According to a January 22, 2008, Congressional Research Service (CRS) report entitled Engineered Nanoscale Materials and Derivative Products: Regulatory Challenges, questions about the need for, and ideal form of, nanotechnology regulations are “exceedingly difficult” to address, given the current state of scientific understanding. CRS considered challenges faced by scientists, entrepreneurs, and agency officials involved in the National Nanotechnology Program as they work to define the...
In today’s Federal Register, the U.S. Environmental Protection Agency (EPA) published a notice describing the design and format of EPA’s voluntary Nanoscale Materials Stewardship Program (NMSP) for nanoscale materials under the Toxic Substances Control Act (TSCA). EPA intends the NMSP “to complement and support its new and existing chemical efforts on nanoscale materials” under TSCA. Participants may participate in a basic program by submitting existing...
January 22, 2008
Danish Report Finds Nanotechnology Covered by Existing Legislation
According to a report recently released by the Danish Ministry of Health and Prevention, nanotechnology research, development, and applications are covered by existing legislation. The report, which includes an English summary, reviews existing national and international legislation in the areas of foods, medicines, the environment, chemicals, and the working environment in relation to current knowledge of nanotechnological products and processes. The report also includes a...
January 18, 2008
DEFRA Posts Fifth Quarterly Report on the Voluntary Reporting Scheme
According to the December 22, 2007, fifth quarterly report for the Department for Environment, Food, and Rural Affairs’ (DEFRA) Voluntary Reporting Scheme (VRS) for engineered nanoscale materials, DEFRA received no new submissions since publication of the previous quarterly report in September 2007. DEFRA is in the process of updating the VRS documentation to clarify the purpose and aims of the VRS and provide supplementary guidance for anyone submitting data. DEFRA intends...
Bergeson & Campbell, P.C. is pleased to announce that Lynn L. Bergeson published an article appearing in the Winter 2007 issue of Nanotechnology Law & Business. The article discusses the U.S. Environmental Protection Agency’s voluntary Nanoscale Materials Stewardship Program (NMSP) and related issues.
January 15, 2008
Wisconsin Representative Requests Assistance in Creating Registry
In a December 3, 2007, letter, to the Secretaries of Wisconsin’s Department of Natural Resources (DNR), Department of Health and Family Services (DHFS), and Department of Agriculture, Trade, and Consumer Protection (DATCP), Wisconsin State Representative Terese Berceau (D) asks for their assistance in creating a policy “to address potential environmental problems associated with the emerging field of nanotechnology.” Berceau refers to the ordinance adopted by Berkeley,...
January 11, 2008
TSCA and Engineered Nanoscale Substances
Bergeson & Campbell, P.C. is pleased to announce that Lynn L. Bergeson and Ira Dassa published an article appearing in the Fall 2007 issue of Sustainable Development Law and Policy. The article discusses several issues in connection with the application of the Toxic Substances Control Act (TSCA) to engineered nanoscale materials.
January 8, 2008
Lloyd’s Releases Report Examining Risks And Opportunities
On 3 January 2008, Lloyd’s released a report entitled Nanotechnology: Recent Developments, Risks and Opportunities, which examines the potential risks and opportunities in the emerging field of nanotechnology. Lloyd’s states that nanotechnology “promises to improve many industries including medicine, food technology, textiles, materials, cosmetics, defence and more, but the risks are still not fully understood.” The potential risks and opportunities, according to...
On January 2, 2008, the National Nanotechnology Initiative (NNI) released its Strategic Plan, which describes NNI’s investment strategy and the program component areas called for by the 21st Century Nanotechnology Research and Development Act of 2003. Under the Act, NNI must update its Strategic Plan every three years, and this plan updates and replaces the December 2004 plan. The Strategic Plan outlines the goals and priorities of NNI and describes approaches for achieving them. NNI...
January 3, 2008
NIOSH Summarizes Recent International Activities
On December 19, 2007, the National Institute for Occupational Safety and Health (NIOSH) published an update entitled “NIOSH Informs, Leads Nanotechnology Actions by International Partner Organizations.” In the Update, NIOSH summarizes its recent contributions to international research: On November 29, 2007, the Organization for Economic Cooperation and Development’s (OECD) Working Party on Manufactured Nanomaterials agreed to establish a NIOSH-led project to: (1)...
The U.S. Environmental Protection Agency’s (EPA) December 10, 2007, Unified Agenda includes a notice regarding the Nanoscale Materials Stewardship Program (NMSP), which is a voluntary program that EPA established to assemble existing data and information from manufacturers and processors of certain nanoscale materials. The notice states that, under the Toxic Substances Control Act (TSCA), EPA has the authority to require the development of data necessary for risk assessment when...
December 26, 2007
DEFRA Publishes Research Report On Manufactured Nanomaterials
On December 19, 2007, the Department for Environment, Food and Rural Affairs (DEFRA) published a report entitled Characterising the Potential Risks Posed by Engineered Nanoparticles: A Second UK Government Research Report, which follows up on DEFRA’s 2005 report and 2006 progress report. The report reviews the status of research pertaining to the environmental, health, and safety (EHS) issues relating to engineered nanoparticles, and places the United Kingdom’s (UK) research...
December 20, 2007
PEN Hosts a Seminar on Nanotechnology and the Media
On December 18, 2007, the Project on Emerging Nanotechnologies (PEN) at the Woodrow Wilson International Center for Scholars hosted a seminar, Nanotechnology & the Media: The Inside Story, to mark the release of a new PEN study on mass media coverage of nanotechnology risks. Conducted by Professor Sharon M. Friedman and Brenda P. Egolf of Lehigh University, the study identified a sizable increase in 2006 over previous years in the number of stories appearing in American and British...
December 18, 2007
FDLI and PEN Will Cosponsor First Annual Conference on Nanotechnology Law, Regulation, and Policy
The Food and Drug Law Institute (FDLI) and the Woodrow Wilson International Center for Scholars Project on Emerging Nanotechnologies (PEN) will hold a conference on February 28-29, 2008, on “Nanotechnology Law, Regulation and Policy.” Questions addressed during the conference will include: How is the Food and Drug Administration (FDA) going to implement its Nanotechnology Task Force Report? How is the Occupational Safety and Health Administration (OSHA) going to deal with nanotech...
December 17, 2007
Draft CIB on Medical Screening of Workers Potentially Exposed to Nanoparticles Available for Comment
On December 12, 2007, the National Institute for Occupational Safety and Health (NIOSH) announced the availability of the draft Current Intelligence Bulletin (CIB) entitled “Interim Guidance on Medical Screening of Workers Potentially Exposed to Engineered Nanoparticles.” NIOSH will hold a public meeting on the draft CIB on January 30, 2008. The meeting will include scientists and representatives from various government agencies, industry, labor, and other...
December 7, 2007
OECD Announces Launch of Nanomaterials Testing Program/
On December 4, 2007, the Organization for Economic Cooperation and Development (OECD) posted a notice entitled “Testing a Representative Set of Nanomaterials — The Launch of a Sponsorship Programme.” OECD states that its Working Party on Manufactured Nanomaterials has launched a sponsorship program in which countries will share the testing of specific nanomaterials. According to OECD, valuable information on the safety of manufactured nanomaterials can be derived by...
In a recent speech at the 9th Annual Food Regulation and Labeling Standards Conference, Steve McCutcheon, CEO of Food Standards Australia New Zealand (FSANZ), said that FSANZ has begun analyzing the potential implications of nanotechnology on the food supply chain. FSANZ hopes that, by the time it receives its first application to approve the use of the technology in food, it will already have sufficient scientific and medical information to make an informed decision.
December 4, 2007
Environmental Defense Suggests Potential Model for Restructuring NNI
On November 19, 2007, Environmental Defense (ED) issued a press release that states that the National Nanotechnology Initiative (NNI) is not effectively addressing the potential risks of nanotechnology, and that a potential model for resolving the conflict between NNI’s dual charges to both promote and oversee the technology could be drawn from the Atomic Energy Commission (AEC). Like the NNI, the AEC, first established in 1946, was tasked with both encouraging the development...
November 30, 2007
Congressional Nanotechnology Caucus Holds Briefing
On November 19, 2007, the Congressional Nanotechnology Caucus held a briefing on “Nanotechnology and Environment, Health & Safety Issues.” The panel of speakers included Vicki Colvin, Ph.D., Professor of Chemistry and Chemical Engineering, Center for Biological and Environmental Nanotechnology, Rice University; Andrew Maynard, Ph.D., Chief Science Advisor, Project on Emerging Nanotechnologies, Woodrow Wilson International Center for Scholars; and Pat Casano, Counsel for...
November 26, 2007
EFSA Begins Review of Nanotechnology
The European Food Safety Authority (EFSA) met the week of November 19, 2007, to begin reviewing the regulation and risk assessment of nanotechnology. The European Commission (EC) issued a mandate for a complete evaluation by March 31, 2008, but EFSA responded that, because of the range of differing properties and safety profiles, it will not be able to complete its review by this deadline. EFSA instead proposed to issue an initial scientific opinion by Summer 2008. EFSA...
November 16, 2007
Bush Administration Releases Principles for Nanotechnology Environmental, Health, and Safety Oversight
On November 8, 2007, the Office of Science and Technology Policy (OSTP) and the Council on Environmental Quality (CEQ) issued a memorandum regarding “Principles for Nanotechnology Environmental, Health, and Safety Oversight.” According to the memorandum, OSTP and CEQ “led a multi-agency consensus-based process” to develop principles intended to guide the development and implementation of policies for nanotechnology environmental, health, and safety oversight at the agency...
November 13, 2007
First Annual Nanotechnology Safety for Success Dialogue Held in October
On October 25-26, 2007, the European Commission (EC) held the First Annual Nanotechnology Safety for Success Dialogue. Presentations included: Food applications of nanoscience and nanotechnologies — Ms. Sue O’Hagan, Confederation of the Food and Drink Industries of the European Union (CIAA); Consumer products applications of nanoscience and nanotechnologies — Dr. Michael Holman, Lux Research; Health applications of nanoscience and nanotechnologies — Dr. Carole...
The Swedish Chemicals Agency (KemI) recently released a report entitled Nanotechnology — Large Risks with Tiny Particles? Although the report is in Swedish, it includes a summary in English. According to the report, the rapid development of new fields of application and a lack of knowledge call for caution. The report states that companies are responsible for ensuring that human health and the environment are not damaged and that legislation needs to be extended to cover...
As part of the U.S. Environmental Protection Agency’s (EPA) Office of Pesticide Programs’ (OPP) ongoing Nanotechnology Task Force Work, we understand that OPP is seriously considering revising the pesticide registration application form to require particle size information for both active ingredients and any inerts.
November 8, 2007
EHP Publishes Research Article and Meeting Report on Nanomaterials
The November 1, 2007, issue of Environmental Health Perspectives (EHP) includes a research article and meeting report concerning nanomaterials. The research article, entitled “Nanosize Titanium Dioxide Stimulates Reactive Oxygen Species in Brain Microglia and Damages Neurons in Vitro,” describes the in vitro neurotoxicity of P25, a commercially available titanium dioxide nanomaterial. According to the study, P25 appears to be non-toxic...
November 7, 2007
ELI Publishes Nanotechnology Deskbook
We are pleased to announce that the Environmental Law Institute (ELI) has published the Nanotechnology Deskbook, which Lynn L. Bergeson co-authored. ELI provides the following description of the Deskbook: Nanotechnology promises to have far reaching impacts on the economy, including offering technological advances in pollution control. While over 200 products that use nanomaterials are already in the marketplace, minimal data exist on the health and environmental effects of...
November 6, 2007
House Subcommittee Holds Hearing on Relationship Between Environmental and Health Policy and Nanotechnology
On October 31, 2007, the House Committee on Science and Technology’s Research and Science Education Subcommittee held a hearing on the relationship between environmental and health policy and nanotechnology. The Subcommittee examined how the U.S. can stay at the forefront of scientific research and development, while at the same time establishing priorities and a detailed plan for research on the potential environmental and health risks of engineered nanomaterials. The...
October 29, 2007
Nanomaterials Included on ATSDR List of Proposed Substances for Toxicological Profile Development
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...
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...
October 18, 2007
Draft Guidance Addresses Nanomaterials in the Workplace
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...
October 17, 2007
EPA Provides Summary of August 2007 NMSP Meeting
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...
October 15, 2007
DEFRA Will Publish Revised VRS Guidance
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...
October 12, 2007
PEN Hosts a Seminar on Responsible NanoCode
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...
October 10, 2007
Internet Dialogue on Nanotechnology Focuses on Consumers
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...
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...
October 4, 2007
Poll Gauges Public Knowledge of Nanotechnology
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...
September 28, 2007
NNI Releases Brochure Entitled “Big Things from a Tiny World”
The National Nanotechnology Initiative (NNI) recently released a brochure entitled “Big Things from a Tiny World.” The brochure is intended for general readers rather than scientists, and describes what nanotechnology is, what nanotechnology-related products are available now, and the potential contributions of nanotechnology to address issues such as clean, renewable energy, clean water, and medical devices and drugs. The brochure also describes potential technological...
September 19, 2007
ACGIH Will Present Webinar on Nanotechnology Health and Safety
The American Conference of Governmental Industrial Hygienists (ACGIH) will hold a webinar entitled “Nanotechnology Health and Safety: Case Studies in the Occupational Setting” on December 4, 2007. The webinar will discuss the uncertainties associated with the hazards and potential risks of working with engineered nanoparticles; describe ways to help manage exposure to engineered nanoparticles; and illustrate how occupational health and safety controls, both engineering and...
September 17, 2007
Canada Publishes Proposed Regulatory Framework for Nanomaterials Under CEPA
Environment Canada (EC) and Health Canada (HC) have released a document entitled Proposed Regulatory Framework for Nanomaterials Under the Canadian Environmental Protection Act, 1999 (Proposed Framework). EC/HC will hold a public workshop for stakeholders regarding the Proposed Framework on September 27, 2007, in Toronto. At the workshop, EC/HC will gather comments from participating stakeholders through discussion groups and plenary sessions. EC/HC will invite all...
September 12, 2007
Greenpeace Releases Activists’ Guide to REACH, Which Addresses Nanomaterials
On August 30, 2007, Greenpeace International (Greenpeace) issued a report entitled Navigating REACH: An Activists’ Guide To Using and Improving the New EU Chemicals Legislation (Guide), which is intended to explain how the European Union’s (EU) Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH) regulation will work, what main issues are at stake, and how the law will be implemented. The Guide highlights provisions that non-governmental...
September 10, 2007
Environmental Health Perspectives Publishes Study Regarding Pharmacokinetics of Quantum Dots
The September 1, 2007, issue of Environmental Health Perspectives includes an article entitled “Persistent Tissue Kinetics and Redistribution of Nanoparticles, Quantum Dot 705, in Mice: ICP-MS Quantitative Assessment.” The purpose of the study was to assess the tissue disposition and pharmacokinetics of quantum dots (QD705) in mice. According to the article, the plasma half-life of QD705 in mice was short (18.5 hours), but analyses revealed QD705 persisted and even...
On August 27, 2007, the Antitrust Division of the Department of Justice (DOJ) published a notice in the Federal Register announcing that, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. Sections 4301 et seq., the Nanoparticle Flow Processing Consortium has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission (FTC) disclosing (1) the identities of the parties to the venture and (2)...
August 30, 2007
Reader-Friendly Version of 2006 EC Report Available
The European Commission (EC) Directorate General for Health and Consumer Protection retained GreenFacts to summarize the EC’s 2006 report entitled Modified Opinion (After Public Consultation) on the Appropriateness of Existing Methodologies to Assess the Potential Risks Associated with Engineered and Adventitious Products of Nanotechnologies. According to GreenFacts, the EC’s Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) wrote its Opinion for a...
August 24, 2007
FDA Releases Proposed Rule Regarding Sunscreens
Yesterday the Food and Drug Administration (FDA) released a proposed rule that would amend the final monograph for over-the-counter (OTC) sunscreen drug products as part of FDA’s ongoing review of OTC drug products. The proposed rule addresses formulation, labeling, and testing requirements for both ultraviolet B (UVB) and ultraviolet A (UVA) radiation protection, would introduce four-star rating system for the level of UVA protection, and would require a warning...
The California Department of Toxic Substances Control (CDTSC) will hold a symposium entitled “Nanotechnology Symposium II: Potential Hazards of Nanomaterials in the Environment” on October 3, 2007. The draft agenda includes the following topics: Chemical Properties and Commercial/Industrial Applications of Nanotechnology; Physico-Chemical Characterization of Nanoparticles and Its Relation to Their Bio-Interactions; Potential Ecotoxicity of Nanoparticles...
August 22, 2007
President’s Council on Bioethics Will Discuss Ethical Issues Associated with Nanotechnology
On August 14, 2007, the Department of Health and Human Services (DHHS) published a Federal Register notice announcing the 30th meeting of the President’s Council on Bioethics. The agenda items listed in the notice include “continue the exploratory phase of a potential inquiry into ethical issues associated with nanotechnology with expert presentations and Council discussions.” The meeting will be September 6-7, 2007.
August 21, 2007
EHS Research Priorities Released for Comment
On August 16, 2007, the National Nanotechnology Coordination Office (NNCO), on behalf of the Nanoscale Science, Engineering, and Technology (NSET) Subcommittee of the Committee on Technology, National Science and Technology Council (NSTC), published a notice in the Federal Register announcing the availability of a document entitled The Prioritization of Environmental, Health, and Safety Research Needs for Engineered Nanoscale Materials: An Interim Document for...
August 20, 2007
EHP-in-Press Reports Study on Neurotoxicity of P25 Nanomaterial
On August 3, 2007, EHP-in-Press posted an article entitled “Nanosize Titanium Dioxide Stimulates Reactive Oxygen Species in Brain Microglia and Damages Neurons, In Vitro.” The article describes the in vitro neurotoxicity of P25, a commercially available titanium dioxide nanomaterial. According to the study, P25 appears to be non-toxic to isolated N27 neurons, but stimulates BV2 microglia to produce reactive oxygen species and damages oxidative...
August 17, 2007
NIOSH Posts MSDSs for Nanomaterials in NIL
The National Institute for Occupational Safety and Health (NIOSH) has posted several material safety data sheets (MSDS) for nanomaterials in its Nanoparticle Information Library (NIL). The goal of the NIL is to help occupational health professionals, industrial users, worker groups, and researchers organize and share information on nanomaterials, including their health and safety-associated properties. To view the MSDSs, enter msds in the search field.
August 16, 2007
EC Committee Recommends Revisions to Technical Guidance Documents to Address Risk Assessment of Nanomaterials
On August 8, 2007, the European Commission (EC) released the scientific opinion of the Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) on the appropriateness of the risk assessment methodology in accordance with the European Union’s (EU) technical guidance documents for new and existing substances for assessing the risks of nanomaterials. SCENIHR concluded that modifications to the existing technical guidance documents are necessary because special...