The EU's soft reaction to nanotechnology regulation in the food sector

Over 10 years ago the European Commission started to approach the regulatory challenges posed by nanotechnologies. Nowadays, however, a certain and adequate regulatory framework seems still to be lacking. After a brief overview on the evolution of the EU's regulatory approach on nanotechnologies, with the aim to highlight the uncertainties which still persist as regards the definition of "nanomaterial", this article will illustrate the EU regulatory framework for nanotechnology-based products and applications in the food sector. The analysis, signally, will focus on the increasing reliance within the European Union on regulatory instruments such as soft law and secondary legislation enacted by the European Commission. The use of these forms of "soft" regulation seems to represent both one of the most relevant features and a weakness of the EU regulatory framework on nanotechnologies, resulting in wider concerns about the quest for legitimacy in the EU decision-making