Abstract

This article examines four regulatory challenges of nanofood labelling from the domestic context namely, scientific uncertainties shrouded the tiny particles, absence of a harmonised legal definition, detection issue of nanomaterials in a final product, and complexity in implementation and enforcement. This article also offers discussion on the possible ways to overcome these challenges. It establishes that mandatory labelling can be implemented within Malaysia food regulatory framework. It can be done by narrowing the labelling requirement to food with engineered nanomaterials (ENMs), adopting the precautionary principle, clarify the legal definition of ENMs for food law, robust techniques to detect, measure, and characterize diverse ENMs in food matrices, and strengthen the enforcement institutions. Importantly, this study hopes to significantly contribute to improving the legal provisions on food information system for a product of emerging technology such as nanofood by pushing forward the legal requirement for nanofood labelling.

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