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Regulation

In line with the OECD Council Recommendation different countries around the world started managing the risks of manufactured nanomaterials by applying “the existing international and national chemical regulatory frameworks or other management systems, adapted to take into account the specific properties of manufactured nanomaterials”.

Here we provide a more detailed overview of European regulations that specifically deal with nanomaterials in the industrial chemicals, biocides, food and feed, cosmetics, and (veterinary) medical areas. For other parts of the world, we provide a few examples of countries that include the nanomaterials in their chemical regulations, but we do not intend to provide an exhaustive list of all regulations around the world.

Europe

In Europe safety of industrial chemicals is regulated in the Regulation (EC) 1907/2006 Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). REACH addresses the production and use of chemical substances, and their potential impacts on both human health and the environment. In principle, REACH applies to all chemical substances; not only those used in industrial processes but also in our day-to-day lives, for example in cleaning products, paints as well as in articles such as clothes, furniture and electrical appliances.

Since 2018 the European Regulation (EU) 2018/1881 amends the REACH regulation to address nanoforms. This includes additional requirements for substance identification as well as some further requirements to address the specifics of nanomaterials in their potential impacts on both human health and the environment.

The European Chemicals Agency (ECHA) provides guidance to support registrants to comply to the REACH regulation. Since 2012 this includes specific appendices to the guidance documents that support the registration of nanoforms of a substance and providing further information on their impacts on both human health and the environment. Guidance is regularly updated to include latest scientific progress and insights.

The Biocidal Products Regulation (BPR, Regulation (EU) 528/2012) concerns the placing on the market and use of biocidal products, which are used to protect humans, animals, materials or articles against harmful organisms like pests or bacteria, by the action of the active substances contained in the biocidal product. This regulation aims to improve the functioning of the biocidal products market in the EU, while ensuring a high level of protection for humans and the environment.

The European Chemicals Agency (ECHA) provides guidance to support applicants to comply to the Biocidal Products Regulation. For nanomaterials, this guidance also refers to the guidance for REACH.

In the EU the safety of nanomaterial in food products is specifically mentioned under the novel food regulation (Regulation (EC) 2015/2283), the food contact material regulation (Regulation 282/2008/EC), food additives (Regulation 1333/2008/EC) and in food information to consumers (Regulation (EU) 1169/2011). Nevertheless, also other food regulations (e.g., Regulation 1331/2008/EC, Regulation 1332/2008/EC, Regulation 1334/2008/EC) are relevant for nanomaterials.

The European Food Safety Agency (EFSA) provides guidance to support applicants with nanomaterials to comply to the food and feed regulations. But also for materials that contain only a proportion of nanomaterials, the nanospecifics may be relevant. That is explained in a separate EFSA-guidance document.

The EU Regulation on Cosmetic Products (Regulation (EU) 1223/2009) is the main regulatory framework for finished cosmetic products when placed on the EU market. It strengthens the safety of cosmetic products and streamlines the framework for all operators in the sector. It also includes specific provisions for nanomaterials.

Regulatory implementation is supported by guidance documents, written by the Scientific Committee on Consumer Safety (SCCS). The most recent guidelines for nanomaterials in cosmetics are the Notes of guidance for the testing of cosmetics and the guideline for safety assessment of nanomaterials.

The EU Regulation on veterinary medicinal products (Regulation (EU) 2019/6) is the main regulatory framework for veterinary medicinal products when placed on the EU market. The regulation specifically mentions nanotechnology and requirements are laid down in Annex II of the regulation.

The European Medical Agency (EMA) provides further Guidance and Scientific Guidelines to comply to the regulation.

Medical devices are regulated in Regulation (EU) 2017/745. The regulation also includes a definition for medical devices and nanomaterials are specifically mentioned. Further guidance is provided in several ISO documents, most notably ISO 10993/22 on nanomaterials in medical devices.


The following relevant regulations do not specifically mention nanomaterials, but they also apply to nano-enable products.

Before any plant protection products (PPPs) can be placed on the market or used, it must be authorised in the EU country concerned. Regulation (EC) No 1107/2009 lays down the rules and procedures for authorisation of PPPs. PPPs contain at least one approved active substance. These may include micro-organisms, pheromones and botanical extracts. The European regulation on data requirements for active substances in plant protection products (Regulation (EU) 283/2013) lays down the required information for approval. PPP regulation do not specifically mention the term "nanomaterials". Nevertheless, the data requirements should also be fulfilled for nanomaterials. The European Food Safety Authority (EFSA) coordinates the peer-review process of active substances in PPPs. The EFSA guidance for food and feed regulations may therefore also be relevant for PPPs.

The medicinal products for human use are regulated through Directive 2001/83/EC. As this directive is not very descriptive most of the detailed requirements are further described in Guidance and Scientific Guidelines by the European Medical Agency (EMA). The legislation does not specifically mention nanomaterials, but it is expected that nanospecifics are picked up by the detailed scrutiny for medicinal products.

The directive on General Product Safety Directive stands as the main EU legislation providing the framework for the safety of a product which is not covered by specific legislations. The scope of the GPSD is to assure that only safe products are placed on the EU market. This is assured by providing general concepts, establishing the responsibilities of the value chain actors, and by indicating harmonized standards (safety rules), which are methods officially accepted by the EU to evaluate safety of certain products.

The Directive on Restriction of Hazardous Substances in Electrical and Electronic Equipment (RoHS Directive) identifies hazardous substances that shall not be included in electrical and electronic equipment. The RoHS Directive currently restricts the use of ten substances: lead, cadmium, mercury, hexavalent chromium, polybrominated biphenyls (PBB) and polybrominated diphenyl ethers (PBDE), bis(2-ethylhexyl) phthalate (DEHP), butyl benzyl phthalate (BBP), dibutyl phthalate (DBP) and diisobutyl phthalate (DIBP). In principle this also includes nanomaterials

The Directive on Waste from Electrical and Electronic Equipment (WEEE Directive) aims to contribute to sustainable production and consumption by preventing the creation of WEEE, contributing to the efficient use of resources and the retrieval of secondary raw materials through re-use, recycling and other forms of recovery, and improving the environmental performance of everyone involved in the life cycle of EEE. In order to achieve these objectives, the Directive requires the separate collection and proper treatment of WEEE and sets targets for their collection as well as for their recovery and recycling, helps European countries fight illegal waste exports more effectively by making it harder for exporters to disguise illegal shipments of WEEE, and reduces the administrative burden by calling for the harmonisation of national EEE registers and of the reporting format.

This category of products covers a broad range of goods, such as upholstery, garments, footwear, home textile, etc. Specific legislations would apply to cover labelling, fibre composition, flammability, etc. and are mainly covered by the Regulation on textile fibre names and the marketing of the fibre composition of textile products. Since nanomaterials may be embedded in the product fibres, these pieces of legislation may also apply even if no provisions for nanomaterials are included, hence manufacturers must take into account the adaptation of key guidelines to nanomaterials while addressing the requirements of these pieces of legislation.


Other parts of the world

It should be emphasised that countries included here are provided as examples only. It is not intended to provide an exhaustive list of all regulations around the world.

In the United States of America nanoscale materials are assessed within the regulatory framework for chemicals in the Toxic Substances Control Act. An information gathering rule on new and existing nanomaterials is drafted and premanufacture notifications for new nanomaterials have become mandatory.

In Canada nanoscale materials are assessed within the regulatory framework for chemicals in the Canada Environmental Protection Act. In June 2022, a draft Framework for the Risk Assessment of Manufactured Nanomaterials under the Canadian Environmental Protection Act was published. In parallel to developing this Framework the Government of Canada initiated screening assessments of some identified existing nanomaterials.

The Australian Industrial Chemicals Introduction Scheme (AICIS) requires anyone who plans to manufacture or import industrial chemicals (or products that contain industrial chemicals) into Australia for commercial, research or any business-related purposes needs to register to enable assessment and authorisation by the Australian government.

Korea’s Act on the Registration and Evaluation of Chemical Substances” is the legislation that sets out the rules on how to register, evaluate and safely manage chemicals. Specific requirements are included for nanomaterials.


Name ↕ Website ↕ Description ↕
Industrial chemicals - Regulation data.europa.eu/eli/reg/2006/1907/oj In Europe safety of industrial chemicals is regulated in the Regulation (EC) 1907/2006 Registration, Evaluation, Authorisation and Restriction of Chemicals ( REACH). REACH addresses the production and use of chemical substances, and their potential impacts on both human health and the environment.
Industrial chemicals - Regulation data.europa.eu/eli/reg/2018/1881/oj Since 2018 the European Regulation (EU) 2018/1881 amends the REACH regulation to address nanoforms. This includes additional requirements for substance identification as well as some further requirements to address the specifics of nanomaterials in their potential impacts on both human health and the environment.
Industrial chemicals - Regulatory Guidance echa.europa.eu/guidance-documents/guidance-on-information-requirements-and-chemical-safety-assessment The European Chemicals Agency (ECHA) provides guidance to support registrants to comply to the REACH regulation. Since 2012 this includes specific appendices to the guidance documents that support the registration of nanoforms of a substance and providing further information on their impacts on both human health and the environment. Guidance is regularly updated to include latest scientific progress and insights.
Cosmetics - Regulation data.europa.eu/eli/reg/2009/1223/oj The European Cosmetics Regulation (Regulation (EC) 1223/2009) requires Annexed cosmetic substances to be notified, safety assessed and adequately labelled before being allowed on the EU market. These annexes lay down clear limitations and requirements for the cosmetic substances concerned. The safety assessment of the cosmetic ingredients in the EU is overseen by the Scientific Committee on Consumer Safety (SCCS).
Cosmetics - Regulatory Guidance ec.europa.eu/health/sites/health/files/
scientific_committees/consumer_safety/docs/
sccs_o_224.pdf
The SCCS provides notes of guidance for the testing of cosmetic ingredients and their safety evaluation to allow companies to comply to the Cosmetics Regualtion. This notes are a living document that is regularly updated.
Cosmetics - Regulatory Guidance ec.europa.eu/health/sites/health/files/
scientific_committees/consumer_safety/docs/
sccs_o_233.pdf
In the guidance on the safety assessment of nanomaterials in cosmetics the SCCS provide detailed information and a check-list of information that an applicant should provide as a minimum for a safety assessment of nanomaterials.
Food information - Regulation data.europa.eu/eli/reg/2011/1169/oj The regulation on food information to consumers (Regulation (EU) 1169/2011) requires several types of information to be indicated on the label of food prodcucts, including a clear indication of the presence of nanomaterials.
Plant protection products - Regulation data.europa.eu/eli/reg/2013/283/oj The European regulation on data requirements for active substances in plant protection products (Regulation (EU) 283/2013) does not specifically mention the term "nanomaterials". Nevertheless, the data requirements should also be fulfilled for nanomaterials.
Novel food - Regulation data.europa.eu/eli/reg/2015/2283/oj European regulation on novel foods (Regulation (EC) 2015/2283)
Food additives - Regulatory Guidance doi.org/10.2903/j.efsa.2012.2760 EFSA guidance for submission for food additive evaluations
Feed additives - Regulatory Guidance doi.org/10.2903/j.efsa.2019.5648 EFSA guidance to safety of feed additives for the environment
Food and feed - Regulatory Guidance doi.org/10.2903/j.efsa.2021.6768 EFSA guidance on risk assessment of nanomaterials to be applied in the food and feed chain: human and animal health 2021
Biocides - Regulation data.europa.eu/eli/reg/2012/528/oj European regulation on biocidal products (Regulation (EU) 528/2012)
Biocides - Regulatory Guidance echa.europa.eu/guidance-documents/guidance-on-biocides-legislation ECHA guidance for biocidal products.
Medicinal products - Regulation data.europa.eu/eli/dir/2001/83/oj European directive on directive medicinal products for human use (Directive (EC) 2001/83)
Medicinal products - Regulatory Guidance www.ema.europa.eu/en/ich-q6a-specifications-test-procedures-acceptance-criteria-new-drug-substances-new-drug-products EMA note for guidance on test procedures for new drugs (chemical substances)
Medicinal products - Regulatory Guidance www.ema.europa.eu/en/carcinogenic-potential EMA note for guidance on testing carcinogenic potential
Medicinal products - Regulatory Guidance www.ema.europa.eu/en/non-clinical-investigation-dependence-potential-medicinal-products EMA guideline on the non-clinical investigation of the dependence potential of medicinal products
Medicinal products - Regulatory Guidance www.ema.europa.eu/en/ich-s8-immunotoxicity-studies-human-pharmaceuticals EMA note for guidance on immunotoxicity studies for human pharmaceuticals
Medicinal products - Regulatory Guidance www.ema.europa.eu/en/environmental-risk-assessment-medicinal-products-human-use EMA guideline on environmental risk assessment of medicinal products for human use
Medicinal products - Regulatory Guidance www.ema.europa.eu/en/ich-s2-r1-genotoxicity-testing-data-interpretation-pharmaceuticals-intended-human-use EMA note for guidance on genotoxicity testing and data interpretation for pharmaceuticals intended for human use
Medicinal products - Regulatory Guidance www.ema.europa.eu/en/risk-assessment-medicinal-products-human-reproduction-lactation-data-labelling EMA guideline on risk assessment of medicinal products on human reproduction and lactation
Medicinal products - Regulatory Guidance www.ema.europa.eu/en/need-non-clinical-testing-juvenile-animals-human-pharmaceuticals-paediatric-indications EMA guideline on the need for non-clinical testing in juvenile animals on human pharmaceuticals for paediatric indications
Medicinal products - Regulatory Guidance www.ema.europa.eu/en/repeated-dose-toxicity EMA guideline on repeated dose toxicity
Medicinal products - Regulatory Guidance www.ema.europa.eu/en/documents/scientific-guideline/joint-ministry-health-labour-welfare/european-medicines-agency-reflection-paper-development-block-copolymer-micelle-medicinal-products_en.pdf MHLW/EMA reflection paper on the development of block copolymer micelle medicinal products
Medicinal products - Regulatory Guidance www.ema.europa.eu/en/data-requirements-intravenous-liposomal-products-developed-reference-innovator-liposomal-product EMA reflection paper on the data requirements for intravenous liposomal products
Medicinal products - Regulatory Guidance www.ema.europa.eu/en/ich-s10-photosafety-evaluation-pharmaceuticals EMA guidance on photosafety evaluation of pharmaceuticals
Medicinal products - Regulatory Guidance www.ema.europa.eu/en/non-clinical-local-tolerance-testing-medicinal-products EMA guideline on non-clinical local tolerance testing of medicinal products
Medicinal products - Regulatory Guidance www.ema.europa.eu/en/data-requirements-intravenous-iron-based-nano-colloidal-products-developed-reference-innovator EMA reflection paper on the data requirements for intravenous iron-based nano-colloidal products
Medicinal products - Regulatory Guidance www.ema.europa.eu/en/documents/scientific-guideline/guideline-chemistry-active-substances_en.pdf EMA guideline on the chemistry of active substances
Medicinal products - Regulatory Guidance www.ema.europa.eu/en/requirements-chemical-pharmaceutical-quality-documentation-concerning-investigational-medicinal EMA guideline on the chemical and pharmaceutical quality in clinical trials
Medicinal products - Regulatory Guidance www.ema.europa.eu/en/documents/scientific-guideline/draft-guideline-environmental-risk-assessment-medicinal-products-human-use-revision-1_en.pdf EMA guideline on the environmental risk assessment of medicinal products for human use
Medicinal products - Regulatory Guidance www.ema.europa.eu/en/ich-s5-r3-guideline-reproductive-toxicology-detection-toxicity-reproduction-human-pharmaceuticals EMA guideline on reproductive toxicology for human pharmaceuticals
Medical devices - Regulation data.europa.eu/eli/reg/2017/745/oj European regulation on medical devices (Regulation (EU) 2017/745)
Medical devices - Regulatory Guidance ec.europa.eu/health/scientific_committees/
consultations/public_consultations/
scenihr_consultation_22_nl
SCENIHR guidance on nanomaterials in medical devices
Medical devices - Regulatory Guidance www.iso.org/standard/35979.html ISO guidance on immunotoxicology testing of medical devices
Medical devices - Regulatory Guidance www.iso.org/standard/36406.html ISO guidance on tests for in vitro cytotoxicity of medical devices
Medical devices - Regulatory Guidance www.iso.org/standard/55614.html ISO guidance on tests for genotoxicity, carcinogenicity and reproductive toxicity of medical devices
Medical devices - Regulatory Guidance www.iso.org/standard/68426.html ISO guidance on tests for systemic toxicity of medical devices
Medical devices - Regulatory Guidance www.iso.org/standard/65918.html ISO guidance on biological evaluation of nanomaterials in medical devices
Medical devices - Regulatory Guidance www.iso.org/standard/75279.html ISO guidance on tests for skin sensitization of medical devices
Medical devices - Regulatory Guidance www.iso.org/standard/74151.html ISO guidance on tests for irritation of medical devices
Veterinary medicinal products - Regulation data.europa.eu/eli/reg/2019/6/oj European regulation on veterinary medicinal products (Regulation (EU) 2019/6)
Veterinary medicinal products - Regulation data.europa.eu/eli/reg_del/2021/805/oj Amendment of Annex II of the European regulation on veterinary medicinal products (Delegated Regulation (EU) 2021/805)
Veterinary medicinal products - Regulatory Guidance www.ema.europa.eu/en/vich-gl22-safety-studies-veterinary-drug-residues-human-food-reproduction-studies EMA guidance on reproduction testing of residues of veterinary drugs in human food
Veterinary medicinal products - Regulatory Guidance www.ema.europa.eu/en/vich-gl31-safety-studies-veterinary-drug-residues-human-food-repeat-dose-90-toxicity-testing EMA guidance on repeated-dose 90 day toxicity testing of residues of veterinary drugs in human food
Veterinary medicinal products - Regulatory Guidance www.ema.europa.eu/en/vich-gl37-safety-veterinary-drugs-human-food-repeat-dose-chronic-toxicity-testing EMA guidance on repeated-dose chronic toxicity testing of residues of veterinary drugs in human food
Veterinary medicinal products - Regulatory Guidance www.ema.europa.eu/en/documents/scientific-guideline/vich-gl38-environmental-impact-assessments-veterinary-medicinal-products-vmps-phase-ii_en.pdf EMA guidance on environmental impact assessment for veterinary medicinal products
Veterinary medicinal products - Regulatory Guidance www.ema.europa.eu/en/documents/scientific-guideline/vich-gl28-studies-evaluate-safety-veterinary-drugs-human-carcinogenicity-testing-step-7-after_en.pdf EMA guidance on human carcinogenicity testing of veterinary drugs
Veterinary medicinal products - Regulatory Guidance www.ema.europa.eu/en/vich-gl33-safety-studies-veterinary-drug-residues-human-food-general-approach-testing EMA guidance on a testing approach for residues of veterinary drugs in human food
Veterinary medicinal products - Regulatory Guidance www.ema.europa.eu/en/determining-fate-veterinary-medicinal-products-manure EMA guidance on determining fate of veterinary medicinal products in manure
Veterinary medicinal products - Regulatory Guidance www.ema.europa.eu/en/documents/scientific-guideline/vich-gl23-studies-evaluate-safety-residues-veterinary-drugs-human-food-genotoxicity-testing-revision_en.pdf EMA guidance on genotoxicity testing of residues of veterinary drugs in human food
Veterinary medicinal products - Regulatory Guidance www.ema.europa.eu/en/documents/regulatory-procedural-guideline/advice-implementing-measures-under-article-1462-regulation-eu-2019/6-veterinary-medicinal-products-scientific-recommendation-revision-annex-ii-regulation-eu-2019/6-veterinary-medicinal-products_en.pdf EMA advice on implementing the European regulation on veterinary medicinal products
United States of America - Toxic Substances Control Act www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/control-nanoscale-materials-under In the United States of America nanoscale materials are assessed within the regulatory framework for chemicals in the Toxic Substances Control Act. An information gathering rule on new and existing nanomaterials is drafted and premanufacture notifications for new nanomaterials have become mandatory.
Canada Environmental Protection Act www.canada.ca/en/health-canada/services/chemical-substances/nanomaterials.html In Canada nanoscale materials are assessed within the regulatory framework for chemicals in the Canada Environmental Protection Act. In June 2022, a draft Framework for the Risk Assessment of Manufactured Nanomaterials under the Canadian Environmental Protection Act was published. In parallel to developing this Framework the Government of Canada initiated screening assessments of some identified existing nanomaterials.
Australian Industrial Chemicals Introduction Scheme (AICIS) www.industrialchemicals.gov.au/help-and-guides/extra-resources-help-you-categorise-your-introduction/categorisation-chemicals-nanoscale Anyone who plans to manufacture or import industrial chemicals (or products that contain industrial chemicals) into Australia for commercial, research or any business-related purposes needs to register to enable assessment and authorisation by the Australian government.
K-REACH www.kei.re.kr/board.es?mid=
a20609030000&bid=0063&act=
view&list_no=57894
“Korea’s Act on the Registration and Evaluation of Chemical Substances” is the legislation that sets out the rules on how to register, evaluate and safely manage chemicals. Specific requirements are included for nanomaterials.