§ 23-1.3-1. Definitions.
When used in this chapter:
(1) "Artificially produced radioactive material� means any radioactive material other
than by-product material, special nuclear material, and source material which is produced
by any unnatural process such as through the bombardment of material with high energy
atomic particles.
(2) "By-product material� means any radioactive material except special nuclear material
yielded in or made radioactive by exposure to the radiation incident to the process
of producing or utilizing special nuclear material.
(3) "Department� means the department of health.
(4) "Electronic product� means any manufactured product or device or component part of
a product or device that has an electronic circuit which during operation can generate
or emit a physical field of radiation.
(5) "General license� means a license effective pursuant to regulations promulgated by
the state radiation control agency without the filing of an application to transfer,
acquire, own, possess, or use quantities of, or devices of equipment utilizing, by-product,
source, special nuclear materials, or other radioactive material occurring naturally
or produced artificially. The agency may require notification of possession of generally
licensed materials.
(6) "Naturally occurring radioactive material� means any radioactive material that is
not otherwise defined in this section and whose origin 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 subdivision or agency of any other state, and
any legal successor, representative, agent or agency of these, and other than federal
government agencies licensed by the United States Nuclear Regulatory Commission, or
any successor to the commission.
(8) "Radiation� means:
(i) Ionizing radiation including gamma rays, x-rays, alpha particles, beta particles,
and other atomic or nuclear particles or rays; and
(ii) Any electromagnetic radiation that can be generated during the operation of a microwave
oven.
(9) "Radiation source� means any material or electronic product 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 filing with the state radiation control
agency of a form provided by the agency, and containing information that the agency
may require by its regulations.
(12) "Source material� means:
(i) Uranium, thorium, or any other material which the director of health declared by order
to be a source material after the United States Nuclear Regulatory Commission, or
any successor to the commission, has determined the material to be source material;
or
(ii) Ores containing one or more of the materials listed in paragraph (i), in a concentration
that the director of health declared by order to be source material after the United
States Nuclear Regulatory Commission, or any successor to the commission, has determined
the material in that concentration to be source material.
(13) "Special nuclear material� means:
(i) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235,
and any other material which the director of health declared by order to be special
nuclear material after the United States Nuclear Regulatory Commission, or any successor
to the commission, has determined the material to be special nuclear material, but
does not include source material; or
(ii) Any material artificially enriched by any of the material listed in paragraph (i),
but does not include source material.
(14) "Specific license� means a license, issued after application, to use, manufacture,
produce, transfer, receive, acquire, own, or possess quantities of, or devices or
equipment utilizing by-product, source, special nuclear materials, or other radioactive
material occurring naturally or produced artificially.
(15) "Unnecessary radiation� means radiation used in a manner that may present a hazard
to the health of the people or the industrial or agricultural potentials or the ecology
or wildlife of the state.