Or. Admin. Code § 333-102-0025

Current through Register Vol. 63, No. 10, October 1, 2024

Section 333-102-0025 - Gas and Aerosol Detectors Containing Radioactive Material

(1) Except for persons who manufacture, process, produce or initially transfer for sale or distribution gas and aerosol detectors containing byproduct material, any person is exempt from the requirements for a license and from the rules in this division and in divisions 105, 113, 115, 116, 117, 120, and 121 of this chapter to the extent that such person receives, possesses, uses, transfers, owns or acquires 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 by the U.S. Nuclear Regulatory Commission pursuant to 10 CFR Parts 32.26 of; or a Licensing State pursuant to OAR 333-102-0260, which authorizes the initial transfer of the product for use under this rule. This exemption also covers gas and aerosol detectors manufactured or distributed before November 30, 2007 in accordance with a specific license issued by a state under comparable provisions to OAR 333-102-0260 authorizing distribution to persons who are exempt from regulatory requirements.

(2) Any person who desires to manufacture, process, or produce gas and aerosol detectors containing byproduct materials, or to initially transfer such products for use under section (1) of this rule shall apply for a license under OAR 333-102-0260 and for a certificate of registration in accordance with 10 CFR Part 32.210 .

(3) Gas and aerosol detectors containing NARM previously manufactured and distributed in accordance with a specific license issued by a Licensing State must be considered exempt under section (1) of this rule, provided that the device is labeled in accordance with the specific license authorizing distribution and provided further that they meet the requirements of OAR 333-102-0260.

Or. Admin. Code § 333-102-0025

PH 19-2015, f. 9-30-15, cert. ef. 10/1/2015

Publications: Publications referenced are available from the agency.

Stat. Auth.: ORS 453.635, 453.665

Stats. Implemented: ORS 453.605 - 453.807