Nanotechnology Developments Cropping Up in Food and Agriculture

  Dawn Willow, J.D., Legal Fellow
  Center on Nanotechnology and Society

The nanotechnology food and agriculture market impacts several industries, from energy to pharmaceuticals to textiles. According to Helmut Kaiser Consultancy, the nano food market is currently a $2.6-billion industry, will become a $7-billion industry in 2006, and will be a more-than-$20.4-billion industry by 2010.¹

Although development in nanotechnology has led to many promising applications, industries using nanotechnology are becoming aware of the risk in rushing commercial products to market. Recently, several environmental groups petitioned the Food and Drug Administration (FDA) for a recall of sunscreen products containing nanoparticles, and a product mis-labeled as a nanoproduct created a scare in Europe. At the Nanotechnology in Food and Agriculture Conference in Washington, D.C., these happenings were not ignored by the food and agriculture community, which asked questions relating to the commercial impacts that nanotechnology will have on these industries. These questions included whether reactive regulation would hamper development and whether consumer safety concerns could lead to international trade barriers. These and many other issues were addressed by scientists, legal experts, and representatives from government and business at the June conference, which was sponsored by Food and Chemical News and its parent company, Agra Informa.

Dr. Mihail C. Roco, Senior Advisor to the National Science Foundation's National Nanotechnology Initiative keynoted the conference, providing an introduction to the development of nanotechnology and its future applications. He explained how, in the last several years, nanotechnology has progressed from passive nanotechnology (i.e., coatings and structured nanometals) to active nanotechnology (i.e., targeted drug delivery) and nanosystems (i.e., robotics and guided-assembly). Dr. Roco went on to re-iterate the National Institutes of Health's prediction that cancer would be eliminated by 2015 due to nano-enabled drugs and drug delivery systems. In the wake of such grand predictions of rapid development and new applications in medicine and agriculture, Dr. Roco emphasized the need to focus on NELSI - nanotechnology's ethical, legal, and social implications, EHS (environmental, health, and safety), and risk governance. Dr. Celia Merzbacher provided an overview of the National Nanotechnology Initiative's priorities, budget, and framework, which included examining NELSI. In particular, Dr. Merzbacher stressed the importance of risk assessment in health and the environment, workforce preparation, nanotechnology education, public engagement, and knowledge sharing between the public and private sectors.

Two major uses of nanotechnology in the food industry include creating sensory value (e.g., manufacturing texture and manipulating flavors) and using amine-based nano sensors on a packaging substrate (e.g., plastic foil that would biodegrade) to ensure food preservation, safety, and biosecurity. However, Dr. Linda Katz, Director of the FDA's Office of Colors and Cosmetics, noted that although a few patents on nano packaging technology have been filed, currently, no applications have been submitted to the FDA for review.

Dr. Hongda Chen, National Program Leader of Bioprocess Engineering at the U.S. Department of Agriculture's Cooperative State Research, Education, and Extension Service, explained that, in agriculture, scientists use nanotechnologies to study biological systems, to track bacterial populations, to identify and characterize hydraulic flow paths in agricultural landscapes, and to improve on seed production and pesticides. Another industry, closely paralleling the drug industry with regard to nanotechnology applications, is the nutraceutical industry. Dr. Wolfgang Haehnlein, Senior Consultant of Aquanova, a supplier of nanostructured liquid formulas ("solubilisates") for active substances, explained how the company uses nanotechnology to protect food while using fewer preservatives (ascorbic and sorbic acids) and to make vitamins and pharmaceuticals more effective by improving bioavailability. ²

Public resistance to nano food and agricultural products may not only be in response to health fears but also to social and economic concerns. Buchanan Ingersoll PC attorney Edward John Allera pointed out that agricultural subsidies are a political and global issue and that the role of food varies in different cultures. On this topic, speakers and conference participants discussed the potential consequences of patents displacing market commodities, such as nano-fibers replacing the cotton market, which includes 100 million farmers - 95% of whom farm in the poorest countries. Another social concern was noted by Dr. Philippe Martin, Principle Administrator for the European Commission's Nanotechnology Policy Development and Coordination, who explained that the trend in Europe is to eliminate animal testing. In conflict with this movement, consumer safety will be difficult to balance with animal welfare as nanotechnology applications come to market.

Dr. Gregory A. Sotzing, Assistant Professor of Chemistry and Polymer Sciences at University of Connecticut, commented that scientists need to study how nanotechnology packaging materials transfer to food and release amines, chemicals that may be absorbed by the packaged product and ingested by humans. Addressing issues of occupational health and safety, Dr. Charles Geraci, Branch Chief of the National Institute of Occupational Health and Safety, explained that there is a lack of knowledge and agreement among experts about the best way to conduct toxicology studies on nanoparticles, and how best to distinguish between ambient and engineered nanoparticles. Furthermore, the instability of nanoparticles (where, for example, coatings and charges can significantly influence properties) may require standards to be established for, not only products, but for manufacturing processes. Until such standards, toxicology practices, and risk assessment methodologies are developed, the regulation of nanomaterials and nanoproducts in the food and agricultural industry will pose a serious challenge for government agencies and policy makers.

Dawn M. Willow, J.D., is a legal fellow at the Institute on Biotechnology and the Human Future and the Center on Nanotechnology and Society at Chicago-Kent College of Law/Illinois Institute of Technology

¹ Helmut Kaiser Consultancy, Nanotechnology in Food and Food Processing Industry Worldwide (2004), available at http://www.hkc22.com/nanofood.html.
² For example, many active ingredients have limited absorption because they are fat soluble or insoluble; Aquanova's nanotechnology renders certain insoluble actives soluble. This technology aids patients with cystic fibrosis whose stomachs and small intestines are not able to adequately emulsify and micellate coenzyme Q10, a process necessary for nutrient absorption.