A couple weeks ago, I was asked to write a short article/blog post on emerging regulatory issues affecting biopolymers.  The complete post can be found here.

It is fascinating to think that so many forces are at play in our world.  Think about the concept of biopolymers — plastics and polymers engineered from natural or biological organisms and bi-products.  Start with the argument that petrochemical feedstocks (the building blocks of plastics) are in short supply and harmful to the environment.  The logical next step?  Let’s make plastics from plant or animal feedstocks.

But, what about the fact that in order to get yields in corn or soybeans (building blocks for biopolymers) we may need to genetically engineer these crops?  Or what about the fact that these GMO feedstocks could get into the food supply?  Or do we know if bio-based products are actually a better way to go versus recycling?

It is complicated and there aren’t easy answers.  That’s why I think it is important to think carefully before claiming a new technology or process is the solution to what ills us… we aren’t sure exactly what it is that ills us yet.  Which is part of the problem.

Here is a quote from that post regarding where genetically modified organism (GMO) regulations and biopolymers are already intersecting.  And I would say look for additional intersections soon.

“Below are a few recent examples of GMO regulations and biopolymers intersecting:

* Growing use of genetically modified seeds. According to estimates by Banc of America Securities LLC, over 100 million hectares were planted with genetically modified seeds in 2006, a more than tenfold increase in just the past ten years. So you might ask: How does this impact the biopolymers sector? What about those producers of Polylactide acid (PLA) or other biopolymers or bioplastics using natural feedstock? For example, PLA is the popular transparent plastic produced from cane sugar or corn starch. As the prices for PLA-feedstocks such as corn and sugarcane continue to increase, so too will the considerations to utilize genetically modified seeds.
* Consumer/retail choice in GMO-free products. UK retailer Sainsbury’s recently announced it will not use any bioplastic in its stores unless they can be certified to be GMO-free. As a producer of bioplastics or biopolymers, can you be certain that your product is GMO-free? As an end-user of bioplastics or biopolymers, can you be certain that your supplier is GMO-free?
* The risks of GMO-related litigation. Sure, I’m a lawyer, so I’ve got to bring up the legal risks. So what are these legal risks and what are the chances they could affect my business? Unfortunately, due to the relative youth of the biopolymer industry, we just don’t know. But one thing you can be sure of - any player in the biopolymers and bioplastics space should be aware of the company’s practices involving GMOs. The response “We didn’t really think about that” won’t get you very far….
* Migration of GMO-related chemicals or polymers. Scientists from Rutgers are starting trials to see if a genetically modified form of the bacteria E. coli could be used to make succinate, a key ingredient of many plastics, drugs, solvents and food additives. What is the impact of migration of these biopolymers into the food stream? What is the impact of biopolymers when they come into contact with food products?
* Unintended consequences. A teenager identified a set of microbes that are able to decompose plastics, more specifically polystyrene and polyethelene. The potential for improving biodegradability of various polymers is a large step, but what about the impact of enhanced versions of these microbes released into the soil on various plastic products such as pipes, agricultural equipment, building materials?”

Check out the full post at www.biopolymersummit.com.  And if you’d like to learn more about biopolymer regulations or the industry in general, attend the conference or contact me with questions.