Abstract
Food touches every human and every other species in the world throughout
daily life. Food is therefore the subject of extensive regulation
nationally, internationally across trade agreements, and under some
religious law as well. Nanotechnology has been applied to food since the
late 20 th century with attendant implications for
food quality, quantity, and distribution. Applications of nanotechnology
impacting food “from field to fork” include: more effective
formulation of fertilizers, pesticides, and herbicides; nanosilver as an
antibacterial in food handling and refrigeration; carbon nanotubes for
secure and durable packaging Titanium dioxide to make food white,
fluffy, and attractive to consumers; and nano-biosensors to detect
temperature changes that might cause spoilage, thereby helping to
prevent food loss. One nanoscale material in particular, Titanium
Dioxide, has been subject to litigation and banned in Europe. By
contrast, it is generally recognized as safe under USA laws, and has no
specific federal limit if it consists of one percent or less of the
total food involved. But, California’s assembly has also introduced
legislation to ban this substance, and therefore the role of
nanotechnology applied to food, shaping new laws and spawning
litigation, is a hot new legal issue.