Section 30181 - Products Containing and Quantities of Source Material(a) A person is exempt from the requirements for a license specified in section 30190 and sections 30191 through 30237, and from Group 3 of this subchapter, to the extent that such person receives, possesses, uses, transfers or delivers source material in any chemical mixture, compound, solution, or alloy in which the source material is by weight less than one-twentieth of one percent (0.05 percent) of the mixture, compound, solution or alloy.(b) A person is exempt from the requirements for a license specified in section 30190 and sections 30191 through 30237, and from Group 3 of this subchapter, to the extent that such person receives, possesses, uses, or transfers unrefined and unprocessed ore containing source material, provided that, except as authorized in a specific license, such person shall not refine or process such ore. "Unrefined and unprocessed ore" means ore in its natural form prior to any processing, such as grinding, roasting or beneficiating, or refining. Processing does not include sieving or encapsulation of ore or preparation of samples for laboratory analysis.(c) Subject to subsection (g), a person is exempt from the requirements for a license specified in section 30190 and sections 30191 through 30237, and from Group 3 of this subchapter, to the extent that such person receives, possesses, uses, or transfers: (1) Any quantities of thorium contained in: (A) Incandescent gas mantles;(D) Electric lamps for illuminating purposes, provided that each lamp does not contain more than 50 milligrams of thorium;(E) Germicidal lamps, sunlamps, and lamps for outdoor or industrial lighting, provided that each lamp does not contain more than two grams of thorium;(F) Rare earth metals, compounds, mixtures, or products, provided the metal, compound, mixture or product does not contain more than 0.25 percent by weight of thorium or uranium, any combination of these; or(G) Personnel neutron dosimeters, provided that each dosimeter does not contain more than 50 milligrams of thorium.(2) Source material contained in the following products:(A) Glazed ceramic tableware manufactured before August 27, 2013, provided that the glaze contains not more than 20 percent by weight source material;(B) Piezoelectric ceramic containing not more than 2 percent by weight source material;(C) Glassware containing not more than two percent by weight source material, or for glassware manufactured before August 27, 2013, 10 percent by weight source material, but not including commercially manufactured glass brick, pane glass, ceramic tile, or other glass or ceramic used in construction;(D) Glass enamel or glass enamel frit containing not more than 10 percent by weight source material imported or ordered for importation into the United States, or initially distributed by manufacturers in the United States, before July 25, 1983.(3) Photographic film, negatives, and prints containing uranium or thorium.(4) Any finished product or part fabricated of, or containing tungsten or magnesium-thorium alloys, provided that the thorium content of the alloy does not exceed 4 percent by weight. The exemption contained in this subparagraph shall not be deemed to authorize the chemical, physical or metallurgical treatment or processing of any such product or part.(5) Subject to subsection (d), counterweights which contain uranium and which are installed in aircraft, rockets, projectiles, and missiles, or stored or handled in connection with installation or removal of such counterweights, provided that the following requirements are met:(A) Each counterweight has been impressed with the following legend clearly legible through any plating or other covering: "Depleted Uranium";(B) Each counterweight is durably and legibly labeled or marked with the identification of the manufacturer, and the statement: "Unauthorized Alterations Prohibited"; and(C) The requirements specified in paragraphs (A) and (B) need not be met by counterweights manufactured prior to December 31, 1969, provided that such counterweights were manufactured under a specific license issued by the Atomic Energy Commission and were impressed with the legend required pursuant to section 40.13(c)(5)(ii) in title 10, Code of Federal Regulations, Part 40 ( 10 CFR 40) in effect on June 30, 1969.(6) A shipping container, or part thereof, containing uranium, whether or not depleted, provided that: (A) The shipping container is conspicuously and legibly impressed with the legend: "CAUTION--RADIOACTIVE SHIELDING--URANIUM"; and(B) The uranium metal is encased in mild steel or equally fire resistant metal of minimum wall thickness of one-eighth inch (3.2 mm);(7) Subject to subsection (e), finished optical lenses and mirrors containing thorium or uranium, provided that each lens or mirror does not contain more than 10 percent by weight thorium or uranium, or for lenses manufactured before August 27, 2013, 30 percent by weight of thorium.(8) Any finished aircraft engine part containing thorium in a nickel-thoria alloy, provided that: (A) The thorium is dispersed in the nickel-thoria alloy in the form of finely divided thoria (thorium dioxide); and(B) The thorium content in the nickel-thoria alloy does not exceed four percent by weight.(d) The exemption contained in subsection (c)(5) shall not be deemed to authorize the chemical, physical, or metallurgical treatment or processing of any such counterweights, other than the repair or restoration of any plating or other covering.(e) The exemption contained in subsection (c)(7) shall not be deemed to authorize either: (1) The shaping, grinding or polishing of such lens or mirrors or manufacturing processes, other than the assembly of such lens or mirrors into optical systems and devices without any alteration of the lens or mirrors; or(2) The receipt, possession, use, or transfer, of thorium contained in contact lenses, or in spectacles, or in eyepieces in binoculars or other optical instruments.(f) The exemptions in subsection (c) do not authorize the manufacture of any of the products described therein.(g) Except as provided in paragraphs (1) and (2), a person may not initially transfer for sale or distribution a product containing source material to persons exempt under subsection (c), or equivalent Nuclear Regulatory Commission (NRC) or Agreement State provisions, unless authorized by a specific license issued by the NRC under 10 CFR 40.52 to initially transfer such products for sale or distribution. Nothing in this subsection may be construed to incorporate by reference 10 CFR 40.52. (1) Persons initially distributing source material in products specified in subsection (c), without a specific license issued by the NRC under 10 CFR 40.52 before October 1, 2019 may continue such distributions for one year beyond this date. These initial distributions may be continued until the NRC takes final action on a pending application, for a specific license or amendment authorizing distribution, submitted no later than one year beyond this date.(2) Persons approved by the Department under section 30194 to manufacture, process, or produce, for sale or distribution any product specified in subsection (c) shall also be authorized by a specific license issued by NRC under 10 CFR 40.52 to distribute these products.Cal. Code Regs. Tit. 17, § 30181
1. New section filed 12-30-2014; operative 4-1-2015 (Register 2015, No. 1). For prior history, see Register 86, No. 28.
2. Amendment filed 8-7-2019; operative 10-1-2019 (Register 2019, No. 32). Note: Authority cited: Sections 114975, 115000 and 131200, Health and Safety Code. Reference: Sections 114965, 114970, 115000, 115060, 115165, 115230, 115235, 131050, 131051 and 131052, Health and Safety Code.
1. New section filed 12-30-2014; operative 4/1/2015 (Register 2015, No. 1). For prior history, see Register 86, No. 28.
2. Amendment filed 8-7-2019; operative 10/1/2019 (Register 2019, No. 32).