§ 23-1.3-1 - Definitions.

SECTION 23-1.3-1

   § 23-1.3-1  Definitions. – When used in this chapter:

   (1) "Artificially produced radioactive material" means anyradioactive material other than by-product material, special nuclear material,and source material which is produced by any unnatural process such as throughthe bombardment of material with high energy atomic particles.

   (2) "By-product material" means any radioactive materialexcept special nuclear material yielded in or made radioactive by exposure tothe radiation incident to the process of producing or utilizing special nuclearmaterial.

   (3) "Department" means the department of health.

   (4) "Electronic product" means any manufactured product ordevice or component part of a product or device that has an electronic circuitwhich during operation can generate or emit a physical field of radiation.

   (5) "General license" means a license effective pursuant toregulations promulgated by the state radiation control agency without thefiling of an application to transfer, acquire, own, possess, or use quantitiesof, or devices of equipment utilizing, by-product, source, special nuclearmaterials, or other radioactive material occurring naturally or producedartificially. The agency may require notification of possession of generallylicensed materials.

   (6) "Naturally occurring radioactive material" means anyradioactive material that is not otherwise defined in this section and whoseorigin is wholly the result of natural processes.

   (7) "Person" means any individual, corporation, partnership,firm, association, trust, estate, public or private institution, group, agency,political subdivision of this state, any other state or political subdivisionor agency of any other state, and any legal successor, representative, agent oragency of these, and other than federal government agencies licensed by theUnited States Nuclear Regulatory Commission, or any successor to the commission.

   (8) "Radiation" means:

   (i) Ionizing radiation including gamma rays, x-rays, alphaparticles, beta particles, and other atomic or nuclear particles or rays; and

   (ii) Any electromagnetic radiation that can be generatedduring the operation of a microwave oven.

   (9) "Radiation source" means any material or electronicproduct capable of emitting radiation.

   (10) "Radioactive material" means any material, solid,liquid, or gas, that emits ionizing radiation spontaneously.

   (11) "Registration" means the proper completion and filingwith the state radiation control agency of a form provided by the agency, andcontaining information that the agency may require by its regulations.

   (12) "Source material" means:

   (i) Uranium, thorium, or any other material which thedirector of health declared by order to be a source material after the UnitedStates Nuclear Regulatory Commission, or any successor to the commission, hasdetermined the material to be source material; or

   (ii) Ores containing one or more of the materials listed inparagraph (i), in a concentration that the director of health declared by orderto be source material after the United States Nuclear Regulatory Commission, orany successor to the commission, has determined the material in thatconcentration to be source material.

   (13) "Special nuclear material" means:

   (i) Plutonium, uranium 233, uranium enriched in the isotope233 or in the isotope 235, and any other material which the director of healthdeclared by order to be special nuclear material after the United StatesNuclear Regulatory Commission, or any successor to the commission, hasdetermined the material to be special nuclear material, but does not includesource material; or

   (ii) Any material artificially enriched by any of thematerial listed in paragraph (i), but does not include source material.

   (14) "Specific license" means a license, issued afterapplication, to use, manufacture, produce, transfer, receive, acquire, own, orpossess quantities of, or devices or equipment utilizing by-product, source,special nuclear materials, or other radioactive material occurring naturally orproduced artificially.

   (15) "Unnecessary radiation" means radiation used in a mannerthat may present a hazard to the health of the people or the industrial oragricultural potentials or the ecology or wildlife of the state.