Out-Law News 2 min. read

Nanotech needs nanolaw, says report


The UK's Royal Society and the Royal Academy of Engineering yesterday published an independent study into the implications, applications and potential regulation of nanotechnology, recommending that more research and tighter regulation are required.

Nanotechnology is the growing industry built around the ability to control materials on the nano scale. One nanometer is one billionth of a metre, around 80,000 times smaller than the width of a human hair.

Many expect it to bring great advances in medicine, electronics and the IT sectors. But like many new technologies, nanotech is threatened by hype. In June last year the UK Government therefore launched a study into the benefits and risks of nanotechnology – the results of which have now been published.

The Report

The report finds that there are indeed a range of potential benefits to be gained from nanoscience and nanotechnologies and recommends steps to realise these while minimising possible future uncertainties and risks.

Speaking to a news conference, Professor Ann Dowling of Cambridge University and chair of the working group behind the report, said, according to Reuters:

"Most nanotechnologies pose no new risks to health safety or the environment, but we believe research and regulation is required immediately to address uncertainties about the effects of manufactured nanoparticles and nanotubes".

Nanoparticles are already present in large numbers in the air from natural sources and due to combustion and vehicle exhaust emissions. But little is known about the long-term risks and benefits offered by manufactured nanoparticles and nanotubes, although they are already being used in such diverse objects as self-cleaning windows and cosmetics.

The report therefore recommends that the UK Government should fund a programme of research to understand the effects of such particles on humans and the environment.

Nanolaw

Because of their novel chemical properties, the report recommends that nanoparticles and nanotubes should be treated as new chemicals under UK and European legislation, in order to trigger appropriate safety tests and clear labelling.

Furthermore, they should be approved – separately from chemicals in a larger form – by an independent scientific safety committee before they are permitted for use in consumer products such as cosmetics.

Where such nanoparticles are included in consumer products they should be identified clearly on the ingredients list for that product.

According to Professor Dowling, "There is a gap in the current regulation of nanoparticles. They have different properties from the same chemical in larger form, but currently their production does not trigger additional testing. It is important that the regulations are tightened up so that nanoparticles are assessed, both in terms of testing and labelling, as new chemicals."

The report does not find any justification for imposing a ban on the production of nanoparticles. However, as a precautionary measure it recommends that releases to the environment be minimised until the effects are better understood, and lower exposure levels be set for the workplace.

Finally the report recommends that the UK Government should initiate a properly funded public dialogue around the development of nanotechnologies at a stage when such discussions can inform key decisions about their development and before deeply entrenched or polarised positions appear.

Lord Sainsbury, the Minister for Science and Innovation, welcomed the report and confirmed that the Government will respond formally to the recommendations by the end of the year.

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