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

The European Parliament (EP) and European Union (EU) Council failed to reach agreement on an update to the novel foods regulation, which would have updated the 1997 regulation to address several issues, including nanoscale ingredients in food. According to a March 29, 2011, press release, the EP and Council disagreed on labeling food from cloned animals and their descendents, as well as nanotechnology. The draft legislation passed by the EP in July 2010 would have banned nanoscale ingredients from food until the risks posed are better understood, and would have required that any nanoscale ingredients eventually authorized be clearly labeled as such. The EP issued a March 29, 2011, statement, which notes that the failure to reach an agreement on the legislation means “[t]here will continue to be no special measures regarding nanomaterials in food, for example.”

• Email This
• Print
• Comments
• Trackbacks
• Share Link

On March 25, 2011, the National Research Council (NRC) announced the availability of a report entitled Prudent Practices in the Laboratory, which updates NRC’s guidelines on the safe use of hazardous chemicals. NRC last updated the guidelines in 1995, and the new edition includes new topics, including the handling of nanomaterials. The update sets out general guidelines for the management of nanomaterials. NRC developed the guidelines “from accepted chemical hygiene protocols for handling compounds of unknown toxicity.” The guidelines cover topics such as planning and assessing the hazards of nanomaterial work, information on grading the risk of working with different types of nanomaterial, and suggestions on ways to make sure the working environment is designed to protect laboratory personnel from exposure to nanoparticles.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The National Institute for Occupational Safety and Health (NIOSH) announced that the University of Cincinnati NIOSH Education and Research Center (ERC) will sponsor a May 10, 2011, conference at the Department of Environmental Health, University of Cincinnati College of Medicine, on “Nanotechnology -- Health and Safety Considerations.” Registration is free. Speakers include:

• Dr. Andrew D. Maynard, Director, Risk Science Center, University of Michigan School of Public Health: “Nanomaterials dangerous? Who are you kidding! The art and science of working safely with sophisticated materials.”
• Dr. Kristen Kulinowski, Director, International Council of Nanotechnology, Rice University: “Training Workers to Safely Handle Nanomaterials.”
• Dr. Charles Geraci, NIOSH: “Recent Activities Specific to Carbon Nanotubes and Nano TiO₂. What are they, do they have broad application, and how do they impact a risk management program?”
• Dr. Vesselin Shanov, University of Cincinnati: “Advances in synthesis and application of carbon nanotube materials.”
• Dr. Jagjit Yadav, University of Cincinnati: “Toxicology of nanomaterials.”

• Email This
• Print
• Comments
• Trackbacks
• Share Link

According to a March 10, 2011, press release, the risks connected with nanomaterials are one of the areas on which the Swedish Chemicals Agency (KemI) will focus in its national action plan, which will apply from 2011-2014. The press release states that the objective is for Sweden “to become one of the leading member states in the [European Union (EU)] in proposing new bans and restrictions.” Sweden expects the action plan to “lead to intensified cooperation and dialogue with other government agencies, industry, researchers, environmental and consumer organisations.” In December 2010, the Swedish government commissioned KemI to produce a “national action plan for a toxin-free everyday environment.” KemI intends to focus on children “as they are more vulnerable to the influence of chemicals.” KemI will examine EU legislation and work to strengthen it to limit the presence of hazardous chemicals in products. KemI states that companies that manufacture and import products “should to a larger extent substitute hazardous chemicals, and they will be supported in these efforts.” KemI intends to expand enforcement activities in the form of inspection of articles.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

In February 2011, the Dutch Environmental Safety and Risk Management Directorate sent a letter to the Directorate General (DG) Enterprise and DG Environment expressing concern regarding delays in the work of the Competent Authorities Sub-Group on Nanomaterials (CASG Nano) and the European Commission’s (EC) progress regarding clarifying the definition and status of nanomaterials. The Dutch Directorate states that an essential first step is to define what nanomaterials are and asks that the EC propose a common definition to member states as soon as possible, and in time for it to be discussed at the Competent Authorities for REACH and Classification and Labeling (CARACAL) meeting scheduled for mid-2011. According to the Directorate, the definition should be sufficiently broad to ensure all substances that present a nano-related risk are covered. The Directorate also asks that the three Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) implementation projects on nanomaterials be completed before the CARACAL meeting and that the EC provide greater clarity on the criteria necessary to assess whether nanomaterials pose specific risks. The Dutch competent authority is considering which substances to propose for substance evaluation under REACH and intends to include a nanomaterial. While the evaluation would not begin until 2012, the Dutch competent authority states that it would still be valuable to provide information on which elements of REACH remain problematic in terms of assessing hazards and risks associated with nanomaterials.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A March 11, 2011, memorandum from the White House Emerging Technologies Interagency Policy Coordination Committee (ETIPC) sets forth the Obama Administration’s principles for regulation and oversight of emerging technologies, including nanotechnology. The ETIPC Co-Chairs include John P. Holdren, Assistant to the President for Science and Technology, Director, Office of Science and Technology Policy (OSTP); Cass R. Sunstein, Administrator, Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB); and Islam A. Siddiqui, Chief Agricultural Negotiator, U.S. Trade Representative.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

On March 10, 2011, the Project on Emerging Nanotechnologies (PEN) announced the most recent update to its consumer products inventory, which now includes more than 1,300 manufacturer-identified, nanotechnology-enabled products, ranging from conventional products, such as non-stick cookware, to more unique items, like self-cleaning window treatments. When PEN launched its inventory in March 2006, it included 212 products. PEN Director David Rejeski predicted that, if the current trend continues, the number of products could reach 3,400 by 2020. Health and fitness items continue to dominate the PEN inventory, representing 56 percent of products listed. The most common nanomaterial used is nanoscale silver, which is used in 313 products (24 percent of the inventory). The inventory includes products from over 30 countries, including the U.S., China, Canada, Germany, and India.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

On March 7, 2011, the National Institute for Occupational Safety and Health (NIOSH) announced that it seeks comment on the types of hazard identification and risk management research that it should consider in updating the NIOSH 2009 nanotechnology strategic plan. According to the Federal Register notice, NIOSH would like to build on the accomplishments of ongoing research to develop strategic research goals and objectives through 2015. Comments are due April 15, 2011.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

On March 1, 2011, the American Society of Mechanical Engineers (ASME) Nanotechnology Institute posted the most recent podcast in its Nano Educational Series. The podcast concerns nano environmental health and safety, with Dr. Andrew Maynard, University of Michigan Risk Science Center. The next podcast, scheduled to be posted on March 15, 2011, will discuss modeling and simulation with Professor Wing Kam Liu, Northwestern University. According to the Institute, it intends to improve user’s technical literacy and provide information that will assist career planning and skills development. The podcasts are being offered on a complimentary basis, but users will first need to register.

• Email This
• Print
• Comments
• Trackbacks
• Share Link