The vast majority of laws implemented on food in the European Union comes directly from the EU themselves. The General Food Law Regulation is the base for Food Laws all over Europe and ensures that everywhere in the EU the same standards are followed. Specific food laws concern novel foods, food enhancers, food supplements, materials in contact with food and labelling. Mostly there are no extra laws for nanofood, since they already have to follow the strict rules set up for all foods and food related products.
This is with one exception. The law of food additives is the only piece of food law that refers specifically to “nanotechnology”. Usually a food additive is not allowed to be used, unless its safety has been tested and it has been authorised. Once that is done, they are being put on the approved list and can within certain conditions be used within the EU. Concerning nanomaterials this law says that authorisation has to be obtained for nano versions of food additives,irrespective of what’s on the approved list.
There is, however, a special legislation on novel foods, which makes it obligatory for producers to label products containing engineered nanomaterials. In the list of ingredients, those substances must be followed by the word “nano” in brackets. Very recently, in March 2014, the European Parliament objected to a change of the definition of nanomaterials. The change, which would have exempted foods containing additives which might be nanomaterials that are already on the market from being labelled, has been proposed by the European Comission.
The reason, the European Parliament presented for the decision to shut this change down, was for consumer protection. The Parliament sees the different properties nanoscale materials have in comparison to their bulk form as a source of great uncertainty about these compounds’s health and environmental impacts. Because of these uncertainties the Members of Parliament see labelling as a way of giving the consumer a choice until more research is done.
At the moment all producers have to follow special guidelines for testing engineered nanomaterials before adding them to food products. These guidelines have been published by the EU in 2011 and basically state what kind of approval those materials need to have, what criteria they have to fit and what tests have to be completed before they can be used. Still with all those laws, rules and regulations the European Government still sees this new technology critically.
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