Just revving up the blogmobile to see if she'll start cold after sitting unused in the driveway for so long. I'll start with an easy one.
Well, yes, of course it should regulate nanosilver, just as it regulates macroscale silver as anti-microbial agents in products such as pesticides. This falls under the category of "no new regulation needed for nanotech," since this regulation already exists.
The problem here is that silver, whether nanoscale or macroscale, is still clunky old technology that -- standing alone -- cannot be controlled very well since it kills good (or unintended) microbes as well as bad. To me, that ain't nanotech. That's nanoscale stuff being sprinkled into products.
There are, however, real efforts (random one here) being made to create polymers (nano and not) with safe antimicrobial properties. That's the spirit of nanotech. Engineer in the good and engineer out the bad, then let those little buggers loose.
Update: I wonder would I should do now with my SoleFresh NanoSocks? I have been told, in the past, that my footwear could be considered toxic waste, but now it appears that this otherwise subjective opinion could get me into trouble with the EPA.