---
kind: "section"
citation: "21 U.S.C. § 399e"
title: "21"
title_heading: "Food and Drugs"
number: "399e"
heading: "Nanotechnology"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/21/399e"
units:
  - "Chapter 9 — Federal Food, Drug, and Cosmetic Act"
  - "Subchapter X — Miscellaneous"
---

# §399e. Nanotechnology

- (a) **In general—** The [Secretary](/usc/21/321.md?p=d) of Health and Human Services (referred to in this section as the “[Secretary](/usc/21/321.md?p=d)”) shall intensify and expand activities related to enhancing scientific knowledge regarding nanomaterials included or intended for inclusion in [products](/usc/21/360eee.md?p=13) regulated under the Federal [Food](/usc/21/321.md?p=f), [Drug](/usc/21/321.md?p=g-1), and Cosmetic Act ([21 U.S.C. 301](/usc/21/301.md) et seq.) or other statutes administered by the [Food](/usc/21/321.md?p=f) and [Drug](/usc/21/321.md?p=g-1) Administration, to address issues relevant to the regulation of those [products](/usc/21/360eee.md?p=13), including the potential toxicology of such nanomaterials, the potential benefit of new therapies derived from nanotechnology, the effects of such nanomaterials on biological systems, and the interaction of such nanomaterials with biological systems.
- (b) **Activities—** In conducting activities related to nanotechnology, the [Secretary](/usc/21/321.md?p=d) may—
  - (1) assess scientific literature and data on general nanomaterials interactions with biological systems and on specific nanomaterials of concern to the [Food](/usc/21/321.md?p=f) and [Drug](/usc/21/321.md?p=g-1) Administration;
  - (2) in cooperation with other Federal agencies, develop and organize information using databases and models that will facilitate the identification of generalized principles and characteristics regarding the behavior of classes of nanomaterials with biological systems;
  - (3) promote [Food](/usc/21/321.md?p=f) and [Drug](/usc/21/321.md?p=g-1) Administration programs and participate in collaborative efforts, to further the understanding of the science of novel properties of nanomaterials that might contribute to toxicity;
  - (4) promote and participate in collaborative efforts to further the understanding of measurement and detection methods for nanomaterials;
  - (5) collect, synthesize, interpret, and disseminate scientific information and data related to the interactions of nanomaterials with biological systems;
  - (6) build scientific expertise on nanomaterials within the [Food](/usc/21/321.md?p=f) and [Drug](/usc/21/321.md?p=g-1) Administration, including field and laboratory expertise, for monitoring the production and presence of nanomaterials in domestic and imported [products](/usc/21/360eee.md?p=13) regulated under this Act;
  - (7) ensure ongoing training, as well as dissemination of new information within the centers of the [Food](/usc/21/321.md?p=f) and [Drug](/usc/21/321.md?p=g-1) Administration, and more broadly across the [Food](/usc/21/321.md?p=f) and [Drug](/usc/21/321.md?p=g-1) Administration, to ensure timely, informed consideration of the most current science pertaining to nanomaterials;
  - (8) encourage the [Food](/usc/21/321.md?p=f) and [Drug](/usc/21/321.md?p=g-1) Administration to participate in international and national consensus standards activities pertaining to nanomaterials; and
  - (9) carry out other activities that the [Secretary](/usc/21/321.md?p=d) determines are necessary and consistent with the purposes described in paragraphs [(1)](#b-1) through [(8)](#b-8).

## Source credit

(Pub. L. 112–144, title XI, § 1126, July 9, 2012, 126 Stat. 1116.)

## Notes

### Editorial Notes

### References in Text

The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (a), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to this chapter. For complete classification of this Act to the Code, see section 301 of this title and Tables.

This Act, referred to in subsec. (b)(6), is Pub. L. 112–144, July 9, 2012, 126 Stat. 993, known as the Food and Drug Administration Safety and Innovation Act. For complete classification of this Act to the Code, see Tables.

### Codification

Section was enacted as part of the Food and Drug Administration Safety and Innovation Act, and not as part of the Federal Food, Drug, and Cosmetic Act which comprises this chapter.