OAR 333-102-0005
Exemptions: Unimportant Quantities of Source Material

(1)

Any person is exempt from this division to the extent that such person receives, possesses, uses, owns or transfers source material in any chemical mixture, compound, solution or alloy in which the source material is by weight less than 1⁄20 of one percent (0.05 percent) of the mixture, compound, solution or alloy.

(2)

Any person is exempt from this division 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 must not refine or process such ore.

(3)

Any person is exempt from this division and divisions 111 and 120 to the extent that such person receives, possesses, uses or transfers:

(a)

Any quantities of thorium contained in:

(A)

Incandescent gas mantles;

(B)

Vacuum tubes;

(C)

Welding rods;

(D)

Electric lamps for illuminating purposes provided that each lamp does not contain more than 50 milligrams of thorium;

(E)

Germicidal lamps, sun lamps and lamps for outdoor or industrial lighting provided that each lamp does not contain more than two grams of thorium;

(F)

Rare earth metals and compounds, mixtures and products containing not more than 0.25 percent by weight thorium, uranium or any combination of these; or

(G)

Personnel neutron dosimeters, provided that each dosimeter does not contain more than 50 milligrams of thorium.

(b)

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 two percent by weight source material;

(C)

Glassware containing more than two percent by weight source material or, for glassware manufactured before August 27, 2013, not more than ten percent by weight source material; but not including commercially manufactured glass brick, pane glass, ceramic tile or other glass or ceramic used in construction; or

(D)

Glass enamel or glass enamel frit containing not more than ten 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.

(c)

Photographic film, negatives and prints containing uranium or thorium;

(d)

Any finished product or part fabricated of, or containing tungsten-thorium or magnesium-thorium alloys, provided that the thorium content of the alloy does not exceed four percent by weight and that this exemption must not be deemed to authorize the chemical, physical or metallurgical treatment or processing of any such product or part;

(e)

Uranium contained in counterweights installed in aircraft, rockets, projectiles and missiles or stored or handled in connection with installation or removal of such counterweights, provided that:

(A)

Each counterweight has been impressed with the following legend clearly legible through any plating or other covering: “DEPLETED URANIUM”;
NOTE: The requirements specified in paragraphs (3)(e)(A) and (3)(e)(B) of this rule 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 are impressed with the legend required by paragraph (3)(e)(B) of this rule in effect on June 30, 1969.

(B)

Each counterweight is durably and legibly labeled or marked with the identification of the manufacturer and the statement: “UNAUTHORIZED ALTERATIONS PROHIBITED”; and

(C)

This exemption must not be deemed to authorize the chemical, physical or metallurgical treatment or processing of any such counterweights other than repair or restoration of any plating or other covering.

(f)

Natural or depleted uranium metal used as shielding constituting part of any shipping container, 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 1⁄8 inch (3.2 mm).

(g)

Thorium or uranium contained in or on finished optical lenses and mirrors, provided that each lens does not contain more than 10 percent by weight of thorium or uranium or, for lenses manufactured before August 27, 2013, 30 percent by weight of thorium; and that this exemption must not be deemed to authorize either:

(A)

The shaping, grinding or polishing of such lens or mirrors or manufacturing processes other than the assembly of such lens or mirror into optical systems and devices without any alteration of the lens or mirror; or

(B)

The receipt, possession, use or transfer of uranium or thorium contained in contact lenses, or in spectacles, or in eyepieces in binoculars or other optical instruments.

(h)

Thorium contained in any finished aircraft engine part containing 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.

(4)

The exemptions in section (3) of this rule do not authorize the manufacture of any of the products described.

(5)

No person may initially transfer for sale or distribution a product containing source material to persons exempt under this rule, U.S. Nuclear Regulatory Commission or equivalent regulations of an Agreement State, unless authorized by a license issued under OAR 333-102-0300 (Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Issuance of Specific Licenses) and 333-102-0305 (Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Specific Terms and Conditions of License) to initially transfer such products for sale or distribution.

(a)

Persons initially distributing source material in products covered by the exemptions in this rule before August 27, 2013, without specific authorization may continue such distribution for one year beyond this date. Initial distribution may also be continued until the Authority takes final action on a pending application for license or license amendment to specifically authorize distribution submitted no later than one year beyond this date.

(b)

Persons authorized to manufacture, process, or produce these materials or products containing source material by an Agreement State, and persons who import finished products or parts, for sale or distribution must be authorized by a license issued under OAR 333-102-0300 (Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Issuance of Specific Licenses) and 333-102-0305 (Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Specific Terms and Conditions of License) for distribution only and are exempt from the requirements of divisions 111 and 120 of this chapter, and OAR 333-102-0200 (General Licenses — Radioactive Material Other than Source Material: General Requirements for the Issuance of Specific Licenses)(2) and (3).
[Publications: Publications referenced are available from the agency.]

Source: Rule 333-102-0005 — Exemptions: Unimportant Quantities of Source Material, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-102-0005.

333‑102‑0001
Purpose and Scope 333‑102‑0005
Exemptions: Unimportant Quantities of Source Material 333‑102‑0010
Exemptions — Radioactive Material Other than Source Material: Exempt Concentrations 333‑102‑0015
Exemptions: Certain Items Containing Radioactive Material 333‑102‑0025
Exemptions: Gas and Aerosol Detectors Containing Byproduct Material 333‑102‑0030
Exemptions: Self-Luminous Products Containing Tritium, Krypton-85, or Promethium-147 333‑102‑0032
Exemptions: Self Luminous Products and Sources Containing Radium-226 333‑102‑0033
Exemptions: Certain Industrial Devices 333‑102‑0035
Exemptions: Exempt Quantities 333‑102‑0040
Exemptions: In Vivo Testing in Humans for H. Pylori Using Carbon-14 Labeled Urea 333‑102‑0075
Licenses: Types of Licenses 333‑102‑0101
General Licenses — Small Quantities of Source Material 333‑102‑0102
General Licenses — Requirements for License to Initially Transfer Source Material for Use Under the Small Quantities of Source Materials General License 333‑102‑0104
General Licenses — Conditions of Licenses to Initially Transfer Source Material for Use Under the ’Small Quantities of Source Material’ General License: Quality Control, Labeling, Safety Instructions, and Records and Reports 333‑102‑0106
General Licenses — Depleted Uranium in Industrial Products and Devices 333‑102‑0110
General Licenses — Radioactive Material Other than Source Material: Luminous Safety Devices for Aircraft 333‑102‑0115
General Licenses — Radioactive Material Other than Source Material: Certain Measuring, Gauging and Controlling Devices 333‑102‑0120
General Licenses — Radioactive Material Other than Source Material: Ownership of Radioactive Material 333‑102‑0125
General Licenses — Radioactive Material Other than Source Material: Calibration and Reference Sources 333‑102‑0130
General Licenses — Radioactive Material Other than Source Material: General License for Use of Radioactive Material for Certain In Vitro Clinical or Laboratory Testing 333‑102‑0135
General Licenses — Radioactive Material Other than Source Material: Ice Detection Devices 333‑102‑0190
General Licenses — Radioactive Material Other than Source Material: Application for Specific Licenses 333‑102‑0200
General Licenses — Radioactive Material Other than Source Material: General Requirements for the Issuance of Specific Licenses 333‑102‑0203
General Licenses — Radioactive Material Other than Source Material: Definitions 333‑102‑0235
General Licenses — Radioactive Material Other than Source Material: Requirements for License to Manufacture, or Initially Transfer Radioactive Material Contained in Devices Granted a General License Under OAR 333-102-0115 333‑102‑0245
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Introduction of Radioactive Material in Exempt Concentrations into Products or Materials, and Transfer of Ownership or Possession: Requirements for License 333‑102‑0247
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Records and Material Transfer Reports 333‑102‑0250
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Manufacture and Distribution of Radioactive Material for Certain In Vitro Clinical or Laboratory Testing Under a General License 333‑102‑0255
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Licensing the Distribution of Radioactive Material in Exempt Quantities 333‑102‑0260
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Licensing the Incorporation of Naturally Occurring and Accelerator-Produced Radioactive Material into Gas and Aerosol Detectors 333‑102‑0265
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Special Requirements for the Manufacture, Assembly or Repair of Luminous Safety Devices for Use in Aircraft 333‑102‑0270
Special Requirements for License to Manufacture Calibration Sources Containing Americium-241, Plutonium or Radium-226 for Distribution to Persons Granted a General License by OAR 333-102-0125 333‑102‑0275
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Licensing the Manufacture and Distribution of Ice Detection Devices 333‑102‑0285
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Manufacture, Preparation, or Transfer for Commercial Distribution of Radiopharmaceutical Drugs Containing Byproduct Material for Medical Use Under Division 116 333‑102‑0290
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Manufacture and Distribution of Sources or Devices Containing Byproduct Material for Medical Use 333‑102‑0293
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Requirements for License to Manufacture and Distribute Industrial Products Containing Depleted Uranium for Mass-Volume Applications 333‑102‑0297
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Sealed Source or Device Evaluation 333‑102‑0300
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Issuance of Specific Licenses 333‑102‑0305
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Specific Terms and Conditions of License 333‑102‑0310
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Expiration and Termination of Licenses and Decommissioning of Sites and Separate Buildings or Outdoor Areas 333‑102‑0315
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Application for Renewal of Licenses 333‑102‑0320
Amendment of Licenses at Request of Licensee 333‑102‑0325
Authority Action on Applications to Renew and Amend 333‑102‑0327
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Specifically Licensed Items — Registration of Product Information 333‑102‑0330
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Transfer of Material 333‑102‑0335
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Modification, Revocation and Termination of Licenses 333‑102‑0340
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Reciprocal Recognition of Licenses 333‑102‑0345
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Special Procedures in Regulatory Review 333‑102‑0350
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Reporting Requirements 333‑102‑0355
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Records 333‑102‑0360
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Right to Cause the Withholding or Recall of Byproduct Material 333‑102‑0365
Special Requirement for a Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices Which Contain Radioactive Material: Third Party Method 333‑102‑0900
Transport: Special Requirements for Specific Licenses of Broad Scope 333‑102‑0910
Transport: Specific Terms and Conditions for Broad Licenses
Last Updated

Jun. 8, 2021

Rule 333-102-0005’s source at or​.us