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© 2017 Nanotechnology Industries Association
Impact of nano-regulation through the supply chain: from safety data sheets to
labelling and food contact case study
20-22 March 2017, Amsterdam, The Netherlands
Dr David CarlanderNIA Director Regulatory Affairs
21 March 2017
www.nanotechia.org
NIA supports the development of nanotech innovations that improve the lives of consumers, preserve our environment and advance our world
• Support development and application of a robust regulatory framework
• Business and scientific networking and promotion for Members
• Working to build the nanotechnology ecosystem
NIA: the voice of nanotechnology industries
Brussels Head Office
Team in Belgium, UK, France,
Netherlands, Sweden/Portugal
Skills in regulatory
development, project delivery,
advocacy and communications
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
Compliance with the nano definition
Food and food contact material labelling
Nano-assessment under the Biocidal Product Regulation
REACH and ECHA updates
Fiberlean® FMC
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
Things that I will talk about
Revision of European Commission 2011 Nanomaterial Definition Recommendation
[http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:275:0038:0040:EN:PDF]
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
• Identified issues
– Clarifications possible for several terms:
• ‘particle’, ‘physical boundary’, ‘unbound state’, ‘constituent particle’, ‘external size’ and ‘aggregate’, ‘one or more external dimensions’ as well as the verb ‘containing’
– How to identify particles in aggregates
– Inconsistency in the 1-50 % flexibility
– Confusion on the Volume Specific Surface Area (VSSA)
– How to prove a material is not a nanomaterial
• Public consultation (8 weeks) expected March/April
• Exclusions? Three options for public consultation: Maintain, Exclude, Addition
• Accompanied by JRC guidance document
• Likely EC adoption 2nd half 2017
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
Revision of European Commission 2011 Nanomaterial Definition Recommendation
Food labelling and packaging
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
The EU Nanomaterials Food Policy Plate– Comprehensive RegulatoryCoverage
General Food Law (178/2002)
Food Information to Consumers (1169/2011)
Food Additives(1333/2008)
Food Contact Materials
(1935/2004)
Active and Intelligent Food
Contact Materials (450/2009)
Plastic Materials(10/2011)
Novel Foods(2015/2283)
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
Regulation on Food Information– (EU No1169/2011
Labelling from 13 December 2014: Ingredient XX (nano)
Spring 2016 meeting with FoodDrink Europe:
– Not aware of any intentional use of nano– No labelling found
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
• Engineered nanomaterials require authorisation before being used in food
• Applicants need to demonstrate the scientificappropriateness of the test method [Article 10.4]
• EU legal definition of engineered nanomaterials is now in the Novel Food Regulation [Article 3.2.f]
Replaces the same definition currently in Regulation (EU) 1169/2011 Food Information to Consumers
EU Novel Food Regulation (EU) 2015/2283 –With nano-specifics
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
Scientific opinion, adopted 28 June 2016
• Re-evaluation of titanium dioxide (E 171) as a food additive
– ‘would not be considered as a nanomaterial’
Statement, adopted 11 May 2016
• Presence of microplastics and nanoplastics in food, with particular focus on seafood: Limited/no data on micro/nanoplastics
Scientific Opinion, adopted 10 February 2016
• Safety assessment of the substance zinc oxide, nanoparticles, for use in food contact materials: Does not migrate in nanoform
Scientific Opinion, adopted 18 March 2015
• Scientific Opinion on the safety evaluation of the substance zinc oxide, nanoparticles, uncoated and coated with[3-(methacryloxy)propyl] trimethoxysilane, for use in food contact materials: Does not migrate in nanoform
EFSA – Selection of Recent AdoptedOpinions
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
Re-evaluation programme on food additives (Commission Regulation (EU) No 257/2010):
• Vegetable carbon (E153)http://www.efsa.europa.eu/en/efsajournal/doc/2592.pdf
• Calcium carbonate (E 170)http://www.efsa.europa.eu/en/efsajournal/doc/2318.pdf
The re-evaluated product is not a nanomaterial
• Titanium dioxide (E171), Iron oxides and hydroxides (E172), Silver (E174) and Gold (E175)
• 31 December 2016: Silicon dioxide (E551)
• 31 December 2018: Calcium silicate (E552), Magnesium silicate (E553a) and Talc (E553b).
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
General framework, and vertical legislations (e.g. plastics) but also national regulations in place for other FCM materials (e.g. paper)
EU harmonised – most notable
• Framework regulation (EC) No 1935/2004 (Nano not mentioned)
• Active and intelligent materials regulation (EC) No 450/2009 (Nano)
• Plastic regulation (EU) No 10/2011 (Nano)
National regulations
• Available for various packaging, not nanospecific
EU Food Contact Materials Legislation
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
Regulation on Plastic Food Contact Materials (EU No 10/2011)
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
Substances in nanoform
• Risk assessment required for the form to be used
– Substances in nanoform can only be used when they have been subject to risk assessment and authorised in the nanoform
• Substances with reference to nanosize included in the positive list (Annex I) of authorised substances (size specification included in the list)• Carbon Black,
• (Butadiene, ethyl acrylate, methyl methacrylate, styrene) copolymer; crosslinked with divinylbenzene, crosslinked with 1,3-butanediol dimethacrylate or not cross-linked,
• Titanium nitride
• Silicon dioxide
• Kaolin
Regulation on Plastic FCM (EU No 10/2011)
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
Biocidal Products
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
• Applicable from 1 September 2013
• Risk Assessment to be performed by
Regulation (EU) No 528/2012 Concerning the making available on the market and use of biocidal products
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
Nanomaterials in the BPR (EU 528/2012)
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
Article 3.1.z Definitions
Nanomaterial “means a natural or manufactured active substance or non-active substance containing particles, in an unbound state or as an aggregate or as an agglomerate and where, for 50 % or more of the particles in the number size distribution, one or more external dimensions is in the size range 1 nm-100 nm…
Article 4.4 Conditions for approval
The approval of an active substance shall not cover nanomaterials except where explicitly mentioned
Article 58.3.d Placing on the market of treated articles
...the name of all nanomaterials contained in the biocidal products,followed by the work ‘nano’ in brackets
• Decision based on an Assessment Report submitted by France on 18 December 2015
• ECHA Biocidal Products Committee (BPC) adopted on 11October 2016 an Opinion on the application for approvalof the active substance:
• Pyrogenic, synthetic amorphous silicon dioxide, nano, surface treated– Product Type 18 (Insecticides, acaricides and products to control other
arthropods)
• Shall be included in the Union list of approved active substances
– The active substance is not a candidate for substitution, and does not meet the criteria for being a persistent organic pollutant
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
Synthetic Amorphous Silicon dioxide (SAS)
• Primary particle size: 6.9-8.6 nm
• Specific surface area: 217-225 m2/g;
• Size of stable aggregated particles: > 70 nm
• The active substance is a nanomaterial according to thedefinition set out in Article 3(1)(z) of Regulation (EU) No528/2014
• Dossier previously examined under Regulation (EC) No 1451/2007 (Review programme)
Synthetic Amorphous Silicon dioxide (SAS)
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
REACH and ECHAupdates
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
Modification of REACH Annexes – EC non-paper (March 2017)
• Regulatory definition (based on EC recommendation) to be inserted in Annex VI
• ‘Nanomaterial’ will be defined as ‘nanoform’– In one registration a substance can have several forms (sets)
– Nanoform require information on:
• Size/Shape/Surface modification…
• ECHA currently updating four guidance documents
– Identification of nanoform
– Read across between nanoforms of the same
substance
– Specific aspects of hazard assessment for human health and the environment
• Currently EC non-paper is discussed at the REACH Committee. Official proposal expected shortly
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
• General clarification (in Annex I, XII)
– If nanoforms are covered by the registration, they must be addressed, assessment and conclusions documented and appropriate risk management measures identified
• Introduction of requirements to provide information on nanoforms in Annexes I, III, VI-XII
– For characterisation: ‘Size, Shape, Surface modification’(Name, particle number size distribution, surface functionalization/treatment,
shape, aspect ratio, morphology, surface area, analytical methods)
– Specify test conditions
– Confounding effects related to dispersion
– Cancel waiving of testing based on high solubility in water alone
– Dustiness information etc….
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
Nano-specific modifications of REACH Annexes– Proposed modifications (EC non-paper)
• Agreement signed between ECHA and EC end 2016
• ECHA plans three phases of the EUON:1. 2017 – Use synergies: Available data and information
• Expected launch of microsite in June 2017
2. 2018 – Expansion of content
3. 2019 – Fully operational
European Observatory on Nanomaterials – EUON
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
• Decision adopted 2 March 2017 (case number A-011-2014)
• BoA decision follows REACH text!
• BoA annuls ECHA decision to ask for more information related to ‘substance identity’
– Note! Decision is not related to ‘substance evaluation’!
• BoA decision on SiO2 for ‘Substance evaluation’ expected in April
ECHA Board of Appeal – TiO2
A-011-2014 1(14)
DECISION OF THE BOARD OF APPEAL
OF THE EUROPEAN CHEMICALSAGENCY
2 March2017
(Dossier evaluation – Compliance check –
Substance identity – Nanomaterials – Nanoforms)
Case number A-011-2014
Language of the case English
Appellants Huntsman P&A UK Limited, formerly Tioxide Europe Limited,United Kingdom
Cinkarna Metalurško-kemična Industrija Celje d.d., Slovenia
• Registrant decide on substance ID• ECHA can not request information
outside REACH text specifications for Substance Identity
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
• TiO2 assessment provided by ANSES (FR) in May 2016 for Harmonised Classification and Labelling proposal for TiO2 as Carcinogen cat 1B (via the inhalation route)
• First discussion held in ECHA Risk Assessment Committee (RAC) 14 March 2017
• Continued discussions in RAC meeting June 2017
• Adoption in November 2017 following 18 month timeframe
ECHA TiO2 under Classification, Labelling and Packaging Regulation (CLP)
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
Fiberlean® MFC
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
• FiberLean® MFC is a composite produced by co-grinding cellulose fibers with minerals (Ground Calcium Carbonate, Precipitated Calcium Carbonate or Kaolin) based on a proprietary patented process
• Some primary fibers of nanoscale dimension followinge.g. the EC definition of nanomaterial
• Large potential use: Cement, Automotive, Coatings, Fillers, Plastic packaging, Absorbants, Aerospace, Aerogels, Sensors, Drug delivery, Cosmetics etc…
FiberLean® MFC – MicroFibrillatedCellulose
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
FiberLean® MFC – Approximate dimensions
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
• Food Contact Notification submitted to FDA
– With performed testing: Characterisation, migration, exposure etc…
• The FDA assessment became effective in November 2015 for use as a food contact substance in paper and paperboard for food packaging applications
• Health Canada January 2016; No reason to object the use of the substance
FiberLean® MFC Food Contact Substance assessed by FDA and Health Canada
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
Industrial Workshop on Safe-By-Design
Free of charge – Registration:https://www.bionanonet.at/component/chronoforms5/?chronoform=form2
24-25 April
2017
Bilbao
• Introduction to the Safe-by-Design concepts to a wider audience
• Development of new relationships between the Horizon 2020 projects involved in Safe-by-Design and industrial stakeholders
• Bringing together industrial companies who can benefit from the use of Safe-by-Design
Global Business Summit 201720-22 March 2017, Amsterdam, The Netherlands © 2017 Nanotechnology Industries Association
© 2017 Nanotechnology Industries Association
@nanotechia
www.nanotechia.org
Dr David CarlanderDirector Regulatory Affairs Nanotechnology Industries Association m: +32 491 399 441e: [email protected]: www.nanotechia.org
BrusselsNanotechnology Industries Association (aisbl) 143 Avenue de Tervuren1150 Woluwe-Saint-Pierre, Brussels Belgium
Thank you!