White House Urges Science-Based Approach for Nanotechnology Rules to Protect Public

A new memo, issued June 9 from the United States White House, says federal agencies should use a science-based approach to regulating nanotechnology, and one that protects human health, safety and the environment, while taking care to not create unnecessary commercial barriers or hamper innovation.  The memo, “Policy Principles for the U.S. Decision-Making Concerning Regulation and Oversight of Applications of Nanotechnology and Nanomaterials” is intended to guide federal agencies such as the Environmental Protection Agency and the Food and Drug Administration, which regulate products made with nanotechnologies, and the Occupational Safety and Health Administration, which oversees worker safety.  While size has been the predominant focus of definitions developed for nanotechnology and nanomaterials, the memo said, for “oversight and regulation, however, the critical issue is whether and how such new or altered properties and phenomena emerging at the nanoscale create or alter the risks and benefits of a specific application. A focus on novel properties and phenomena observed in nanomaterials may ultimately be more useful than a categorical definition based on size alone.”  The memo includes 10 principles federal agencies should use as they address issues raised by nanomaterials.   John C. Monica, an attorney with Porter Wright Morris & Arthur LLP, who tracks federal policies for nanotechnologies, said the memo “confirms a best-science approach to potential nano-environmental, health, and safety issues, rather than a reactionary approach.  While this has been the stated approach of various federal agencies in the past, it is nice to see it reaffirmed across the entire federal government at the highest levels.”

(subscription required with BNA)