[ RadSafe ] Seeking exempt quantity sources donation.

Wed Sep 2 13:50:37 CDT 2009

Cary,

OK, I'll concede the part about the distributor informing them.  But the brochure does not legally bind the exempt possessor of the material to do anything.  NUREG 1556 V8 applies to persons licensed for exempt distribution in accordance with 10 CFR 32.  The exempt person receiving the material is specifically exempt from Part 32 (as stated in 30.18).  So if he throws the source away without removing the label or gives it to the kid down the street, it's not a violation of Part 20 (because it's not licensed material), or 30 or 32 (because he's exempt from those parts).  Having the manufacturer insert a blurb into the package does not carry the same weight as a regulation - especially when the blurb doesn't even cite the NRC or NUREG 1556, and especially when the recipient is exempt anyway.  I'm not necessarily disagreeing with you, I'm just arguing because I like to do that sometimes.  

Now I believe the original question had to do with a specific licensee wanting a bunch of exempt sources to distribute them to unlicensed entities such as schools.  That requires an exempt distribution license under Part 32.

Glenn 

-----Original Message-----
From: Cary Renquist [mailto:cary.renquist at ezag.com] 
Sent: Wednesday, September 02, 2009 1:57 PM
To: Glenn R. Marshall; Bray, Linda G.; Johanning, Jeffrey R.; radsafe at radlab.nl
Subject: RE: [ RadSafe ] Seeking exempt quantity sources donation.

     "Now I am curious.  How is an unlicensed user supposed to know that?"

Because the distributor is required to inform them...
This is what the receiver of the sources will know:  (Info required to be affixed to the source or be on a pamphlet/etc that is shipped with the source): [from 10 cfr § 32.19 (d)]
(1) state that the contents are exempt from NRC or Agreement State licensing requirements; 
(2) bear the words "Radioactive Material--Not for Human Use--Introduction Into Foods, Beverages, Cosmetics, Drugs, or Medicinals, or Into Products Manufactured for Commercial Distribution is Prohibited -- Exempt Quantities Should Not be Combined"; 
and 
(3) set forth appropriate additional radiation safety precautions and instructions relating to the handling, use, storage, and disposal of the radioactive material.

Here's the NRC Example Product Brochure:  
  <http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1556/v8/index.html#app_l>

If the receiver doesn't have some sort of specific license, then they are essentially exempt from all NRC/State rules (that includes transferring possession as long as it is not commercial distribution).  Just be aware that just like beauty, "commercial distribution" is in the eye of the beholder -- your friendly neighborhood regulator might not agree with what you might think is non-commercial... 

FYI: here's the NRC toolkit:
NRC: Exempt Distribution Licensee Toolkit
<http://www.nrc.gov/materials/miau/product-manufac/exempt-toolkit.html>

NRC: Program-Specific Guidance About Exempt Distribution Licenses (NUREG-1556, Volume 8)
<http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1556/v8/index.html>

Cary

---
Cary Renquist
cary.renquist at ezag.com

-----Original Message-----
From: radsafe-bounces at radlab.nl [mailto:radsafe-bounces at radlab.nl] On Behalf Of Glenn R. Marshall
Sent: Wednesday, 02 September 2009 08:53
To: Bray, Linda G.; Johanning, Jeffrey R.; radsafe at radlab.nl
Subject: RE: [ RadSafe ] Seeking exempt quantity sources donation.

Now I am curious.  How is an unlicensed user supposed to know that?  10 CFR 30.18, if an exempt person even knows to red it, only prohibits commercial distribution.  It doesn't say they can't give the stuff away; in fact, the person (I paraphrase) is exempt to the extent that such person receives, possesses, uses, transfers, owns, or acquires byproduct material in individual [exempt] quantities.  I see nothing in there about tearing off labels and throwing the source away.

Glenn Marshall

-----Original Message-----
From: radsafe-bounces at radlab.nl [mailto:radsafe-bounces at radlab.nl] On Behalf Of Bray, Linda G.
Sent: Wednesday, September 02, 2009 11:02 AM
To: Johanning, Jeffrey R.; radsafe at radlab.nl
Subject: RE: [ RadSafe ] Seeking exempt quantity sources donation.

Jeff, they cannot redistribute. That has not changed. They can take it
places and use it, but not sell, uninstall, install, or redistribute.
This does actually make sense, because if they don't have the license,
they don't have the overhead of the tracking, and reports as to where
they were distributed etc. So it makes the process fall apart from that
perspective

-----Original Message-----
From: radsafe-bounces at radlab.nl [mailto:radsafe-bounces at radlab.nl] On
Behalf Of Johanning, Jeffrey R.
Sent: Monday, August 31, 2009 12:39 PM
To: radsafe at radlab.nl
Subject: RE: [ RadSafe ] Seeking exempt quantity sources donation.

I'm just curious.  I had worked on an NRC "E" license a few years ago
and my memory maybe lost or things may have changed.  I recall that the
"unlicensed" users of exempt quantities were not allowed to redistribute
them, only tear off the label and throw them away. (which doesn't make a
lot of sense either)??

Just curious of what the current rules are?  

Jeffrey R. Johanning
Health Physicist V/RSO
Science Applications International Corp.
858-826-9725

-----Original Message-----
From: radsafe-bounces at radlab.nl [mailto:radsafe-bounces at radlab.nl] On
Behalf Of Geo>K0FF
Sent: Saturday, August 29, 2009 07:36
To: radsafe at radlab.nl
Subject: [ RadSafe ] Seeking exempt quantity sources donation.

Hello.
We are seeking unlicensed (schedule B quantities) exempt quantity sealed
sources, NORM and 
"Becquerel Kits" for recycling into educational uses.

Contact me off list for shipping instructions or we can pick up larger
shipments  if within driving distance of Oak Ridge, Las Vegas, or St.
Louis

This is an ongoing requirement. The sources will be used to help train
future RP's and in school demonstrations kits as appropriate. 

EDUCATORS- contact me offlist if you have a need for one of our loaner
Rad Demo Kits.

George Dowell
New London Nucleonics Lab.

 email:
GEOelectronics at netscape.com

TELCO 573-221-3418
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