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14 - An Overview of the Law of Nanotechnology

Published online by Cambridge University Press:  05 December 2011

David A. Dana
Affiliation:
Northwestern University, Illinois
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Summary

Introduction

With the growing prevalence of nano-enabled materials reaching the marketplace in new products, the perceived need for regulation of such materials has correspondingly increased. There is significant debate, however, regarding the extent to which the government should regulate nanotechnology or nanotechnology-based products, and this uncertainty is reflected in the lack of comprehensive oversight of both the development and the sale of nano-enabled products and technologies. In the United States, regulatory agencies at both the state and national level have struggled to keep pace with the exploding market for nano-enabled products, from electronics to cosmetics, food, and other industrial uses. The European Union, on the other hand, has attempted to lead the way with a precautionary approach to nanotechnology in the marketplace. This chapter provides a general overview of current and proposed nanotechnology regulations, in both the United States and the European Union.

Environmental Protection Agency

Although there is no uniform and comprehensive regulation of nanomaterials in the United States, the U.S. Environmental Protection Agency (EPA) regulates nanomaterials in several ways: through the reporting requirements of the Nanoscale Materials Stewardship Program; through the Green Chemistry Initiative; through the complex regulatory scheme established by the Toxic Substances Control Act; and through potential new interpretations of the Federal Insecticide, Fungicide, and Rodenticide Act.

Type
Chapter
Information
The Nanotechnology Challenge
Creating Legal Institutions for Uncertain Risks
, pp. 357 - 378
Publisher: Cambridge University Press
Print publication year: 2011

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References

Monica, John C.Monica, John C.Examples of Recent EPA Regulation of Nanoscale Materials Under the Toxic Substances Control Act 6 Nanotechnology Law & Business388 2009
Walsh, BryanRegulation of Toxic Chemicals Faces TighteningTime 2010Google Scholar
Certain Chemical SubstancesWithdrawal of Significant New Use Rules 74 Fed. Reg42177 2009Google Scholar
Rizzuto, PatEPA Issues Significant New Use Rules Covering Multi-, Single-Walled NanotubesCRR903 2010Google Scholar
Rizzuto, PatCarbon Materials Manufacturers Hope to Work Out Testing Agreement with EPACRR925 2010Google Scholar
Rizzuto, PatEPA Issues Significant New Use Rules Covering Multi-, Single-Walled NanotubesCRR903 2010Google Scholar
Valverde, Janice 2009
Jordan, WilliamSenior Policy Adviser, Office of Pesticide ProgramsNanotechnology and Pesticides 29 2010Google Scholar
Adams, Linda S. 2010
Louis, Catherine SaintUVA Reform: It's Not PDQN.Y. Times 2010Google Scholar
European Commission Joint Research Centre 2010
2006

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