Dear Silver List,

Here are some links to websites on this issue. The CTA and FOE (Center for 
Technology Assessment and Friends of the Earth) are making a big issue over 
Nano Technology.)

However, in the case of the CTA the Nano Technology is only Silver, and the hit 
list contains a number of bottle Colloidal Silvers including Sovereign Silver 
and Meso Silver among Silver Socks and Cosmetics, etc.  

I do not think that your generators would be confiscated, nor will there be 
door to door searches.  However, if you have any plans of purchasing additional 
Colloidal Silver Generators after the EPA ruling you may be disappointed. The 
Colloidal Silver Generator may go the way of the Rife Machine. It is illegal to 
purchase a Rife Machine in California.

For those who inquired about not finding information on the EPA website, the 
federal government generally does not list lawsuits against them. 
 There are a number of pages at the EPA about Nano Silver and pesticides:

http://www.epa.gov/pesticides/about/intheworks/nanotechnology.htm

"Any product containing silver – in any form – that makes claims to control 
pests (kills bacteria or fungi, my addition) must first be evaluated and 
registered by EPA to ensure it meets the FIFRA human health and environmental 
safety standards before it can be distributed or sold."

http://epa.gov/oppt/nano/

EPA is actively participating in the Working Party and contributes to all of 
the projects. Of particular relevance to the in-depth portion of the Agency's 
Nanoscale Materials Stewardship Program (NMSP) is the project on Safety Testing 
of a Representative Set of Manufactured Nanomaterials. The WPMN has identified 
a representative list of manufactured nanoscale materials for environmental 
health and safety testing, including: silver nanoparticles

The WPMN has also published a list of testing endpoints in the following 
areas:
nanomaterial information/identification 
physical-chemical properties 
material characterization 
environmental fate 
environmental toxicology 
mammalian toxicology 
material safety

You will find in the links below that the CTA website www.nanoaction.org states 
that the petition (suit) against the EPA started in May 2008.

The CTA action states Nano technology but their focus is nano silver which 
includes Colloidal Silver.  The EPA has until March 2009 to make its ruling.

Quick background

The EPA using the The Federal Insecticide, Fungicide, and Rodenticide Act (or 
FIFRA) of 1947,  ruled that Silver particles are a pesticide using the the 
definition of antimicrobials contain with that act. They have also ruled that 
Colloidal Silver Generators which produce Silver Ions and is listed for sale as 
producing a substance capable of killing microbes is also a "pesticide" in 
essence, "nano silver pesticide devices." The EPA ruled over they had 
jurisdiction to regulate Sammsung Washing Machine that incorporated a small 
Generator to add Silver Ions to kill bacteria in the wash water. More recently 
they had issues with a computer company and its claims of nano silver (I can't 
recall if it was silver on the keyboard.)

Not to be outdone, the Friends of the Earth (FOE) is circulating petitions to 
the FDA for the removal nanotechnology in cosmetics, as well.  

The size range for nanotechnology is definitely
 in the Colloidal Range.

http://nanotech.lawbc.com/2008/05/articles/legalregulatory-issues/ictaled-coalition-petitions-for-fifra-regulation-of-nanoscale-silver-products/
ICTA-Led Coalition Petitions for FIFRA Regulation of Nanoscale Silver Products 
Posted on May 7, 2008 by Lynn L. Bergeson 
On May 1, 2008, the International Center for 
Technology Assessment (ICTA), together with 13 other consumer, health, and 
environmental groups, filed a petition 
with the U.S. Environmental Protection Agency (EPA) demanding that EPA regulate 
as pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA), and that it take additional actions under FIFRA and other 
environmental statutes concerning, consumer products containing nanoscale 
silver. ICTA also released an inventory 
(http://icta.org/nanoaction/doc/CTA%20Petition%20Appendix%20A_nano-silver_product_inventory.pdf)
 of the nano silver-containing consumer products referenced in the 
petition. 

The petition contends that nano silver is “the most commonly used 
nanomaterial in consumer products and the fastest growing sector of 
nanomaterial commercialization,” and that most companies “market 
their nano-silver products [by] putting emphasis on the nano-silver ingredient, 
touting its antimicrobial and antibacterial qualities . . . .” The petition 
states that “research has mounted to indicate that nano-silver materials pose 
serious 
risks to human health and the environment.” In support of the petition, the 
ICTA-led coalition pointed to, inter alia, EPA Region 9’s recent FIFRA 
enforcement settlement with a California company, IOGEAR, that had been making 
antimicrobial claims for the nano silver coating on computer accessories it was 
marketing.
The petition requests that EPA take the following actions:
Clarify that nano silver and 
products containing it are pesticides requiring registration under FIFRA; 

Classify nanomaterial pesticides such 
as nano silver as new pesticides [i.e., new active ingredients] 
that require new registrations, with nano-specific toxicity testing and risk 
assessment; 
Assess the potential human 
health and environmental risks of nano silver under FIFRA, the Food Quality 
Protection Act, the Endangered Species Act, and the National Environmental 
Policy Act; 
Take immediate action, including the issuance of 
Stop Sale, Use, or Removal Orders, to halt the sale of nano silver products 
with 
unapproved antimicrobial claims; 
Fully apply all FIFRA regulations in the event EPA 
registers any nano silver products; and 
Utilize its FIFRA authority to 
further review the potential human health and environmental impacts of nano 
silver, including undertaking either a classification review or a Special 
Review, amending the FIFRA regulations to require as part of a registration 
application the submission of nanomaterial and/or nano silver-specific data, 
undertaking a registration review of existing bulk silver registrations, 
regulating nano silver pesticide devices, and establishing a tolerance for nano 
silver under the Federal Food, Drug, and Cosmetic Act.
"Regulating nano silver pesticide devices" translates regulating Colloidal 
Silver Generators.

http://www.icta.org/nanoaction/doc/CTA_nano-silver_press_release_5_1_08.pdf


http://www.nwrage.org/index.php?name=News&file=article&sid=2208

http://www.nanoaction.org/detail/news.cfm?news_id=205&id=244

http://www.newmediaexplorer.org/sepp/2006/12/07/nano_silver_kills_microbes_epa_up_in_arms.htm

http://www.icta.org/nanotech/index.cfm

http://www.foe.org/camps/comm/nanotech

http://www.nanotechproject.org/file_download/files/PEN2_MngEffects.pdf

http://icta.org/nanoaction/doc/CTA%20Petition%20Appendix%20A_nano-silver_product_inventory.pdf


Steve Foss





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