3701:1-40-12 Self-luminous products containing tritium, krypton-85, or promethium-147.

(A) Except for persons who manufacture, process, produce, or initially transfer for sale or distribution self-luminous products containing tritium, krypton-85, or promethium-147, and except as provided in paragraph (C) of this rule, a person is exempt from the license requirements set forth in Chapters 3701:1-38, 3701:1-46, 3701:1-48, 3701:1-49, 3701:1-52, and 3701:1-58 of the Administrative Code to the extent that such person receives, possesses, uses, transfers, owns, or acquires tritium, krypton-85, or promethium-147 in self-luminous products manufactured, processed, produced, or initially transferred in accordance with a specific license issued pursuant to 10 C.F.R. 32.22 , as published in the January 1, 2009, Code of Federal Regulations, which license authorizes the initial transfer of the product for use.

(B) Any person who desires to manufacture, process, or produce self-luminous products containing tritium, krypton-85, or promethium-147, or to transfer such products for use pursuant to paragraph (A) of this rule, shall apply for a license pursuant to 10 C.F.R. 32.22 , as published in the January 1, 2009, Code of Federal Regulations, which license states that the product may be transferred by the licensee to persons exempt from the regulations pursuant to paragraph (A) of this rule or equivalent regulations of an agreement state, or the United States nuclear regulatory commission.

(C) The exemption in paragraph (A) of this rule does not apply to tritium, krypton-85, or promethium-147 used in products primarily for frivolous purposes or in toys or adornments.

Effective: 10/04/2010
R.C. 119.032 review dates: 06/25/2010 and 06/01/2015
Promulgated Under: 119.03
Statutory Authority: 3748.02 , 3748.04
Rule Amplifies: 3748.04 , 3748.06 , 3748.07
Prior Effective Dates: 7/22/2001, 8/15/05