OAR 333-102-0025
Exemptions: Gas and Aerosol Detectors Containing Byproduct 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 (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), 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 (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) 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 (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) 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 (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).
Source:
Rule 333-102-0025 — Exemptions: Gas and Aerosol Detectors Containing Byproduct Material, https://secure.sos.state.or.us/oard/view.action?ruleNumber=333-102-0025
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