Questioning the adequacy of the regulatory regime for nanotechnology in Malawi

• DOI: 10.10520/EJC161851
• Author: Mary Gulumian,Wells Utembe
• Date: 01 January 2013
• Published date: 01 January 2013
• Pages: 9-34

QUESTIONING THE ADEQUACY OF THE

REGULATORY REGIME FOR

NANOTECHNOLOGY IN MALAWI

Wells Utembe* & Mary Gulumian**

ABSTRACT

Nanotechnology exploits unique physico-chemical properties that emerge at the

nanoscale to improve the properties of materials and products. Despite the great

promise they herald, there are concerns over risks posed by nanotechnology,

mainly as regarding worker and consumer safety and the environment. The aim

of this article is to examine the adequacy of the legislation, policies and regula-

tions governing nanomaterials. The Consumer Protection Act places a duty on

the government to protect consumers and requires traders of consumer goods to

publish safety instructions and warnings. However, the Malawian chemical reg-

ulatory regime does not adequately address potential risks from nanotechnology

although it has some provisions that can be used to manage nanotechnology. This

article argues that Malawi should introduce a specific policy on nanotechnology.

This may be achieved incrementally by implementing a similar approach as that

of the European Union by adapting the existing laws so that they are capable of

addressing the problems raised by nanomaterials. Crucial in adequately regulat-

ing these materials is the need for the Pharmacy and Poisons Board and the

Pesticide Control Board to set up criteria that may be used to analyze

nanoproducts. Labeling is already a requirement for prepacked foods, medicines

and pesticides. There is a need to request that the word ‘nano’ should appear on

the labels of nanomaterials and products such as nanomedicines. Furthermore, it

is the duty of every employer to ensure the safety, health and welfare of all its em-

ployees, including conducting risk assessment and management of

nanotechnology used at the workplace. As a precaution, the Ministries

THE REGULATORY REGIME FOR NANOTECHNOLOGY IN MALAWI 9

Toxicology and Biochemistry Section, National Institute of Occupational Health, South Africa

and Malawi Polytechnic, Department of Physics and Biochemical Sciences.

email: Wells.Utembe@nioh.nhls.ac.za

Toxicology and Biochemistry Section, National Institute of Occupational Health, South Africa

and Haematology and Molecular Medicine Department, University of the Witwatersrand.

email: Mary.Gulumian@nioh.nhls.ac.za

*

**

responsible for the environment and occupational health should consider

nanomaterials as hazardous; while the Malawi Bureau of Standards should reg-

ulate nanomaterials in consumer products such as sunscreens.

I INTRODUCTION

Nanotechnology can be defined as the design, synthesis, and applica-

tion of materials and devices whose size and shape have been engineered at

the nanoscale. It exploits unique chemical, physical, electrical, and mechani-

cal properties that emerge when matter is structured at the nanoscale.1

Nanomaterials have found many applications in food, pesticides, medicines,

electronics, clothes, construction materials and many more. A nanoparticle is

a particle with one or more dimensions smaller than 100 nm, where a nano-

metre (nm) denotes one billionth of a metre (10-9 m). Nanomaterials are

materials that have structural components smaller than 100 nm in at least

one dimension.2Nanoparticles can be classified as intentional, resulting

from nanotechnology-based synthesis and usually referred to as engineered

nanomaterials, and unintentional, originating from such natural sources as

volcanoes, forest fires and motor vehicle exhausts.3

Despite the great promise they hold, there are concerns over risks posed

by nanotechnology, mainly regarding worker safety, consumer safety and

environmental damage that may be caused by manufacturing, using or ap-

plying nanotechnology-based goods and disposal of waste.4It is therefore

necessary to regulate nanotechnology in order to manage these risks.

At the African regional meeting on implementation of the Strategic Ap-

proach to International Chemicals Management held in Côte d’Ivoire in

2010, participants were concerned that production and use of nanomaterials

in many countries was increasing rapidly despite the lack of adequate data on

human and environmental risks, and national legal/regulatory or global pol-

icy frameworks.5

10 (2013) MLJ VOLUME 7

1 The Royal Society & the Royal Academy of Engineering 'Nanoscience and nanotechnologies:

Opportunities and uncertainties', available at www.nanotec.org.uk (accessed 16 May 2012).

2 CI Buzea & Others ‘Nanomaterials and nanoparticles: Sources and toxicity’ (2007) 2(4)

Biointerphases MR17.

3 G Oberdörster & Others ‘Nanotoxicology: An emerging discipline evolving from studies of

ultrafine particles (2005) 113(7) Environmental Health Perspectives 823.

4 GE Marchant & DJ Sylvester ‘Transnational models for regulation of nanotechnology’ (2006)

Journal of Law, Medicine & Ethics 1.

5 Resolution on nanotechnologies and manufactured nanomaterials by participants in the African