Nanomaterials and European Novel Food law: The uncertain path to reasonable regulation

Abstract

The objective of the present article is to examine whether current regulations at the European level are capable of adequately controlling the risks associated with engineered nanomaterials of anthropogenic origin (ENM) in food products. In this context it is crucial to examine closely the Novel Food Regulation (EC) 258/977 and its attempted revision, which recently failed. The article also includes a consideration of the legislative procedure and a discussion of the legislative bodies’ different positions. In contrast, the regulatory controls of food contact materials such as food packaging or food additives would go beyond the scope of this article. Prior to the legal analysis some remarks are made about the state of the art regarding risk assessment and the application of ENM in the food sector.