NAC459.184. Exemption for certain concentrations and quantities of radioactive material other than source material.

     1. Except as otherwise provided in subsection 3, any person is exempt from NAC 459.180 to 459.313, inclusive, to the extent that he or she receives, possesses, uses, transfers, owns or acquires products or materials containing:

     (a) Radioactive material in concentrations not in excess of those listed in NAC 459.186; or

     (b) Naturally occurring radioactive material that contains less than 5 picocuries (0.185 becquerels) of radium-226 per gram of material.

     2. Any person who possesses by-product material received or acquired before September 25, 1971, under the general license then provided pursuant to 10 C.F.R. § 31.4, or a similar general license of a state, is exempt from the requirements of NAC 459.180 to 459.3184, inclusive, 459.737 and 459.738 to the extent that the person possesses, uses, transfers or owns such by-product material.

     3. A person shall not introduce radioactive material into a product or material knowing or having reason to believe that it will be transferred to persons exempt under subsection 1 or the equivalent regulations of the Nuclear Regulatory Commission or any agreement state, except in accordance with a specific license issued pursuant to NAC 459.276 or the general licenses provided in NAC 459.210.

     4. A manufacturer, processor or producer of a product or material is exempt from the requirements for a license set forth in 10 C.F.R. § 81 and from NAC 459.180 to 459.313, inclusive, to the extent that the person transfers by-product material contained in a product or material:

     (a) In concentrations not in excess of those specified in NAC 459.186; and

     (b) Introduced into the product or material by a licensee holding a specific license issued by the Division expressly authorizing such introduction.

Ê This exemption does not apply to the transfer of by-product material contained in any food, beverage, cosmetic, drug or other product designed for ingestion or inhalation by, or application to, a human being.

     5. Except as otherwise provided in subsections 6 and 7, any person is exempt from the provisions of NAC 459.010 to 459.950, inclusive, to the extent that he or she receives, possesses, uses, transfers, owns or acquires radioactive material in individual quantities each of which does not exceed the applicable quantity set forth in NAC 459.188.

     6. The provisions of NAC 459.180 to 459.313, inclusive, do not authorize the production, packaging or repackaging of radioactive material for purposes of commercial distribution or the incorporation of radioactive material into products intended for commercial distribution.

     7. A person shall not, for purposes of commercial distribution, transfer radioactive material in the individual quantities in NAC 459.188, knowing or having reason to believe that such quantities of radioactive material will be transferred to persons exempt under subsections 5 and 6 or the equivalent regulations of the Nuclear Regulatory Commission or any agreement state, except in accordance with a specific license issued by the Nuclear Regulatory Commission pursuant to 10 C.F.R. § 32.18 or by the Division pursuant to NAC 459.278. The license must state that the radioactive material may be transferred by the licensee to persons exempt under subsections 5 and 6 or the equivalent regulations of the Nuclear Regulatory Commission or any agreement state.

     8. Except for by-product material combined within a device placed in use before May 3, 1999, or as otherwise authorized by this chapter, no person may combine quantities of by-product material covered by this exemption in such a manner that the aggregate quantity exceeds the limits set forth in NAC 459.188 for purposes of producing an increased radiation level.

     [Bd. of Health, Radiation Control Reg. §§ 3.2.2-3.2.2.2.3, 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 R149-07, 1-30-2008; R185-08, 5-7-2010)