459.192 - Miscellaneous exemptions: Certain self-luminous products, articles containing radium-226, gas and aerosol detectors, capsules containing carbon-14 urea and synthetic plastic resins containing scandium-46

459.192. Miscellaneous exemptions: Certain self-luminous products, articles containing radium-226, gas and aerosol detectors, capsules containing carbon-14 urea and synthetic plastic resins containing scandium-46

1. Except for persons who manufacture, process or produce self-luminous products containing tritium, krypton-85 or promethium-147, any person is exempt from the provisions of NAC 459.010 to 459.950, inclusive, and sections 4 to 28, inclusive,, to the extent that he or she receives, possesses, uses, transfers, owns or acquires tritium, krypton-85 or promethium-147 in self-luminous products manufactured, processed, produced, imported or transferred in accordance with a specific license issued by the Nuclear Regulatory Commission pursuant to 10 C.F.R. § 32.22, which license authorizes the transfer of the product to persons who are exempt from regulatory requirements. The exemption in this subsection for self-luminous products does not apply to tritium, krypton-85 or promethium-147 used in products for frivolous purposes or in toys or adornments.

2. 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 subsection 1 must apply for a license pursuant to 10 C.F.R. § 32.22 and for a certificate of registration in accordance with 10 C.F.R. § 32.210.

3. Any person is exempt from the provisions of NAC 459.010 to 459.950, inclusive, and sections 4 to 28, inclusive,, to the extent that he or she receives, possesses, uses, transfers or owns articles containing less than 0.1 microcurie (3.7 kilobecquerels) of radium-226 which were acquired before February 28, 1980.

4. Except for persons who manufacture, process, produce or initially transfer for sale or distribution gas and aerosol detectors containing radioactive material, any person is exempt from the provisions of NAC 459.010 to 459.950, inclusive, and sections 4 to 28, inclusive,, to the extent that he or she receives, possesses, uses, transfers, owns or acquires radioactive material in gas and aerosol detectors designed to protect the health, safety or property of persons from fires and airborne hazards if the detectors containing radioactive material have been manufactured, processed, produced or initially transferred in accordance with a specific license issued by the Division, the Nuclear Regulatory Commission or any other agreement state pursuant to 10 C.F.R. § 32.26 or its equivalent, which authorizes the initial transfer of the detectors for use. This exemption also applies to gas and aerosol detectors manufactured or distributed before November 30, 2010, in accordance with a specific license issued by a state under comparable provisions to 10 C.F.R. § 32.26 authorizing distribution to persons exempt from regulatory requirements. The following also apply to gas and aerosol detectors containing radioactive material:

(a) The provisions of subsection 2 of NAC 459.190 apply to this subsection.

(b) Any gas and aerosol detector which contains by-product material, or naturally occurring and accelerator-produced radioactive material, and which was previously manufactured and distributed to general licensees in accordance with a specific license issued by an agreement state, pursuant to provisions comparable to 10 C.F.R. § 32.26, is exempt under this subsection if the device is labeled in accordance with the specific license and if the device meets the requirements of NAC 459.280.

5. Any person who desires to manufacture, process or produce gas and aerosol detectors containing radioactive material or to initially transfer such products for use pursuant to subsection 4 shall apply for a license pursuant to NAC 459.280 and for a certificate of registration in accordance with NAC 459.3075.

6. Except for persons who manufacture, process, produce, or initially transfer for sale or distribution industrial devices containing by-product material, any person is exempt from the provisions of NAC 459.010 to 459.950, inclusive, and sections 4 to 28, inclusive,, to the extent that the person receives, possesses, uses, transfers, owns or acquires by-product material, in industrial devices 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 if the devices containing by-product material have been manufactured, processed, produced or initially transferred in accordance with a specific license issued pursuant to 10 C.F.R. § 32.30, which authorizes the initial transfer of the device for use. This exemption does apply to sources not incorporated into a device, including, without limitation, calibration and reference sources.

7. Any person who desires to manufacture, process, produce or initially transfer for sale or distribution industrial devices containing by-product material for use under subsection 6 shall apply for a specific license issued by the Nuclear Regulatory Commission pursuant to 10 C.F.R. § 32.30 and for a certificate of registration in accordance with NAC 459. 3075.

8. Any person who receives, possesses, uses, transfers, owns or acquires capsules that contain carbon-14 urea is exempt from the provisions of NAC 459.180 to 459.313, inclusive, and sections 7 to 27, inclusive if each capsule:

(a) Is intended solely for in vivo diagnostic use in humans and is not used for research involving human subjects; and

(b) Contains, allowing for nominal variation that may occur during the manufacturing process, not more than 1 microcurie (37 kilobecquerels) of carbon-14 urea.

The provisions of this subsection do not relieve a person from complying with any other federal, state or local requirement governing the receipt, administration or use of drugs.

Bd. of Health, Radiation Control Reg. §§ 3.2.2.3.2-3.2.2.3.4, eff. 2-28-80-NAC A by R084-98, 1-26-99; A by Dep't of Human Resources by R137-01, 5-30-2003; A by Bd. of Health by R085-06, 11-13-2006; R149-07, 1-30-2008; R185-08, 5-7-2010; A by R144-13A, eff. 10-13-2016

NRS 459.030, 459.201

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