3701:1-40-08. Exempt concentrations

(A) Except as may be required in paragraphs (C) and (D) of this rule, any person is exempt from the requirements for a license set forth in this chapter and Chapters 3701:1-46, 3701:1-48, 3701:1-49, 3701:1-52, and 3701:1-58 of the Administrative Code to the extent that such person receives, possesses, uses, transfers, owns, or acquires products or materials containing radioactive material in concentrations that do not exceed those listed in the appendix to this rule.

(B) This rule shall not be deemed to authorize the import of radioactive material or products containing radioactive material.

(C) A manufacturer, processor, or producer of a product or material from the rules in this chapter and Chapters 3701:1-46, 3701:1-48, 3701:1-49, 3701:1-52, and 3701:1-58 of the Administrative Code to the extent that the person transfers radioactive material contained in a product or material in concentrations not in excess of those specified in the appendix to this rule and introduced into the product or material by a licensee holding a specific license issued by an agreement state, the United States nuclear regulatory commission, or the director, expressly authorizing such introduction. This exemption does not apply to the transfer of radioactive material contained in any food, beverage, cosmetic, drug, or other commodity or product designed for ingestion or inhalation by, or application to, a human being.

(D) No person may introduce radioactive material into a product or material knowing or having reason to believe that it will be transferred to persons exempt under this rule, except in accordance with a license issued by the United States nuclear regulatory commission.

Appendix

Exempt Concentrations

See Appendix at

http://www.registerofohio.state.oh.us/pdfs/3701/1/40/3701$1-40-08_PH_FF_A_APP1_20090501_1249.pdf

Five Year Review (FYR) Dates: 04/08/2015 and 04/01/2020
Promulgated Under: 119.03
Statutory Authority: 3748.02, 3748.04
Rule Amplifies: 3748.04 , 3748.07
Prior Effective Dates: 7/22/2001, 8/15/05, 5/11/09

Prior History: (R.C. 119.032 review dates: 11/01/2013 and 01/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.02, 3748.04
Rule Amplifies: 3748.04, 3748.07
Prior Effective Dates: 7/22/2001, 8/15/05, 5/11/09)