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International Cooperation in the Regulation of Nanotechnology

By Vivian M. Quinn and Benjamin R. Dwyer
December 27, 2012

The nanotechnology industry and other interested stakeholders have kept a keen eye on various governmental regulatory bodies regarding the regulation and oversight of nanotechnology and nanomaterials. Since the mid-2000s, such bodies have generally taken a cautious approach. They have tended to utilize existing regulatory frameworks and have generally eschewed creating new frameworks or issuing regulations specific to nanotechnology. It is unlikely that this approach will continue forever as political pressure may ultimately lead to the creation of nanotechnology-specific regulatory regimes. What will such regulation look like? What would be the parameters? What definitions may be employed? To answer these questions, we may look not only to individual country's regulatory authorities but also to international bodies and various countries' steps toward cooperation in the field of nanotechnology. This article provides a broad overview of the general approach taken by major countries in the field of nanotechnology. It also describes steps taken in international cooperation in this area and suggests possible areas of international regulatory convergence.

U.S. Oversight of Nanomaterials

It is the present policy of the United States to work within existing statutory regimes. This was made clear in 2011 when the White House indicated that existing regulatory statutes provide a firm foundation for the regulation and oversight of nanomaterials and that federal agencies presently have the authority to evaluate the safety, effectiveness, and health and environmental impacts of nanomaterials. Although the White House also stated that improved understanding of risks and benefits may allow this approach to evolve and that legislative or administrative modifications could be necessary, nevertheless it proposed no new nanotechnology-specific legislative or regulatory action and gave no indication that any action would be taken outside existing frameworks.

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