology-Related Environmental, Health, and Safety (EHS) Research.  According to the statement, NNI member agencies noted the report’s “substantial and important recommendations for further progress on EHS research,” and “look forward to working with the NRC on achieving the vital and shared goals of clearly, proactively assessing the potential benefits and risks that may be associated with specific nanomaterials in specific applications.”  NNCO notes that it “do[es] not believe that the NRC evaluation recognized the breadth and depth of the NNI commitment to EHS research. . . .  Furthermore, the report drew a number of conclusions with which the NNI member agencies respectfully disagree.” NNCO provided detailed comments to the NRC in a January 5, 2009, letter. On February 24-25, 2009, NNCO held a workshop regarding the science related to EHS aspects of engineered nanoscale materials in the area of human and environmental exposure assessment, one of the five EHS research categories identified in the Strategy for Nanotechnology-Related Environmental, Health, and Safety Research.

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On March 19, 2009, the California Department of Toxic Substances Control (CDTSC) will hold a full-day nanotechnology symposium on nanomaterials regulation from a variety of perspectives. According to CDTSC, the symposium will focus on the regulatory aspects of nanotechnology, the role of the U.S. Environmental Protection Agency (EPA), and CDTSC’s chemical information call-in program including nanoscale materials. CDTSC states that federal interest in nanomaterial regulation and California’s efforts “provide a great opportunity for fostering technological advances that recognize environmental and public health concerns. The goal is to create a partnership where we can enhance research where needed and promote sustainable processes as well as applications.” Registration is required. The symposium will also be available via web cast.

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On February 18, 2009, the European Commission (EC) Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) published its opinion on the most recent developments in the risk assessment of nanomaterials.  In its opinion, SCENIHR indicates that methodologies to assess exposure to manufactured nanomaterials to humans and the environment and the identification of potential hazards require further development.  For lack of a general approach, SCENIHR maintains its earlier recommendation to perform risk assessment case-by-case for each nanomaterial.

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On February 13, 2009, the National Institute for Occupational Safety and Health (NIOSH) announced the availability of “Current Intelligence Bulletin 60: Interim Guidance for the Medical Screening and Hazard Surveillance for Workers Potentially Exposed to Engineered Nanoparticles.” NIOSH offers the following recommendations for workplaces where workers may be exposed to engineered nanoparticles in the course of their work:

• Take prudent measures to control exposures to engineered nanoparticles;
• Conduct hazard surveillance as the basis for implementing controls; and
• Continue use of established medical surveillance approaches.

According to NIOSH, its recommendations respond to ongoing interest by employers and other stakeholders in having authoritative occupational safety and health guidance in the manufacturing and industrial use of engineered nanomaterials. NIOSH states that its recommendations also reflect its ongoing leadership in providing such interim scientific guidance as research progresses for determining whether engineered nanomaterials pose risks for adverse occupational health effects.

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On December 15, 2008, the House of Lords Science and Technology Select Committee appointed a Subcommittee to investigate the use of nanotechnologies in the food sector.  The Committee intends to focus on the following areas:  food products, additives, and supplements; food contact packaging; food manufacturing processes; animal feed; pesticides and fertilizers; and products that may come into contact with food, such as food containers and cooking utensils.  The Committee requests evidence on questions under the following topics:

• State of the science and its current use in the food sector;
• Health and safety;
• Regulatory framework; and
• Public engagement and consumer information.

Submissions are due March 13, 2009. The Committee will hold public meetings beginning in Spring 2009, and intends to publish its report in Fall 2009.

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On February 3, 2009, Representative Mike Honda (D-CA) introduced the Nanotechnology Advancement and New Opportunities (NANO) Act (H.R. 820), which is intended to ensure the development and responsible stewardship of nanotechnology. Honda based the legislation on the recommendations of the Blue Ribbon Task Force on Nanotechnology, a panel of California nanotechnology experts with backgrounds in established industry, startup companies, consulting groups, non-profits, academia, government, medical research, and venture capital convened by Honda and then-California State Controller Steve Westly during 2005.

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On April 2, 2009, NanoCap and the European Parliament (EP) will hold a conference entitled “Working and Living with Nanotechnologies: Trade Union and NGO positions.” The conference objectives are to present positions and perspectives on nanotechnologies at the workplace and in the environment adopted by European trade unions and environmental non-governmental organizations (NGO), including:

• Setting priorities for the responsible development of nanotechnologies, especially regarding environmental and workplace safety;
• Exchanging views with nanotechnologies stakeholders and policymakers;
• Establishing pathways for implementing the precautionary approach; and
• Presenting a nanoethics portfolio.

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