Silver Research Consortium LLC Objects to the Environmental Protection Agency's Proposed Interpretation of Nanomaterials Under the Federal Insecticide, Fungicide, and Rodenticide Act
The Silver Technology Working Group (“SNWG”) of the Silver Research Consortium LLC recently sent a letter to the Environmental Protection Agency (“EPA”) expressing concern about a proposed interpretation issued by the EPA’s Office of Pesticide Programs (“OPP”) of a nanoscale pesticide products regulation under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”), 7 U.S.C. § 136 et seq. (1996). SNWG contended that the pending Federal Register policy applicable to nanotechnology constituted a damaging change which could threaten all nano-related industries. Specifically, SNWG argued that the OPP’s new interpretation would: (1) establish a definition of “nanomaterial” that arbitrarily provides a size limit of 100 nm, “focus[ing] too heavily on size rather than the underlying properties of the…material; (2) consider the presence of any nanoscale material in any registered pesticide to be reportable as having an unreasonable adverse effect, a proposition which contradicts the articulated purpose of FIFRA §6(a)(2); and (3) erroneously declares nanosilver and all other products containing nanomaterials to be “new” materials, even though, as SNWG contends, nanosilver materials allegedly have “decades of historical records of safe use.” SNWG further noted that these policy changes could stifle innovation and progress in the nanotechnology field, as well as create an unjustifiable and negative public perception of the technology.
