report
2.3.6 Current situation within the EU

The EU has many different research groups active in these areas, as well as companies who are developing sensors, coatings and delivery systems, although there is as yet limited uptake in foodstuffs. Technical and manufacturing challenges aside; the other major issue is to ensure that all food contact materials (coatings, filters) and ingredients are safe for human health. Although there is no specific EU legislation governing the use of nanomaterials in food, it is likely, at present, that current legislation should be adequate: for example Article 14, Reg. (EC) 178 of 2002 states that "unsafe food" cannot be placed on the market. The Novel Food Regulation (EC) No 258/97, includes all foodstuffs or ingredients that have not been consumed to a significant degree before 1997. This could potentially be adapted to encompass nanotechnology, and has in fact already been cited by the Finnish government to prevent the importation of a liposomal nutriceutical .

The EC has asked the European Food Safety Authority (EFSA) to "provide a scientific opinion on potential risks arising from nanoscience and nanotechnologies on food and feed safety". This has identified that there is a lack of information regarding: characterisation, formulation, and level of use of nanomaterials in food and feed. Among its recommendations are the generation of knowledge databases of nanomaterial usage in food and feed; potential environment, health and safety implications; and characterisation tools and methods . The EFSA launched a public consultation on this opinion in October 2008 .

Lypo-sphericTM Vitamin C claims to increase bioavailability of vitamin C through liposomal encapsulation, and was refused an import license in 2008 by Finland under the Novel Food Regulation.

www.efsa.europa.eu