Nevada Administrative Code › Chapter 459 - Hazardous Materials › RADIATION CONTROL › Licensing of Radioactive Material › Section 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

Current through June 11,
				  2024
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.