Radioactive Material Other than Source Material

(A) Exempt Concentrations. (1) Except as provided in 105 CMR 120.104(A)(3), and (4), any person is exempt from 105 CMR 120.100 to the extent that such person receives, possesses, uses, transfers, owns or acquires products containing byproduct material introduced in concentrations not in excess of those listed in 105 CMR 120.195: Appendix A. (2) 105 CMR 120.104(A) shall not be deemed to authorize the import of byproduct material or products containing byproduct material. (3) A manufacturer, processor, or producer of a product or material is exempt from the requirements for a license set forth in 105 CMR 120.100 to the extent that this person transfers byproduct material contained in a product or material in concentrations not in excess of those specified in 105 CMR 120.195: Appendix A and introduced into the product or material by a licensee holding a specific license issued by NRC expressly authorizing such introduction. This exemption does not apply to the transfer of byproduct 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. (4) No person may introduce byproduct material into a product or material knowing or having reason to believe that it will be transferred to persons exempt under 105 CMR 120.104(A) or equivalent regulations of the NRC, or an Agreement State except in accordance with a specific license issued pursuant to 10 CFR 32.11. (B) Exempt Quantities. (1) Except as provided in 105 CMR 120.104(B)(2), (3), and (5), any person is exempt from 105 CMR 120.100 to the extent that such person receives, possesses, uses, transfers, owns, or acquires byproduct material in individual quantities each of which does not exceed the applicable quantity set forth in 105 CMR 120.196: Appendix B Table I provided they have been distributed pursuant to a license as described in 105 CMR 120.104(B)(3). (2) 105 CMR 120.104(B) does not authorize the production, packaging or repackaging of byproduct material for purposes of commercial distribution, or the incorporation of byproduct material into products intended for commercial distribution. (3) No person may, for purposes of commercial distribution, transfer byproduct material in the individual quantities set forth in 105 CMR 120.196: Appendix B, Table 1, knowing or having reason to believe that such quantities of byproduct material will be transferred to persons exempt under 105 CMR 120.104(B) or equivalent regulations of the NRC, an Agreement State except in accordance with a specific license issued by the NRC pursuant to 10 CFR Part 32, § 32.18 which license states that the byproduct material may be transferred by the licensee to persons exempt under 105 CMR 120.104(B) or the equivalent regulations of the NRC, an Agreement State. (4) Any person who possesses byproduct material received or acquired prior to September 25, 1971 under the general license then provided in 10 CFR 31.4 or similar general license of a State, is exempt from the requirements for a license set forth in 105 CMR 120.100 if such person possesses, uses, transfers, or owns such byproduct material. (5) No person may, for purposes of producing an increased radiation level, combine quantities of byproduct material covered by the exemption in 105 CMR 120.104(B) so that the aggregate quantity exceeds the limits set forth in 105 CMR 120.196: Appendix B Table I , except for byproduct material combined within a device placed in use before May 3, 1999, or as otherwise permitted by 105 CMR 120.100. (C) Exempt Items. (1) Certain Items Containing Byproduct Material. Except for persons who apply radioactive material to, or persons who incorporate radioactive material into, the following products, or persons who initially transfer for sale or distribution the following products containing byproduct materials, any person is exempt from 105 CMR 120.100 to the extent that he receives, possesses, uses, transfers, owns, or acquires the following products: S)))))))))))))))))))))))))Q Authority to transfer possession or control by the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing byproduct material whose subsequent possession, use, transfer, and disposal by all other persons are exempted from regulatory requirements may be obtained only from the Nuclear Regulatory Commission (NRC), Washington, D.C. (a) Timepieces or hands or dials containing not more than the following specified quantities of radioactive material and not exceeding the following specified radiation dose rate: 1. 25 millicuries (925 MBq) of tritium per timepiece. 2. five millicuries (185 MBq) of tritium per hand. 3. 15 millicuries (555 MBq) of tritium per dial (bezels when used shall be considered as part of the dial). 4. 100 microcuries (3.7 MBq) of promethium-147 per watch or 200 microcuries (7.4 MBq) of promethium-147 per any other timepiece. 5. 20 microcuries (0.74 MBq) of promethium-147 per watch hand or 40 microcuries (1.48 MBq) of promethium-147 per other timepiece hand. 6. 60 microcuries (2.22 MBq) of promethium-147 per watch dial or 120 microcuries (4.44 MBq) of promethium-147 per other timepiece dial (bezels when used shall be considered as part of the dial). 7. The radiation dose rate from hands and dials containing promethium-147 will not exceed, when measured through 50 milligrams per square centimeter of absorber: a. For wrist watches, 0.1 millirad (1 :Gy) per hour at ten centimeters from any surface. b. For pocket watches, 0.1 millirad (1 :Gy) per hour at one centimeter from any surface. c. For any other timepiece, 0.2 millirad (2 :Gy) per hour at ten centimeters from any surface. 8. One microcurie (37 kBq) of radium-226 per timepiece in intact timepieces manufactured prior to November 30, 2007. (b) Precision balances containing not more than one millicurie (37 MBq) of tritium per balance or not more than 0.5 millicurie (18.5 MBq) of tritium per balance part manufactured before December 17, 2007. (c) Marine compasses containing not more than 750 millicuries (27.8 GBq) of tritium gas and other marine navigational instruments containing not more than 250 millicuries (9.25 GBq) of tritium gas manufactured before December 17, 2007. (d) Ionization chamber smoke detectors containing not more than 1 microcurie (:Ci) of americium-241 per detector in the form of a foil and designed to protect life and property from fires. (e) Electron tubes; provided, that each tube does not contain more than one of the following specified quantities of byproduct material: 1. 150 millicuries (5.55 GBq) of tritium per microwave receiver protector tube or 10 millicuries (370 MBq) of tritium per any other electron tube. 2. 1 microcurie (37 kBq) of cobalt-60. 3. 5 microcuries (185 kBq) of nickel-63. 4. 30 microcuries (1.11 MBq) of krypton-85. 5. 5 microcuries (185 kBq) of cesium-137. 6. 30 microcuries (1.11 MBq) of promethium-147. And provided further, that the radiation dose rate from each electron tube containing byproduct material will not exceed one millirad (ten :Gy) per hour at one centimeter from any surface when measured through seven milligrams per square centimeter of absorber. For purposes of 105 CMR 120.104(C)(1)(e), "electron tubes" include spark gap tubes, power tubes, gas tubes including glow lamps, receiving tubes, microwave tubes, indicator tubes, pick-up tubes, radiation detection tubes, and any other completely sealed tube that is designed to conduct or control electrical currents. (f) Ionizing radiation measuring instruments containing, for purposes of internal calibration or standardization, one or more sources of radioactive material, provided that: 1. Each source contains no more than one exempt quantity set forth in 105 CMR