Council of the European Union approves draft Novel Foods Regulation
The Council of the European Union has approved a political agreement on a draft regulation concerning novel foods.
On the topic of the ‘definition of novel food and the scope of the regulation’, the Council agreed on the following:
‘[...] Furthermore, food containing or consisting of engineered nanomaterials is explicitly included in the scope of the regulation. The general definition of novel food remains unchanged, i.e. food not used for human consumption to a significant degree within the Community before 15 May 1997 (when the current regulation entered into force).’
According to the press release, the agreement was reached at a Coreper meeting on 16 June 2009 and confirmed, without discussion, at the Agriculture and Fisheries Council meeting in Luxembourg. The United Kingdom and Greece abstained, the Commission voted against.
The agreed draft regulation concerning novel foods (10754/09 + ADD 1) gives the following definition for ‘engineered nanomaterials’:
‘"engineered nanomaterial" means any intentionally produced material that has one or more dimensions of the order of 100 nm or less or is composed of discrete functional parts, either internally or at the surface, many of which have one or more dimensions of the order of 100 nm or less, including structures, agglomerates or aggregates, which may have a size above the order of 100 nm but retain properties that are characteristic to the nanoscale.
Properties that are characteristic to the nanoscale include:
(i) those related to the large specific surface area of the materials considered; and/or
(ii) specific physico-chemical properties that are different from those of the nonnanoform of the same material;’
The draft regulation furthermore specifies:
‘The use of engineered nanomaterials in food production may increase with the further development of technology. In order to ensure a high level of protection of human health, free movement of goods and legal certainty for manufacturers, it is necessary to develop a uniform definition for engineered nanomaterial at international level. The Community should endeavour to reach an agreement on a definition in appropriate international fora. Should such an agreement be reached, the definition of engineered nanomaterial in this Regulation should be adapted accordingly.’
Follow these links to find out more about the review of the Novel Foods Regulation, to read the full press release on the Council meeting, or to download the agreed draft regulation concerning novel foods (10754/09 + ADD 1).
Just one day after agreeing on legislative measures for nanomaterials in cosmetics, the European Parliament has voted in favour of a report dealing with an update of the EU rules on novel foods, which also proposes special treatment of nanoparticles and nanomaterials. With 658 votes in favour, 15 against and 11 abstentions , the MEPs adopted a number of amendments to the Novel Foods Regulation on the topic of ‘nano’, including the following. (26th March 2009)
'Nanotechnology has "real potential" to help feed a fast-growing world,’ according to UK environment secretary Hilary Benn in an interview with the UK newspaper, The Observer. ‘[It’s a] scientific revolution that could give packaged foods a dramatically longer shelf life and boost crop growth,’ opens the article entitled ‘New science could defeat food crises’ . (9th February 2009)