(A)any ionizing or non-ionizing electromagnetic or particulate radiation, or
(B)any sonic, infrasonic, or ultrasonic wave, which is emitted from an electronic product as the result of the operation of an electronic circuit in such product;
(2)the term “electronic product” means
(A) any manufactured or assembled product which, when in operation,
(i) contains or acts as part of an electronic circuit and
(ii) emits (or in the absence of effective shielding or other controls would emit) electronic product radiation, or
(B) any manufactured or assembled article which is intended for use as a component, part, or accessory of a product described in clause (A) and which when in operation emits (or in the absence of effective shielding or other controls would emit) such radiation;
(3)the term “manufacturer” means any person engaged in the business of manufacturing, assembling, or importing of electronic products;
(4)the term “commerce” means
(A) commerce between any place in any State and any place outside thereof; and
(B) commerce wholly within the District of Columbia; and
(5)the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, and American Samoa.
Section was classified to section
263c of Title
42, The Public Health and Welfare, prior to renumbering by Pub. L. 101–629.
1993—Pub. L. 103–80amended directory language of Pub. L. 101–629, § 19(a)(4), which renumbered section
263c of Title
42, The Public Health and Welfare, as this section.
1990—Pub. L. 101–629, § 19(a)(1)(B), substituted “this part” for “this subpart” in introductory provisions.
1976—Par. (5). Pub. L. 94–484defined “State” to include Northern Mariana Islands.
For short title of Pub. L. 90–602, which enacted provisions now comprising this part (§§ 360hh to
360ss), as the “Radiation Control for Health and Safety Act of 1968”, see section 1 ofPub. L. 90–602, set out as a Short Title of 1968 Amendments note under section
301 of this title.
Transfer of Subpart; Construction
Section 19(c) ofPub. L. 101–629provided that: “The transfer of subpart 3 of part F of title III of the Public Health Service Act [42 U.S.C. 263b et seq.] to the Federal Food, Drug, and Cosmetic Act [this chapter] does not change the application of the requirements of such subpart and such Act to electronic products which were in effect on the date of the enactment of this Act [Nov. 28, 1990].”
Definition of “Secretary” and “Department”
Section 3 ofPub. L. 90–602, as amended Pub. L. 96–88, title V, § 509(b),Oct. 17, 1979, 93 Stat. 695, provided that: “As used in the amendments made by section 2 of this Act [enacting provisions now comprising sections
360ss of this title], except when otherwise specified, the term ‘Secretary’ means the Secretary of Health and Human Services, and the term ‘Department’ means the Department of Health and Human Services.”
Noninterference With Other Federal Agencies
Section 4 ofPub. L. 90–602provided that: “The amendments made by section 2 of this Act [enacting provisions now comprising sections
360ss of this title] shall not be construed as superseding or limiting the functions, under any other provision of law, of any officer or agency of the United States.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.