In a development that could have a significant impact on the global food industry, the U.K.’s House of Lords has completed an inquiry into the use of nanotechnology in foods, food packaging and food contact materials. In a January 8, 2010, press release and comprehensive report accompanied by a separate volume of evidence, the Lords’ Science and Technology Committee criticizes the food industry for “not
publishing or discussing details of its research in this area.”

The committee calls for the government “to adequately fund research into potential health and safety risks arising from the use of nanomaterials in the food sector” and recommends that the Food Standards Agency “contribute to consumer confidence in the use of nanomaterials in food by maintaining a publicly available register of food and food packaging containing nanomaterials.”

Noting the unavailability to border and port authorities of “tests to check whether imported food contains nanomaterials,” the committee “raises concerns about the potential for the illegal importation of food products containing nanomaterials not approved for use in food in the EU.” Accordingly, the committee’s report suggests that these concerns be addressed “by providing consumers with information about products containing nanomaterials, and by the Government ensuring that practical tests are developed for enforcement authorities to use on imported food.”

The committee contends that public distrust over genetically modified (GM) foods was fueled by a lack of transparency. Lord Krebs, who chairs the committee, was quoted as saying, “The food industry must also be more open with the public about research it has undertaken in this area and where it sees nanomaterials being used in food production in the future. The lesson from the public reaction to GM foods is that secrecy breeds mistrust, and that openness and transparency are crucial to maintain public confidence.” A YouTube® video of Lord Krebs discussing the committee’s recommendations will apparently be made available. The committee’s focus is on food products, additives and supplements; food contact packaging; food manufacturing processes; animal feed; pesticides and fertilizers; and products that may come into contact with food, such as food containers and cooking utensils. Not considered at this time were nanomaterial waste products or potential effects on the environment. The report follows a public inquiry into nanotechnology undertaken in 2009 to consider (i) “State of the science and its current use in the food sector”; (ii) “Health and safety”; (iii) “Regulatory framework;” and (iv) “Public engagement and consumer information.”

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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