Regulatory challenges of nanomaterials in food and feed

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Abstract Nanomaterials, including engineered particles with dimensions in the nanoscale range (≤100 nm), are increasingly used in the food and feed sectors, particularly in applications such as nanoencapsulation of bioactive compounds, targeted nutrient delivery, texture improvement, and shelf-life extension. This study analyses the European Union's legal framework, including the 2011 and 2022 European Commission recommendations, Regulation (EC) No 178/2002, Regulation (EU) 2015/2283, and European Food Safety Authority (EFSA) guidance documents, and highlights definitional ambiguities and regulatory inconsistencies that hinder effective risk assessment and management. Ongoing debates concerning the 50% particle size threshold used to define a nanomaterial illustrate these challenges. Using a qualitative and comparative legal approach grounded in the precautionary principle and scientific uncertainty, the study identifies major gaps in current risk assessment, including issues related to particle accumulation, long-term exposure, and the lack of validated methods for characterisation and detection. Based on these findings, key regulatory improvements are proposed: clearer and harmonised definitions, updated classification thresholds, stronger requirements for data on physicochemical properties, and enhanced transparency in risk communication. These recommendations aim to inform the ongoing revision of EFSA guidance (2024–2029) and support the development of a coherent and effective regulatory framework for nanomaterials in food and feed.

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EFSA JournalVolume 7, Issue 6 1138 OpinionOpen Access Application (EFSA-GMO-RX-1507) for renewal of authorisation for the continued marketing of existing products produced from maize 1507 for feed use, under Regulation (EC) No 1829/2003 from Pioneer Hi-Bred International, Inc./Mycogen Seeds European Food Safety Authority (EFSA), European Food Safety Authority (EFSA)Search for more papers by this author European Food Safety Authority (EFSA), European Food Safety Authority (EFSA)Search for more papers by this author First published: 11 June 2009 https://doi.org/10.2903/j.efsa.2009.1138Citations: 7 Panel members: Hans Christer Andersson, Salvatore Arpaia, Detlef Bartsch, Josep Casacuberta, Howard Davies, Patrick Du Jardin, Niels Bohse Hendriksen, Lieve Herman, Sirpa Kärenlampi, Jozsef Kiss, Gijs Kleter, Ilona Kryspin-Sørensen, Harry A. Kuiper, Ingolf Nes, Nickolas Panopoulos, Joe Perry, Annette Pöting, Joachim Schiemann, Willem Seinen, Jeremy B. Sweet and Jean-Michel Wal Acknowledgement: The European Food Safety Authority wishes to thank the members of the Working Groups on Molecular Characterisation, Food-Feed and Environment, as well as the following members of its staff: Antonio Fernandez Dumont, Zoltan Diveki and Karine Lheureux for the preparation of this opinion. Adoption date: 28 May 2009 Published date: 11 June 2009 Question number: EFSA-Q-2007-144 AboutPDF ToolsExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat References EFSA (2004a) Opinion of the Scientific Panel on Genetically Modified Organisms on a request from the Commission related to the notification (Reference C/NL/00/10) for the placing on the market of insect-tolerant genetically modified maize 1507, for import and processing. The EFSA Journal, 124, 1– 18. www.efsa.europa.eu/cs/BlobServer/Scientific_Opinion/opinion_gmo_05_en*l.pdf. EFSA (2004b). Opinion of the Scientific Panel on Genetically Modified Organisms on the use of antibiotic resistance genes in genetically modified plants. The EFSA Journal 48: 1–18, www.efsa.europa.eu/cs/BlobServer/Scientific_Opinion/opinion_gmo_05_en*l.pdf. EFSA (2005a) Opinion of the Scientific Panel on Genetically Modified Organisms on an application (reference EFSA-GMO-NL-2004-02) for the placing on the market of insect-tolerant genetically modified maize 1507, for food use. The EFSA Journal, 182, 1– 22. EFSA (2005b) Opinion of the Scientific Panel on Genetically Modified Organisms on a request from the Commission related to the notification (Reference C/ES/01/01) for the placing on the market of insect-tolerant genetically modified maize 1507 for import, feed and industrial processing and cultivation. The EFSA Journal, 181, 1– 33. EFSA (2006a) Guidance document for the renewal of authorisations of existing GMO products lawfully placed on the market, notified according to Articles 8 and 20 of Regulation (EC) No 1829/2003. The EFSA Journal, 435, 1– 14. EFSA (2007). Statement of the Scientific Panel on Genetically Modified Organisms on the safe use of the nptII antibiotic resistance marker gene in genetically modified plants adopted on 22–23 March 2007, www.efsa.europa.eu/EFSA/efsa_locale-1178620753812_1178620775641.htm. Einspanier, R., Lutz, B., Rief, S., Berezina, O., Zverlov, V., Schwarz, W., Mayer, J., 2004. Tracing residual recombinant feed molecules during digestion and rumen bacterial diversity in cattle fed transgenic maize. European Food Research and Technology, 218: 269– 273. Guertler, P., Lutz, B., Kuehn, R., Meyer, H.H.D., Einspanier, R., Killermann, B., Albrecht, C., 2008. Fate of recombinant DNA and Cry*1Ab protein after ingestion and dispersal of genetically modified maize in comparison to rapeseed by fallow deer (Dama dama). European Journal of Wildlife Research, 54: 36– 43. Icoz, I., Stotzky, G. 2008. Fate and effects of insect-resistant Bt crops in soil ecosystems. Soil Biology and Biochemistry, 40: 559– 586. Keese, P., 2008. Risks from GMOs due to horizontal gene transfer. Environmental Biosafety Research, 7: 123– 149. Ladies, G.S., Bardina, L., Cressman, R.F., Mattsson, J.L., Sampson, H.A., 2006. Lack of cross-reactivity between the Bacillus thuringiensis derived protein Cry IF in maize grain and dust mite Der p7 protein with human sera positive for Der p7-IgE. Regulatory Toxicology and Pharmacology 44 (2), 136– 143. Lutz, B., Wiedermann, S., Einspanier, R., Mayer, J., Albrecht, C, 2005. Degradation of Cry*1Ab Protein from genetically modified maize in the bovine gastrointestinal tract. Journal of Agricultural and Food Chemistry, 53: 1453– 1456. Lutz, B., Wiedemann, S., and Albrecht, C, 2006. Degradation of transgenic Cry*1Ab DNA and protein in Bt-176 maize during the ensiling process. J Anim Physiol Anim Nutr, 90, 116– 123. Wiedemann, S., Lutz, B., Kurtz, H., Schwarz F.J., Albrecht, C., 2006. In situ studies on the time-dependent degradation of recombinant corn DNA and protein in the bovine rumen. Journal of Animal Science, 84: 135– 144. Citing Literature Volume7, Issue6June 20091138 ReferencesRelatedInformation

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