6 Colo. Code Regs. § 1007-1-3.3
Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-1-3.3 - Exemption Of Radioactive Material Other Than Source Material3.3.1 Exempt Concentrations. 3.3.1.1 Except as provided in 3.3.1.2, any person is exempt from this part to the extent that such person receives, possesses, uses, transfers, or acquires products containing radioactive material introduced in concentrations not in excess of those listed in Schedule 3A. (1) A manufacturer, processor, or producer that transfers a product or material is exempt so long as concentrations less than those listed in schedule 3A were introduced under an NRC license so authorizing.(2) Transfer of radioactive material contained in any food, beverage, cosmetic, drug, or other commodity or product designed for ingestion or inhalation by, or application to, a human being, is not exempt under 3.3.1.1(1).3.3.1.2 No person may introduce radioactive material into a product or material knowing or having reason to believe that it will be transferred to persons exempt under 3.3.1.1 or equivalent regulations of NRC or any Agreement State, except in accordance with a specific license issued consistent with 3.12.1 or the general license provided in 3.24.3.3.2 Exempt Quantities.3.3.2.1 Except as provided in 3.3.2.3 and 3.3.2.4, any person is exempt from these regulations to the extent that such person receives, possesses, uses, transfers, owns, or acquires radioactive material in individual quantities each of which does not exceed the applicable quantity set forth in Schedule 3B.3.3.2.2 Any person who possesses radioactive material received or acquired under the general license formerly provided under 10 CFR Part 31.4 before September 25, 1971 is exempt from the requirements for a license set forth in this part to the extent that such person possesses, uses, transfers or owns such radioactive material. 3.3.2.3 Section 3.3.2 does not authorize the production, packaging or repackaging of radioactive material for purposes of commercial distribution, or the incorporation of radioactive material into products intended for commercial distribution.3.3.2.4 No person may, for purposes of commercial distribution, transfer radioactive material in the individual quantities set forth in Schedule 3B, knowing or having reason to believe that such quantities of radioactive material will be transferred to persons exempt under 3.3.2 or equivalent regulations of NRC or any Agreement State except in accordance with a specific license issued by NRC pursuant to Section 32.18 of 10 CFR Part 32 , which license states that the radioactive material may be transferred by the licensee to persons exempt under 3.3.2 or the equivalent regulations of NRC or an Agreement State.11 Authority to transfer possession or control by the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing byproduct material whose subsequent possession, use, transfer, and disposal by all other persons are exempted from regulatory requirements may be obtained only from the U.S. Nuclear Regulatory Commission, Washington, D.C. 20555.
3.3.2.5 No person may, for purposes of producing an increased radiation level, combine quantities of radioactive material covered by this exemption so that the aggregate quantity exceeds the limits set forth in Schedule 3B, except for a device placed in use before May 3, 1999, or as otherwise permitted by these regulations. 3.3.3 Exempt Items. 3.3.3.1 Any person is exempt from this part to the extent that such person receives, possesses, uses, or transfers an item containing radioactive material which is listed in Schedule 3C, Sections 3C.11 through 3C.14.Colorado Register, Vol 37, No. 14. July 25, 2014, effective 8/14/201438 CR 02, January 25, 2015, effective 2/14/201538 CR 05, March 10, 2015, effective 3/30/201538 CR 12, June 25, 2015, effective 7/15/201538 CR 14, July 25, 2015, effective 8/14/201539 CR 02, January 25, 2016, effective 2/14/201639 CR 16, August 25, 2016, effective 9/14/201639 CR 22, November 25, 2016, effective 12/15/201640 CR 11, June 10, 2017, effective 6/30/201740 CR 20, October 25, 2017, effective 11/14/201742 CR 24, December 25, 2019, effective 1/14/202043 CR 14, July 25, 2020, effective 8/14/202043 CR 18, September 25, 2020, effective 10/15/202044 CR 11, June 10, 2021, effective 7/15/202144 CR 14, July 25, 2021, effective 8/14/202145 CR 22, November 25, 2022, effective 12/15/202246 CR 21, November 10, 2023, effective 12/15/2023