The European Commission has published a new proposal for a Regulation on Novel Foods 2013/045(COD); this draft document is a new attempt to review the legal framework for novel foods that was set in Europe with the 1997 Regulation on Novel Foods (EC) 258/97.
In 2008 a similar proposal was examined by the EC's institutions; due to the inability of European Member States and the European Parliament to reach an agreement around the question of cloned meat, however, the document was finally withdrawn in 2011. Similarly to this 2008 proposal, the new document includes provisions on nanomaterials; cloning, however, will be addressed in a different directive.
‘Nanomaterials which are intended for food uses and covered by the definition of "engineered nanomaterials", as laid down in Regulation (EU) no. 1169/2011 on Food Information to Consumers, shall be assessed and authorised under this Regulation before being placed on the EU market‘, states the introduction to the draft Regulation.
Article 2.2(a) of the proposal specifies that 'novel foods' include in particular: ‘food containing or consisting of "engineered nanomaterials" as defined in Article 2(2)(t) of Regulation (EU) No 1169/2011’ Food additives, including nanomaterials, falling within the scope of Regulation on Food Safety: Food Additives (EC) No 1333/2008, are excluded from the scope of this regulation.