Re: Question regarding transfer of a generally licensed RAM

["Dale E. Boyce" <dale@radpro.uchicago.edu>]

The license to distribute means commercial distribution.  A licensee
may transfer licensable or generally licensed material to a
specific licensee provided that the sender verifies that the recipient
is licensed to receive such material, and the recipient treats any
such material previously held under a General License as being
held under their specific license.

A specific licensee may transfer materials in exempt quantities
to non-licensed entities provided that the non-licensed entity
has a legimate need to receive the material such as further
analysis of a sample.  This transfer may not be for the purpose
of disposal.

These transfers must be made without the exchange of money for the
material.  If money is to be paid for the material a license
to distribute is required.

This opinion is a linear combination of interpretations of the
regulations by the same distinguished state official referred to
by Dave Scherer, and an interpretation obtained by that official
from the NRC regarding the treatment as exempt of materials
received in exempt quantities by a hypothetical institution of
higher learning.

The NRC's interpretation was that licensed material in exempt
quantities could not be declared exempt for the purposes of
disposal, which was not the question at hand at the time.  The
question at hand was could a specific licensee treat as exempt
material received in exempt quantities without documentation
that it was distributed under a license to distribute exempt
quantities.  

One major manufacturer has a paragraph in their catalog stating
that all material in exempt quantities is manufacturered under
a license to distribute exempt quantities.  Another major
manufacturer has no such boiler plate and does not uniformly
label packing slips exempt.

The agreement state regulation had no such requirement.  It does
now.  The hypothetical licensee now treats almost all of its 
hypothetically exempt materials as licensible even if distributed
under a license to distribute exempt quantities.

Close Bruce?

Dale Boyce
dale@radpro.uchicago.edu