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(e) Animal Breeding. Animals being moved for breeding purposes as part of a recognized animal colony established for experimental breeding of animals in captivity, may be moved for this purpose upon issuance of a fee exempt permit provided that the conditions specified by the Department in the permit are adhered to in full.
(f) Animal(s) permitted entry under subsection 30074.1(a) through (e) shall not be sold, traded, or given away during the permit period without notification and prior approval by the Department. The duration of the permit will be determined by the Department at the time of permit issue and shall not exceed the duration of an exhibitor's itinerary submitted to the Department at the time of permit application. The duration of the permit may be extended at the discretion of the Department.
Note: Authority cited: Sections 208, 25990.5, 25992.3, 25992.5 and 25992.8, Health and Safety Code. Reference: Sections 25990.5, 25992.3, 25992.5 and 25992.8, Health and Safety Code.
s 30075. Conditions of Quarantine for Personal Pets.
Note: Authority cited: Sections 208, 25990.5 and 25992, Health and Safety Code. Reference: Sections 25990.5, 25992, 25992.3 and 25992.5, Health and Safety Code.
s 30076. Permit Fees.
(a) Each application for an import permit shall be accompanied by payment of an import permit fee to the Department. Except as provided in Section 30074.1(e), the permit fee charged shall be at the rate of $10.00 per animal.
(b) If the actual number of animals received in the shipment exceeds the number enumerated in the application, payment of an additional fee, for the unpaid animal(s), shall be due at the rate of $10.00 per animal plus a charge of $10.00 for amending the original permit issued.
(c) If the actual number of animals received is less than the number enumerated on the application, the person may apply for a refund subject to such verification and documentation as may be required by the department.
(d) No refund shall be allowed for animals found dead on arrival (DOA), but credit may be allowed for animals DOA against future imports within the following 12 month period. No credit or refund shall be allowed for animals which die during quarantine or are found diseased and not fit for release from quarantine.
(e) A previously issued import permit may be amended by the Department where necessary upon written request by the permittee provided the purpose of the amendment does not in the opinion of the Department jeopardize the intent and purpose of the required quarantine procedure or the public health. A fee of $10.00 must accompany the written request for amendment.
Note: Authority cited: Sections 208 and 25990.5, Health and Safety Code. Reference: Section 25992.8, Health and Safety Code.
s 30077. Animal Holding Facility.
(a) Structural. The housing facilities used for quarantine of imported animals shall be constructed in accordance with the compiled State Building Code, Part 2, Chapter 2-93, Title 24, California Code of Regulations. All quarantine structures, fixtures, equipment and facilities shall be maintained so as to be clean, sanitary and in good repair. All quarantined animals shall be contained within the facility.
(b) Storage. Supplies of food and bedding shall be adequately protected against contamination with zoonotic disease causing organisms. Refrigeration shall be provided for supplies of perishable food.
(c) Medical Waste Disposal. Animal and food wastes, bedding, debris and any items present in the quarantine facility while a wild animal quarantine is in effect shall be disposed of as medical waste in accordance with Health and Safety Code, Section 25020, et seq. Disposal facilities shall be provided and operated as to prevent vermin infestation and minimize orders and diseases hazards.
(d) Handwashing Facilities. Handwashing facilities, such as basins or sinks, shall be provided to maintain cleanliness among caretakers. Handwashing facilities shall include hot and cold running water, soap, paper towels, and a waste container. Handwashing facilities shall conform to the State Building Code, Part 5, Title 24, California Code of Regulations.
(e) Drainage. A suitable method shall be provided to rapidly eliminate excessive water from housing facilities. If drains are used, they shall be properly constructed and shall be kept in good repair to avoid disease transmission within the facility. Draining facilities to rapidly eliminate excessive water from housing facilities shall conform to the State Building Code, Part 5, Basic Plumbing Regulations, Title 24, California Code of Regulations.
(f) Local Building Codes, Zoning Codes, Use and Business Permits. Notwithstanding the provisions of these regulations, the provisions of local building codes, zoning codes, and applicable use and business permits shall be complied with by the owner or operator of quarantine facilities as a condition to approval by the Department, provided such provisions are at least equal to these regulations. Construction shall be in accordance with Title 24, California Code of Regulations.
Note: Authority cited: Sections 208 and 25990.5, Health and Safety Code. Reference: Sections 25990.5, 25994 and 25994.3, Health and Safety Code.
s 30077.1. Alternative Housing Facilities.
The use of alternative housing quarantine facilities for special purpose conditions may be approved by the Department upon written application provided the public health and safety shall not be endangered. These facilities shall be constructed in accordance with the State Building Code, Part 2, Chapter 2- 93, Title 24, California Code of Regulations.
Note: Authority cited: Sections 208 and 25990.5, Health and Safety Code. Reference: Sections 25990.5, 25994 and 25994.3, Health and Safety Code.
s 30078. Primary Enclosures.
Primary enclosures shall conform to the following requirements:
(a) They shall be maintained so as to be clean and dry.
(b) They shall provide convenient access to clean food and water.
(c) Primary enclosures shall conform to the State Building Code, Part 2, Chapter 2-93, Title 24, California Code of Regulations.
Note: Authority cited: Sections 208 and 25990.5, Health and Safety Code. Reference: Sections 25990.5, 25994 and 25994.3, Health and Safety Code.
s 30079. Animal Health and Husbandry Standards.
(a) Food.
(1) The food shall be free from contamination, wholesome, and of sufficient quality and nutritive value to meet the known normal daily requirements for the condition and size of the animal.
(2) Food, and food receptacles if used, shall be accessible to all animals and shall be placed so as to minimize contamination by excreta. Food receptacles, except self feeders, shall be kept clean and sanitized at least once a week.
(b) Watering.
(1) All watering receptacles shall be kept clean and shall be sanitized at least once a week.
(2) Automatic watering devices shall be maintained in accordance with good husbandry practices. They shall be sanitized when occupancy in the primary enclosure is changed and at the end of quarantine period.
(c) Sanitation.
(1) Cleaning of Primary Enclosures. Excreta shall be removed from the primary enclosures at least daily, or as often as necessary to prevent contamination of the animals contained therein and to reduce disease hazards and odors. When hosing or flushing methods are used for this purpose, measures shall be taken to prevent animals confined in such enclosures from being wetted or contaminated involuntarily.
(2) Sanitization of Primary Enclosures.
(A) Prior to the introduction of animals into primary enclosures previously occupied by other animals, such enclosures shall be sanitized in the manner provided in subparagraph (c)(3) of this subdivision.(B) Primary enclosures shall be sanitized often enough to prevent an accumulation of debris or excreta, or a disease hazard: Provided, however, that such enclosures shall be sanitized at least once every two weeks in the manner provided in subparagraph (c)(3) of this subdivision.
(3) Sanitizing Procedures. Cages, rooms, vehicles and hard surfaced pens or runs shall be sanitized either by washing them with hot water (180 F.) and soap or detergent, as in a mechanical cage washer, or by washing all soiled surfaces with a detergent solution followed by a safe and effective disinfectant, or by cleaning all soiled surfaces with live steam.
(d) Housekeeping. Premises (buildings and grounds) shall be kept clean and in good repair in order to protect the animals from injury and to facilitate the prescribed husbandry practices set forth in this section. Premises shall remain free of accumulations of trash.
(e) Pest Control. An effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained.
(f) Employees. A sufficient number of employees shall be utilized to maintain the prescribed level of husbandry practices set forth herein. Persons well trained and competent in retrieving, restraining and releasing animals in a humane manner for testing and examination procedures during quarantine must be provided. Such practices shall be carried out by or under the supervision of an animal caretaker who has a background in animal husbandry or care. Proper safeguards and precautions shall be practiced by employees so as not to endanger themselves, other persons, or animals. Outer work clothing, gloves, boots, etc., used in caring for animals in quarantine shall not be worn outside the quarantine area.
(g) Classification and Separation.
(1) Animals housed in the same primary enclosure shall be maintained in compatible groups and shall not be housed in the same primary enclosure with other animal species.
(2) Animals entering quarantine on different dates shall not be housed in the same room, unless the quarantine periods commence with the date of the last animal(s) admitted to the room (See Section 30081).
(h) Veterinary Care.
(1) Programs of disease control and prevention, euthanasia, and adequate veterinary care shall be established and maintained under the supervision and assistance of a veterinarian.
(2) Each animal shall be observed daily by the animal caretaker in charge or by someone working under his direct supervision. Sick or dis eased, injured, lame, or blind animals shall be provided with veterinary care or humanely disposed of unless such action is inconsistent with the purposes for which the animals are being imported.
(i) Vehicles.
(1) Vehicles used in transporting animals shall be mechanically sound and equipped to provide fresh air to all animals being transported, without injurious drafts. The vehicles shall contain the animals and restrict the entry of other animals and unauthorized persons.
(2) The ability to view the interior of the cargo space is necessary to observe any animals that may have escaped from their primary enclosures.
(3) The interior of the animal cargo space shall be kept clean.
(4) The animal cargo space and all primary enclosures used in transport shall be cleaned and sanitized in the manner provided in subsection (c)(3) of this section after each shipment has been transported from the point of arrival to the quarantine facility. Animals entering quarantine and those having completed the quarantine shall not be transported concurrently in the same vehicle.
Note: Authority cited: Sections 208 and 25990.5, Health and Safety Code. Reference: Sections 25990.5, 25994 and 25994.3, Health and Safety Code.
s 30080. Approved Quarantine Facilities.
(a) Approval. Quarantine facilities used to house imported animals are subject to inspection and approval by representatives of the Department for such periods of time as the Department deems indicated. Such facilities may be used for housing imported animals only as long as they are maintained and operated in conformance with standards prescribed in Sections 30070 through 30086; in Title 42 of the Code of Federal Regulations, Section 71.53; and in "Biosafety in Microbiological and Biomedical Laboratories", U.S. Department of Health and Human Services, Public Health Service, Centers fro Disease Control and National Institutes of Health, 2nd edition, 1988; which are hereby incorporated by reference.
(b) Inspection. The department may make such inspection of approved facilities as it deems necessary to insure compliance with prescribed standards. Such inspections shall be carried out by department representatives at any time, normally during but not restricted to working hours.
(c) Notification of Change in Name or Ownership. The department shall be notified of any change in name, address, management or substantial control or ownership of any approved facility.
Note: Authority cited: Sections 208 and 25990.5, Health and Safety Code. Reference: Sections 25990.5 and 25992.5, Health and Safety Code.
s 30081. Quarantine.
All imported animals must be maintained for such period of quarantine as may be required by the Department and under such conditions as prescribed herein:
(a) Quarantine Period and Conditions for Release Therefrom.
(1) Primates. The normal quarantine period required for primates is that which provides for a physical examination, administration of a tuberculin test by a veterinarian upon entry and a repeat physical examination and tuberculin test 30 days later. Primates may be released from quarantine by the department upon completion of the second tuberculin test provided that in the judgment of the attending veterinarian:
(A) Both tuberculin tests are negative.
(B) The animals exhibit no visible oral ulcers at the end of quarantine period.
(C) The animals show no clinical evidence of dysentery or diarrhea, emesis, emaciation, contagious skin lesions, central nervous system disturbances, jaundice, or abnormal respiratory signs at the end of quarantine period.
(D) There is no evidence of a zoonotic disease traced back to the quarantined animals.
(E) In the opinion of the attending veterinarian the animals are healthy. A summary report by the attending veterinarian, in writing over his signature, shall be made to the department incorporating 1) the results of all tests, physical examinations, etc., performed and 2) his opinion that the animals are healthy (See Section 30084).
(2) Carnivores. Carnivores shall be confined in a place and manner approved by the Department for a 90 day period. A primary enclosure as defined under Section 2-9302 and set forth under Section 2-9305, Title 24, California Code of Regulations, or an equivalent approved by the Department, is acceptable for confinement. If at the end of quarantine, the animals are examined and found healthy by a veterinarian, they may be released by the Department upon receipt of such certification in writing by the attending veterinarian without further restriction.
(b) Imported animals refused release from quarantine shall be handled in such manner as approved and specified by the department.
(c) Where the quarantine procedures specified herein are not compatible with the objective of a specific research project, the department may authorize variations from the requirements specified herein provided that no public health hazard will result from the variations allowed.
(d) Any person importing animals for purposes of sale to any educational and research institution, zoological garden, laboratory, college or university, may satisfy the requirements of this section and Sections 30081.1-30084 by contract with such institution. Such quarantine shall meet all of the requirements herein with regard to period, observation, reporting and other conditions of quarantine.
Note: Authority cited: Sections 208 and 25990.5, Health and Safety Code. Reference: Sections 25990.5 and 25994.3, Health and Safety Code.
s 30081.1. Tuberculin Test.
The method of tuberculin testing used shall be subject to approval by the department. Normal variations in site of administration and type and dilution of tuberculin used for intradermal injection may be accepted by the department. The use of such testing methods as the patch and multiple puncture tests will not be accepted.
s 30082. Record Keeping.
Adequate records shall be kept by permit number showing daily health status of each animal in the shipment, together with notation, under veterinary supervision, of signs of any illness, deaths, any treatment given, results of any tests or examinations performed, etc., on all animals in the shipment.
Note: Authority cited: Sections 208 and 25990.5, Health and Safety Code. Reference: Sections 25990.5 and 25994.3, Health and Safety Code.
s 30083. Animal Identification.
Identification of animals shall be maintained through use of cage numbers, tags on individual animals, or by means of tattoo.
Note: Authority cited: Sections 208 and 25990.5, Health and Safety Code. Reference: Sections 25990.5 and 25994.3, Health and Safety Code.
s 30084. Reporting of Tests Results, Physical Examinations, Illnesses, Deaths.
(a) A written summary report by the attending veterinarian of the results of all tests, physical examinations, etc., performed shall be made to the department in writing over a signature of the attending veterinarian.
(b) Deaths or illnesses in quarantined animals shall be immediately reported to the attending veterinarian and then to the Department without delay. Dead animals shall be handled as biohazardous medical waste and kept under refrigeration pending necropsy instructions by the attending veterinarian. A necropsy shall be conducted under strict infection control precautions by the attending veterinarian or otherwise qualified pathologist, and adequate specimens shall be obtained for diagnostic laboratory examination to determine the cause of illness or death. Following necropsy, the carcass shall be handled and disposed of as biohazardous waste.
(c) Records shall be maintained by the quarantine facility for a two-year period and shall be available for department examination upon request.
Note: Authority cited: Sections 208 and 25990.5, Health and Safety Code. Reference: Sections 25990.5, 25994.3 and 25994.5, Health and Safety Code.
s 30085. Cooperating Agencies.
It is the intent of the department to maintain liaison and to cooperate fully with other governmental agencies having jurisdiction with regard to the import, holding, or regulation of animals into the United States and California as well as within the State. These agencies include:
(a) Foreign Quarantine Program, Center for Disease Control, U.S. Department of Health, Education and Welfare.
(b) Animal Resources Branch, Division of Research Facilities and Resources, National Institutes of Health, U.S. Department of Health, Education and Welfare.
(c) Bureau of Sport Fisheries and Wildlife, Fish and Wildlife Service, U.S. Department of Interior.
(d) Bureau of Customs, U.S. Treasury Department.
(e) Animal Health Division, Agricultural Research Service, U.S. Department of Agriculture.
(f) U.S. Department of Defense.
(g) California Department of Fish and Game.
(h) California Department of Agriculture.
(i) County and city government, including local public health agencies, within the State of California.
Any importation or other acquisition of wild animals under these regulations does not relieve the importer's responsibility for complying with any applicable health, quarantine, agriculture, customs, license, permit or any other requirements imposed by the laws or regulations of other duly authorized federal or State agency or county, city and county, or city government in California.
s 30086. Exceptions.
The department upon application may grant variances from the requirements of these regulations as it determines are authorized by law and will not result in hazard to the public health. Such applications, and variances made thereon, shall be in writing; any variances granted under this section shall set forth conditions designed to protect the public health, and shall be granted only for a specified period, not to exceed 6 months.
s 30100. General Definitions.
As used in subchapter 4:
(a) "Act" means the "Radiation Control Law," Health and Safety Code, Division 104, Part 9, chapter 8, sections 114960 et seq.
(b) "Agreement State" means any state with which the United States Atomic Energy Commission or Nuclear Regulatory Commission has entered into an effective agreement under section 274b of the Atomic Energy Act of 1954, Title 42, United States Code, section 2021(b) (formerly section 274(b)).
(c) "Decommission" means to remove safely from service and reduce residual radioactivity to a level that permits release of the property for unrestricted use and termination of the license.
(d) "Department" means the State Department of Health Services.
(e) "Depleted uranium" means the source material uranium in which the isotope uranium-235 is less than 0.711 weight percent of the total uranium present. Depleted uranium does not include special nuclear material.
(f) "Hazardous radioactive material", as used in section 33000 of the California Vehicle Code and 114820(e) of the Health and Safety Code means any "highway route controlled quantity" of radioactive material as such material is defined in The United States Code of Federal Regulations (CFR), 49 CFR 173.403(l) as printed in FR 13431, March 31, 1983.
(g) "Human use" means the internal or external administration of radiation or radioactive materials to human beings.
(h) "Installation" means the location where one or more reportable sources of radiation are possessed.
(i) "License," except where otherwise specified, means a license issued pursuant to group 2, Licensing of Radioactive Material.
(j) "Misadministration" means the administration of:
(1) A radiopharmaceutical or radiation from a sealed source other than the one intended;
(2) A radiopharmaceutical or radiation to the wrong patient;
(3) A radiopharmaceutical or radiation by a route of administration other than that intended by the prescribing physician;
(4) A diagnostic dosage of a radiopharmaceutical differing from the prescribed dosage by more than 50 percent;
(5) A therapeutic dosage of a radiopharmaceutical differing from the prescribed dosage by more than 10 percent; or
(6) A therapeutic radiation dose from a sealed source such that errors in the source calibration, time of exposure, and treatment geometry result in a calculated total treatment dose differing from the final prescribed total treatment dose by more than 10 percent.
(k) "Other official agency specifically designated by the Department" means an agency with which the Department has entered into an agreement pursuant to section 114990 of the Health and Safety Code.
(l) "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 subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Nuclear Regulatory Commission, the United States Department of Energy, or any successor thereto, and other than Federal Government agencies licensed by the United States Nuclear Regulatory Commission, under prime contract to the United States Department of Energy, or any successor thereto.
(m) "Personnel monitoring equipment" means devices designed to be worn or carried by an individual for the purpose of measuring the dose received by that individual (e.g., film badges, pocket chambers, pocket dosimeters, film rings, etc.).
(n) "Possess" means to receive, possess, use, transfer or dispose of radioactive material pursuant to this regulation.
(o) "Possessing a reportable source of radiation" means having physical possession of, or otherwise having control of, a reportable source of radiation in the State of California.
(p) "Radiation" (ionizing radiation) means gamma rays and X-rays; alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles; but not sound or radio waves, or visible, infrared, or ultraviolet light.
(q) "Radiation machine" means any device capable of producing radiation when the associated control devices are operated, but excluding devices which produce radiation only by the use of radioactive material.
(r) "Radioactive material" means any material which emits radiation spontaneously.
(s) "Registrant" means any person who is registering or who has registered with the Department pursuant to group 1.5, Registration of Sources of Radiation.
(t) "Reportable sources of radiation" means either of the following:
(1) Radiation machines, when installed in such manner as to be capable of producing radiation.
(2) Radioactive material contained in devices designed and manufactured for the purpose of detecting, measuring, gauging, controlling thickness, density, level, interface location, radiation, leakage or qualitative or quantitative chemical composition, for producing light or an ionized atmosphere, possessed pursuant to a general license under provisions of section 30192.1 of group 2 of this subchapter (Licensing of Radioactive Materials).
(u) "Research and development" means theoretical analysis, exploration, experimentation or the extension of investigative findings and scientific or technical theories into practical application for experimental or demonstration purposes, including the experimental production and testing of models, prototype devices, materials and processes; but shall not include human use.
(v) "Sealed source" means any radioactive material that is permanently encapsulated in such manner that the radioactive material will not be released under the most severe conditions likely to be encountered by the source.
(w) "Source of radiation" means a discrete or separate quantity of radioactive material or a single radiation machine.
(x) "Special nuclear material" means:
(1) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Department declares by rule to be special nuclear material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such, but does not include source material; or
(2) Any material artificially enriched by any of the foregoing, but does not include source material.
(y) "Specific license" means a license or the equivalent document issued to a named person by the Department or by the Nuclear Regulatory Commission or by any other Agreement State.
(z) "This regulation" means: California Code of Regulations, Title 17, Chapter 5, Subchapter 4.
(aa) "User" means any person who is licensed to possess radioactive material or who has registered as possessing a reportable source of radiation pursuant to groups 1.5 and 2 of this subchapter, or who otherwise possesses a source of radiation which is subject to such licensure or registration.
(ab) "Worker" means any individual engaged in activities subject to title 17, California Code of Regulations, chapter 5, subchapter 4, and controlled by a user, but does not include the user.
Note: Authority cited: Sections 100275 and 115000, Health and Safety Code. Reference: Sections 114965, 114970, 114985 and 115060, Health and Safety Code.
s 30102. Registration Requirement.
s 30103. Communications.
s 30104. Exemptions.
(a) The Department may, upon application by any user, or upon its own initiative, grant such exemptions from the requirements of this regulation as it determines are authorized by law and will not result in undue hazard to health, life or property. Applications for exemptions shall specify why such exemption is necessary.
(b) Before granting an exemption, the Department shall determine that there is reasonable and adequate assurance that:
(1) the doses to any individual in any controlled area will not exceed those specified in Section 30265;
(2) the dose to the whole body of any individual in an uncontrolled area will not exceed 0.5 rem in a year;
(3) The deposition of radioactive material in the body of any individual will not likely result in a greater risk to the individual than would be expected from the dose specified in Section 30104 (b)(1) or (2), as appropriate, based on guidance from such bodies as the International Commission on Radiological Protection, and the National Council on Radiation Protection and Measurements; and
(4) there is no significant hazard to life or property.
Note: Authority cited: Sections 208 and 25811, Health and Safety Code. Reference: Sections 25815 and 25876, Health and Safety Code.
s 30105. Deliberate Misconduct.
(a) A user, applicant for a license or registration, employee of a user or applicant, or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any user or applicant for a license or registration, who knowingly provides to any user, applicant, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a user's or applicant's activities subject to this regulation, shall not:
(1) Engage in deliberate misconduct, as defined in subsection (c), that causes or would have caused, if not detected, a user or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license issued by the Department; or
(2) Deliberately submit to the Department, a user, an applicant, or a user's or applicant's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the Department.
(b) A person who violates subsection (a) shall be subject to enforcement action in accordance with the Act.
(c) For the purposes of subsection (a), deliberate misconduct by a person means an intentional act or omission that the person knows:
(1) Would cause a user or applicant to be in violation of any rule, regulation, or order, or any term, condition, or limitation, or any license or registration issued by the Department; or
(2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a user, applicant, contractor, or subcontractor.
Note: Authority cited: Sections 100170, 100275, 115000, 115230 and 115235, Health and Safety Code. Reference: Sections 114965, 114970, 115000, 115215, 115230 and 115235, Health and Safety Code.
s 30108. Registration Requirement.
Every person possessing a reportable source of radiation shall register with the Department in accordance with the provisions of Sections 30110 through 30146.
Note: Authority cited: Sections 208 and 25811, Health and Safety Code. Reference: Section 25815, Health and Safety Code.
s 30110. Initial Registration.
(a) Every person not already registered who acquires a reportable source of radiation shall register with and pay the fee as specified in Section 30145 to the Department within 30 days of the date of acquisition.
(b) Every person who intends to acquire a radiation machine capable of operating at a potential in excess of 500 kVp shall notify the Department at least 60 days prior to his/her possession of the machine or at least 60 days prior to the commencement of construction or reconstruction of the room which will house the machine, whichever occurs first. This equipment shall not be used to treat patients until written approval of provisions for radiation safety has been obtained by the user from the Department.
(c) Every person who registers or renews a registration shall complete a separate registration form furnished by the Department for each separate installation.
Note: Authority cited: Sections 208 and 25811(c), Health and Safety Code. Reference: Section 25815(b), Health and Safety Code.
s 30111. Renewal of Registration.
Every person already registered pursuant to 30110 shall renew such registration annually and pay the fee as specified in Section 30145 to the Department on or before the registration renewal date.
Note: Authority cited: Sections 100275 and 115000(c), Health and Safety Code. Reference: Section 115060(b), Health and Safety Code.
s 30112. Registration Form.
s 30113. Separate Installations.
s 30115. Report of Change.
The registrant shall report in writing to the Department, within 30 days, any change in: registrant's name, address, location of the installation or receipt, sale, transfer, disposal or discontinuance of use of any reportable source of radiation.
Note: Authority cited: Sections 208 and 25811, Health and Safety Code. Reference: Section 25815, Health and Safety Code.
s 30116. Report of Discontinuance.
s 30117. Registration Shall Not Imply Approval.
s 30118. Vendor Obligation.
(a) Any manufacturer, distributor, retailer, agent, or any other person who sells, leases, transfers or lends a radiation machine to any person who may be required to register such machine shall notify the Department on a form approved by the Department no later than 30 days after the end of each calendar quarter of:
(1) The names and addresses of persons who have received such machines.
(2) The manufacturer and model of each such machine.
(3) The date of transfer of each radiation machine.
(4) Other related information as may be required by the Department.
(b) The vendor shall inform the receiver of each machine of the registration requirements of Section 30108 of these regulations.
Note: Authority cited: Sections 208 and 25811(c), Health and Safety Code. Reference: Section 25815(b), Health and Safety Code.
s 30120. Reportable Sources of Radiation.
s 30125. Excluded Material and Devices.
The following devices and materials do not require registration:
(a) Electrical equipment that produces radiation incidental to its operation for other purposes, but which does not produce radiation in any area accessible to individuals such that there is a reasonable likelihood that any individual will receive a radiation dose to the whole body, head and trunk, gonads, or lens of the eye or active blood-forming organs in excess of 0.5 rem in a year.
(b) All radioactive materials except as specified in Section 30192.1.
Note: Authority Cited: Sections 208 and 25811(c), Health and Safety Code. Reference: Section 25815(c), Health and Safety Code.
s 30126. Exempt Possessors.
Common and contract carriers are exempt from the requirement to register to the extent that they transport or store reportable sources of radiation in the regular course of their carriage for another or storage incident thereto.
Note: Authority cited: Sections 208 and 25811(c), Health and Safety Code. Reference: Section 25815(b), Health and Safety Code.
s 30130. Radiation Protection Standards.
s 30131. Records to be Maintained.
Note: Authority cited: Sections 100275 and 115000, Health and Safety Code. Reference: Section 115060, Health and Safety Code.
s 30140. Violations.
s 30145. Registration Fees.
(a) Each radiation machine that is a reportable source of radiation as defined in section 30100(t), is classified as one of the following:
(1) "High priority radiation machine," a radiation machine, which has high potential for exposing humans by means of heavy use, high radiation exposure, specialized use for radiosensitive areas of the human body, or misadjustment or malfunction of radiation safety features. A high priority radiation machine is further defined as one of the following machine types, or a machine that is used by any of the following categories of users:
(A) Orthopedist.
(B) Radiologist or roentgenogoloist.
(C) Chiropractor.
(D) Hospital.
(E) Medical clinic.
(F) Portable X-ray service (human use).
(G) Fluoroscope used on humans.
(H) Chest photofluorography (minifilm unit).
(I) Non-human use particle accelerator with maximum energy capable of equaling or exceeding 10 MeV.
(J) Non-human use radiation machine used in field radiography, as defined in Section 30336(c).
(2) "Medium priority radiation machine," a radiation machine not covered by subsections (a)(1), (a)(3) or (a)(4).
(3) "Dental priority radiation machine," a radiation machine used exclusively in dental radiography of human beings.
(4) "Special priority radiation machine," a radiation machine used for mammography.
(b) When a radiation machine is equipped with two or more tubes that can be used separately, each tube shall be considered as a single radiation machine.
(c) Except as provided in (d), initial registration shall be valid for a period of one year.
(d) The initial registration period for a reportable source of radiation being registered by a person who has a reportable source of radiation already registered with the Department shall be coterminous with the existing registration.
(e) Any fees collected for a radiation machine for any registration period shall be transferred to any replacement radiation machine for the remainder of the registration period.
(f) For initial registration or renewal of registration, the fees shall be $214.00 annually for each high priority radiation machine, $172.00 annually for each medium priority radiation machine, $79.00 annually for each dental priority radiation machine and, except as provided in section 30145.1, $475.00 annually for each special priority radiation machine. Where the initial registration period is less than one year pursuant to subsection (d), the initial registration fee shall be prorated, based on the priority classification and number of full months in the initial registration period in accordance with the following formula:
Initial Registration Fee = A x [B/ (12 Months)]
Where:
A = Annual fee as specified above, dollars per year
B = Number of full months remaining in coterminous period
(g) The total registration fee paid by a registrant for high priority, medium priority, special priority, and dental priority radiation machines, which are at the same installation, shall not exceed $6,000.00 per year.
(h) A late fee of 25% of the annual fee shall be charged for any registration fee which is 30 days past due.
(i) Fees required by this section shall be nonrefundable.
Note: Authority cited: Sections 100275, 115000, 115060, 115065, 115080 and 115085, Health and Safety Code. Reference: Sections 114980, 115080, 115085 and 115165, Health and Safety Code.
s 30145.1. Registration Fee, Mammography Exception.
The fee shall be $282.00 annually for each special priority radiation machine accredited by an independent accrediting agency recognized under the federal Mammography Quality Standards Act [42 U.S.C. 263(b)].
Note: Authority cited: Sections 100275, 115000(c), 115065, 115080 and 115085, Health and Safety Code. Reference: Sections 115080 and 115085, Health and Safety Code.
s 30146. Payment of Fee.
Each registration or registration renewal which reports possession of a radiation machine, and each report of change reporting the receipt of an additional radiation machine, shall be accompanied by an amount to pay the fee for the period to the next regularly scheduled registration renewal date.
Note: Authority cited: Sections 208 and 25811(c), Health and Safety Code. Reference: Section 25817, Health and Safety Code.
s 30170. Authority.
Note: Authority cited: Sections 102 and 208, Health and Safety Code. Reference: Sections 25780 and 25800 through 25870, Health and Safety Code.
s 30172. License Requirement.
Note: Authority cited: Sections 102, 208 and 25811, Health and Safety Code. Reference: Sections 25801, 25802, 25805, 25815, 25855, 25875 and 25876, Health and Safety Code.
s 30173. Communications.
Note: Authority cited: Sections 102, 208 and 25811, Health and Safety Code. Reference: Sections 25801, 25802, 25805, 25815, 25855, 25875 and 25876, Health and Safety Code.
s 30175. General Definitions.
Note: Authority cited: Sections 102, 208 and 25811, Health and Safety Code. Reference: Sections 25801, 25802, 25805, 25815, 25855, 25875 and 25876, Health and Safety Code.
s 30180. Exempt Persons, Products, Concentrations and Quantities.
(a) Any person is exempt from this regulation if such person:
(1) Is a common and contract carrier transporting radioactive material in the regular course of their carriage for another or storage incident thereto. Such carriers are subject to the provisions of Group 4, Transportation of Radioactive Material.
(2) Is licensed by the United States Nuclear Regulatory Commission under Title 10, Code of Federal Regulations, Part 150, Section 150.15, Continued Commission Regulatory Authority in Agreement States, or otherwise agreed upon by the Department and the Commission.
(3) Is under a prime contract with the United States Nuclear Regulatory Commission or the United States Department of Energy at a U.S. Government-owned or controlled site, including the transporting of radioactive material to or from such site, the performance of contract services during temporary interruptions of such transportation; for research in or development, manufacture, storage, testing or transportation of atomic weapons or components thereof; or for the use of nuclear devices in U.S. Government-owned vehicle or vessel; or under a subcontract when it is jointly determined by the Department and the United States Nuclear Regulatory Commission that an exemption is appropriate.
(b) The following products are exempt from this regulation:
(1) Timepieces, hands or dials therefor, containing any radioactive luminous material provided these have been distributed as exempt products in accordance with a United States Nuclear Regulatory Commission license: and any timepieces, hands or dials therefore containing radium activated luminous material.
(2) Automobile lock illuminators containing up to 15 millicuries of tritium or 2 millicuries of promethium 147 per lock.
(3) Compounds or mixtures with rare earth elements containing up to 0.25% by weight of source material.
(4) Glazed ceramic tableware containing up to 20% by weight of source material in the glaze.
(5) Glassware containing not more than 10 percent by weight source material; but not including commercially manufactured glass brick, pane glass, ceramic tile, or other glass or ceramic used in construction;
(6) Glass enamel or glass enamel frit containing not more than 10 percent by weight source material imported or ordered for importation into the United States, or initially distributed by manufacturers in the United States, before July 25, 1983.
(7) Photographic film, negatives, and prints containing source material.
(8) Incandescent gas mantles, vacuum tubes, electric lamps, and welding rods containing thorium.
(9) Any finished product or part fabricated of, or containing, tungsten-thorium or magnesium-thorium alloys; provided that the thorium content of the alloy does not exceed 4% by weight.
(10) Finished optical lenses containing up to 30% by weight of thorium, but not including spectacles, contact lenses, or eyepieces of optical instruments and subject to not altering the finished product by any process such as shaping, grinding, or polishing.
(11) Fire detector heads containing up to 0.005 microcuries of uranium per head.
(12) Electric lamps for illuminating purposes provided that each lamp does not contain more than 50 milligrams of thorium.
(13) Germicidal lamps, sun lamps and lamps for outdoor or industrial lighting provided that each lamp does not contain more than two grams of thorium.
(14) Personnel neutron dosimeters provided that each dosimeter does not contain more than 50 milligrams of thorium.
(15) Shipping containers utilizing natural or depleted uranium metal as shielding, if such container is and remains:
(A) Conspicuously impressed with the legend: "CAUTION -RADIOACTIVE SHIELDING - URANIUM" and;
(B) The uranium metal is encased in mild steel or equally fire resistant metal of minimum wall thickness of one eight inch (3.2 mm).
(16) Counterweights of uranium installed in, or store or handled in connection with installation in or removal from, aircraft, rockets, projectiles, or missiles, if each such counterweight has been manufactured pursuant to an appropriate specific license; and
(A) each counterweight manufactured prior to December 31, 1969 has been, and remains, impressed, labeled and marked in accordance with the provisions of that specific license at the time of manufacture;
(B) each counterweight manufactured on or after December 31, 1969 has been impressed with the following legend clearly legible through any plating or other covering: "DEPLETED URANIUM"; and is durably and legibly labeled or marked with the identification of the manufacturer, and the statement: "UNAUTHORIZED ALTERATIONS PROHIBITED."
(17) Precision balances or parts therefor, provided that no such balance contains more than 1.0 millicurie of tritium and no balance part contains more than 0.5 millicurie of tritium.
(18) Automobile shift quadrants containing not more than 25 millicuries of tritium.
(19) Marine compasses containing not more than 750 millicuries of tritium gas and other marine navigational instruments containing not more than 250 millicuries of tritium gas.
(20) Thermostat dials and pointers containing not more than 25 millicuries of tritium per thermostat.
(21) Thorium contained in any finished aircraft engine part containing nickel-thoria mixture, provided that:
(A) The thorium is dispersed in the nickel-thorium mixture in the form of finely divided thorium dioxide; and
(B) The thorium content of the mixture does not exceed 4% by weight.
(22) Electron tubes: Provided that each tube does not contain more than one of the following specified quantities of radioactive material:
(A) 150 millicuries of tritium per microwave receiver protector tube or 10 millicuries of tritium per any other electron tube;
(B) 1 microcurie of cobalt 60;
(C) 5 microcuries of nickel 63;
(D) 30 microcuries of krypton 85;
(E) 5 microcuries of cesium 137;
(F) 30 microcuries of promethium 147;
and provided further, that these have been manufactured and distributed pursuant to an appropriate specific license. Note:Electron tubes include spark gap tubes, power tubes, gas tubes including glow lamps, receiving tubes, microwave tubes, indicator tubes, pick-up tubes, radiation detection tubes and any other completely sealed tube that is designed to conduct or control electrical currents.)
(23) Synthetic plastic resins containing scandium 46 and designed for sand consolidation in oil wells provided such resins shall have been manufactured or imported in accordance with a specific license which authorizes their distribution as exempt products.
(24) Intact meters containing radium activated luminous material.
(25) Piezoelectric ceramic containing not more than 2 percent by weight source material.
(26) Gas and aerosol detectors containing radioactive material and designed to protect life or property from fires and airborne hazards provided such detectors have been manufactured or imported in accordance with a specific license which authorizes their distribution as exempt products.
(27) Self-luminous products containing tritium, krypton 85, or promethium 147 provided such products have been manufactured or imported in accordance with a specific license which authorizes their distribution as exempt products, and provided further that such products are not used primarily for frivolous purposes or as toys or adornments.
(28) Ionizing radiation measuring instruments containing, for purposes of internal calibration or standardization, one or more sources of radioactive material, provided that:
(A) Each source contains no more than one exempt quantity set forth in section 30235, Schedule A, and
(B) Each instrument contains no more than ten exempt quantities. For purposes of subsection (b)(28)(A) and (B), an instrument's source(s) may contain either one type or different types of radionuclides, and an individual exempt quantity may be composed of fractional parts of one or more of the exempt quantities in section 30235, Schedule A, provided that the sum of such fractions shall not exceed unity.
(C) For purposes of subsection (b)(28)(B), 0.05 microcurie of americium- 241 is considered an exempt quantity under section 30235, Schedule A.
(29) Spark gap irradiators containing not more than one microcurie of cobalt-60 per spark gap irradiator for use in electrically ignited fuel oil burners having a firing rate of at least three gallons per hour (11.4 liters per hour).
(30) Capsules containing one microcurie of carbon-14 urea each, for in vivo diagnostic use for humans. Persons who use the capsules for research involving human subjects shall possess a specific license issued pursuant to section 30195.
(c) The following concentrations and quantities are exempt from this regulation:
(1) Any naturally-occurring radioactive material, except source material, in concentrations which occur naturally. Unprocessed ore in its natural form containing source material is exempt. Refining and processing are not exempt.
(2) Any chemical mixture, compound, solution or alloy containing up to one-twentieth of one percent (0.05 percent) by weight of source material.
(3) Any radioactive material in concentration not exceeding those specified in section 30237, Schedule C, except that a specific license shall be required by any person to transfer possession or control of any product or material into which radioactive material has been introduced in such concentrations except for transfers to appropriately licensed persons for analytical test or waste disposal purposes. (continued)