Section He-P 4030.03 - Exemptions, Byproduct Materials Other Than Source Materials(a) Except as provided in He-P 4030.03(i)-(k), or an equivalent regulation of an agreement state, or the Nuclear Regulatory Commission, any person shall be exempt from He-P 4030, He-P 4031 through He-P 4034, He-P 4036, and He-P 4039 to the extent that such person receives, possesses, uses, transfers, owns, or acquires products or materials containing byproduct material in concentrations not in excess of those listed in He-P 4093. This exemption shall not be deemed to authorize the import of byproduct material or products containing byproduct material.(b) No person shall introduce byproduct material into a product or material knowing or having reason to believe that it will be transferred to persons exempt under He-P 4030.03(a) or equivalent regulations of an agreement state, or the Nuclear Regulatory Commission, except in accordance with a license issued pursuant to 10 CFR 32.11. (c) Except for persons who apply byproduct material, or incorporate byproduct material into the following products, or persons who initially transfer for sale or distribution the following products containing byproduct material, any person shall be exempt from this chapter to the extent that such person receives, possesses, uses, transfers, owns, or acquires the following products:(1) Timepieces or hands or dials of timepieces which shall contain not more than the following specified quantities of byproduct material and which shall not exceed the following specified levels of radiation: a. 25 millicuries of tritium per timepiece; b. 5 millicuries of tritium per hand; c. 15 millicuries of tritium per dial to include bezels when used; d. 100 microcuries of promethium 147 per watch or 200 microcuries of promethium 147 per any other timepiece; e. 20 microcuries of promethium 147 per watch hand or 40 microcuries of promethium 147 per other timepiece hand; f. 60 microcuries of promethium 147 per watch dial or 120 microcuries of promethium 147 per other timepiece dial to include bezels when used; g. The levels of radiation from hands and dials containing promethium 147 shall not exceed, when measured through 50 milligrams per square centimeter of absorber: 1. For wrist watches, 0.1 millirad per hour at 10 centimeters from any surface; 2. For pocket watches, 0.1 millirad per hour at 1 centimeter from any surface; and 3. For any other timepiece, 0.2 millirad per hour at 10 centimeters from any surface; andh. 0.037 megabecquerel (1 microcurie) of radium 226 per timepiece in intact timepieces manufactured prior to November 30, 2007; (2) Precision balances containing not more than 1 millicurie of tritium per balance or not more than 0.5 millicurie of tritium per balance part manufactured before December 17, 2007; (3) Marine compasses containing not more than 750 millicuries of tritium gas and other marine navigational instruments containing not more than 250 millicuries of tritium gas manufactured before December 17, 2007; (4) Electron tubes, provided that: a. Each tube shall not contain more than one of the following specified quantities of byproduct material: 1. 150 millicuries of tritium per microwave receiver protector tube or 10 millicuries of tritium per any other electron tube; 2. 1 microcurie of cobalt 60; 3. 5 microcuries of nickel 63; 4. 30 microcuries of krypton 85; 5. 5 microcuries of cesium 137; and 6. 30 microcuries of promethium 147; andb. The level of radiation due to byproduct material contained in each electron tube containing byproduct material shall not exceed 1 millirad per hour at 1 centimeter from any surface when measured through 7 milligrams per square centimeter of absorber;(5) Ionizing radiation measuring instruments containing, for purposes of internal calibration or standardization, one or more sources of byproduct material provided that: a. Each source shall contain no more than one exempt quantity set forth in He-P 4096; b. Each instrument shall contain no more than 10 exempt quantities; c. For purposes of He-P 4030.03(c)(5), an instrument's source(s) may contain either one type or different types of radionuclides, and an individual exempt quantity may be composed of fractional parts of one or more of the exempt quantities in He-P 4096, provided that the sum of such fractions shall not exceed unity; and d. For purposes of He-P 4030.03(c)(5), 0.05 microcurie of americium 241 shall be considered an exempt quantity under He-P 4096;(6) Other radiation producing devices which contain not more than the following specified quantities of radioactive material: a. Static elimination devices which contain, as a sealed source or sources, byproduct material consisting of a total of not more than 18.5 megabecquerels (500 microcuries) of polonium 210 per device; b. Ion generating tubes designed for ionization of air that contain, as a sealed source or sources, byproduct material consisting of a total of not more than 18.5 megabecquerels (500 microcuries) of polonium 210 per device or of a total of not more than 1.85 gigabecquerels (50 millicuries) of hydrogen 3 (tritium) per device; and c. Devices authorized before October 23, 2012 for use under the general license then provided in He-P 4031.04, or the equivalent regulations of agreement states, or Nuclear Regulatory Commission regulations pursuant to 10 CFR 31.3, and which were manufactured, tested, and labeled by the manufacturer in accordance with the specifications in a specific license issued by DHHS/RHS, or an agreement state or the Nuclear Regulatory Commission; or(7) Ionization chamber smoke detectors containing not more than 1 microcurie of americium 241 per detector in the form of a foil and designed to protect life and property from fires.(d) Except for persons who manufacture, process, produce, or initially transfer for sale or distribution, gas and aerosol detectors containing byproduct material, any person shall be exempt from the requirements in He-P 4019, He-P 4020, He-P 4021, He-P 4030 through He-P 4036, and He-P 4039 to the extent that such person receives, possesses, uses, transfers, owns, or acquires: (1) Byproduct material in gas and aerosol detectors designed to protect health, safety, or property, and manufactured, processed, produced, or initially transferred in accordance with a specific license issued under Nuclear Regulatory Commission pursuant to 10 CFR Part 32.26 , which license authorizes the initial transfer of the product for use under 10 CFR 32.26, and a certificate of registration in accordance with 10 CFR 32.210; and (2) Gas and aerosol detectors manufactured or distributed before November 30, 2007, in accordance with a specific license issued by He-P 4032.10 authorizing distribution to persons exempt from regulatory requirements. This exemption shall not apply to any person who desires to manufacture, process, or produce gas and aerosol detectors containing byproduct material, or to initially transfer such products for use under He-P 4030.03(d) after November 30, 2007.(e) Except for persons who manufacture, process, produce, or initially transfer for sale or distribution self-luminous products, any person shall be exempt from these rules to the extent that such person receives, possesses, uses, transfers, owns, or acquires tritium, krypton 85, or promethium 147 in self-luminous products manufactured, processed, produced, or initially transferred in accordance with a specific license issued by the Nuclear Regulatory Commission pursuant to 10 CFR Part 32.22 . This exemption does not apply to tritium, krypton 85, or promethium 147 used in products primarily for frivolous purposes, or in toys, or adornments. (f) Any person who desires to manufacture, process or produce, or initially transfer for sale or distribution, self-luminous products containing tritium, krypton 85, or promethium 147 for use under He-P 4030.03(e), shall apply for a license issued by the Nuclear Regulatory Commission pursuant to 10 CFR Part 32.22, and for a certificate of registration pursuant to 10 CFR Part 32.210. (g) Except as provided in He-P 4030.03(i) and (k), any person shall be exempt from these rules to the extent that such person receives, possesses, uses, transfers, owns, or acquires byproduct material in individual quantities, each of which does not exceed the applicable quantity set forth in He-P 4096. (h) Any person who possesses byproduct material received or acquired before September 25, 1971, under the general license formerly provided in He-P 4031, shall be exempt from the requirements for a license set forth in He-P 4030 through He-P 4034, He-P 4036 and He-P 4039 to the extent that such person possesses, uses, transfers or owns such byproduct material. (i) The provisions of He-P 4030.03(g) and (h) shall not authorize the production, packaging, or repackaging, or transfer of byproduct material for purposes of commercial distribution, or the incorporation of byproduct material into products intended for commercial distribution.(j) No person shall, for purposes of commercial distribution, transfer byproduct material in the individual quantities set forth in He-P 4096, knowing or having reason to believe that such quantities of byproduct material will be transferred to persons exempt under He-P 4030.03(h) or (i) or equivalent regulations of the Nuclear Regulatory Commission, or an agreement state, except in accordance with a specific license issued by the Nuclear Regulatory Commission pursuant to 10 CFR 32.18, or equivalent regulations of an agreement state. (k) For the purpose of producing an increased radiation level, no person shall combine quantities of byproduct material covered by this exemption so that the aggregate quantity exceeds the limits set forth in He-P 4096, except for byproduct material combined within a device placed in use before May 3, 1999, or otherwise permitted by the regulations in He-P 4030. (l) A manufacturer, processor, or producer of a product or material, shall be exempt from the requirements for a license set forth in He-P 4031 through He-P 4036 and He-P 4039 to the extent that the person transfers byproduct material contained in a product or material in concentrations not in excess of those specified in He-P 4093 and introduced in the product or material by a licensee holding a specific license issued by DHHS/RHS expressly authorizing such introduction. This exemption shall not apply to the transfer of byproduct material contained in any food, beverage, cosmetic, drug, or other commodity or product designed for ingestion or inhalation by, or for application to, a human being. (m) Except for persons who manufacture, process, produce, or initially transfer for sale or distribution industrial devices containing byproduct material designed and manufactured for the purpose of detecting, measuring, gauging or controlling thickness, density level, interface location, radiation, leakage or qualitative or quantitative chemical composition, or for producing an ionized atmosphere, any person shall be exempt from the requirements for a license set forth in He-P 4019 through He-P 4024, He-P 4030 through He-P 4036, and He-P 4039, or the requirements of an agreement state and the Nuclear Regulatory Commission in section 81 of the Atomic Energy Act, to the extent that:(1) Such persons receive, possess, use, transfer, own, or acquire byproduct material, in these certain detecting measuring, gauging, or controlling devices, and certain devices for producing an ionized atmosphere, and manufactured, processed, produced or initially transferred in accordance with a specific license issued under He-P 4030.03 or an agreement state, or the Nuclear Regulatory Commission 10 CFR Part 32.30 ; (2) Persons who desire to manufacture, process, produce, or initially transfer for sale or distribution industrial devices containing byproduct material for use under He-P 4030.03(m), shall apply for a license in accordance with the Nuclear Regulatory Commission pursuant to 10 CFR Part 32.30, and for a certificate of registration in accordance with 10 CFR 32.210; and (3) This exemption shall not apply to sources not incorporated into a device, such as calibration and reference sources.N.H. Admin. Code § He-P 4030.03
(See Revision Note at part heading for He-P 4030) #6942, eff 2-1-99; ss by #8800, INTERIM, eff 2-1-07, EXPIRED: 7-31-07
New. #8959, eff 8-7-07
Amended by Volume XXXV, Number 32 Filed August 13, 2015, Proposed by #10896, Effective 7/22/2015, Expires1/18/2016.Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #11006, Effective 1/15/2016, Expires 1/15/2026.Amended by Volume XLII Number 32, Filed August 11, 2022, Proposed by #13421, Effective 7/29/2022, Expires 7/29/2032.