Ruxandra Cana, partner at law firm, Field Fisher Waterhouse, said the Commission is now likely to go back and review previous food legislation. This will include any regulations with a definition for nano-materials which contradicts the new one. This is includes legislation covering novel foods and food labelling.
Cana told FoodManufacture.co.uk: “The commission is expected to make a new proposal for novel foods to address nano-materials so the debate may be reopened to change the definition.
Regulation
“It hase not indicated whether it would offer an amendment to the food information regulation but this is something we should be looking at.”
Last week, the Commission defined a nano-material as: “A natural, incidental or manufactured material containing particles, in an unbound state or as an aggregate or as an agglomerate and where, for 50% or more of the particles in the number size distribution, one or more external dimensions is in the size range 1nm-100nm”.
The commission plans to have the definition applied in all EU laws related to nano-materials, including food and food contact materials.
Previously, a definition for nano-materials was one of the major stumbling blocks in agreeing a new set of novel food regulations. Cana said: “It is interesting to see now that the commission is thinking of making a new proposal. It is using it [the definition] as a catalyst to open a new discussion.”
Currently, only engineered particles are defined as a nano-material under the food labelling regulations, she added.
Any new debate on either of these would take nearly as long as the initial debates, Cana warned. “It’s not a matter of months [before a decision is reached], it would certainly be at least one or two years.”
Guidance
Barbara Gallani, director of food safety and science at the Food and Drink Federation, said: “This is a starting point in a very complex area that spans across many industry sectors. We believe that any definition should take into consideration the properties of the materials in addition to their size. We are currently assessing the implications for food applications and expect that additional sector specific guidance will also be required.”
A firm definition of nano-material may also help to address one of the consumer concerns over nanotechnology, reported on FoodManufacture.co.uk last April.
European environment commissioner Janez Potočnik said: "Industry needs a clear coherent regulatory framework in this important economic sector, and consumers deserve accurate information about these substances.
“It is an important step towards addressing any possible risks for the environment and human health, while ensuring that this new technology can live up to its potential.”