Re: Question regarding transfer of a generally licensed RAM

["Kent N. Lambert" <lambert@auhs.edu>]

Are there specific definitions in the regulations for "distribute"
or "distribution" and "transfer"?  (I don't recall that there are.)  
If there is not, then the generally accepted  definitions apply.  My 
Webster's dictionary defines distribute as "to divide among several 
or many" and defines transfer as "conveyance of right, title or 
interest in real or personal property," "removal or aquisition of 
property by mere delivery with intent to transer title" and "to 
convey from one person to another or to cause to pass from one person 
to another."

The words are NOT synonymous.  They have very important 
differences in their definitions and the distinction between the 
two make significant differences in the interpretation of these 
rules. 

So, unless there are definitions in the regulations, a license 
(general or specific) which permits the tranfer of byproduct material 
to another authorized licensee (whether general or specific) can do 
so.  The byproduct materials do not have to go back to the 
manufacturer.  Note that this logic also applies to 35.49(b) which 
was the subject of a similar thread about a month ago.

Kent N. Lambert, M.S., CHP
lambert@auhs.edu
Allegheny University of the Health Sciences
Hahnemann Division
Radiation Physics and Safety, MS 106
Broad and Vine Streets
Philadelphia, PA  19102-1192

215-762-8768 (voice)
215-762-7683 (fax)