(1) Licensing the
Distribution of Radioactive Material in Exempt Concentrations. Authority to
transfer possession or control by the manufacturer, processor, or producer of
any equipment, device, commodity or other product containing by-product
material whose subsequent possession, use, transfer and disposal by all other
persons are exempted from regulatory requirements may be obtained only from the
NRC, Washington, D.C. 20555. No person may introduce radioactive materials into
a product or material knowing or having reason to believe that it will be
transferred to persons exempt under subsection
64E-5.203(1),
F.A.C., NRC or equivalent regulations of an Agreement State, except in
accordance with a license issued by the NRC under
10 CFR section
32.11.
(2) Licensing the Distribution of Radioactive
Material in Exempt Quantities. Authority to transfer possession or control by
the manufacturer, processor, or producer of any equipment, device, commodity or
other product containing byproduct material whose subsequent possession, use,
transfer and disposal by all other persons are exempted from regulatory
requirements may be obtained only from the NRC, Washington, D.C. 20555. No
person may introduce radioactive materials into a product or material knowing
or having reason to believe that it will be transferred to persons exempt under
subsection
64E-5.203(1),
F.A.C., NRC or equivalent regulations of an Agreement State, except in
accordance with a license issued by the NRC under
10 CFR section
32.11.
(3) Licensing the Distribution of Radioactive
Material in Exempt Items. Authority to transfer possession or control by the
manufacturer, processor, or producer of any equipment, device, commodity or
other product containing by-product material whose subsequent possession, use,
transfer and disposal by all other persons are exempted from regulatory
requirements may be obtained only from the NRC, Washington, D.C. 20555. No
person may introduce radioactive materials into a product or material knowing
or having reason to believe that it will be transferred to persons exempt under
subsection
64E-5.203(1),
F.A.C., NRC or equivalent regulations of an Agreement State, except in
accordance with a license issued by the NRC under
10 CFR section
32.11.
(4) Licensing the Manufacture and
Distribution of Devices to General Licensees Under subsection
64E-5.206(4),
F.A.C.
(a) An application for a specific
license to manufacture or distribute devices containing radioactive material,
excluding special nuclear material, to persons possessing a general license
under subsection
64E-5.206(4),
F.A.C., or equivalent regulations of the U.S. Nuclear Regulatory Commission, an
Agreement State or a Licensing State will be approved if:
1. The applicant satisfies the general
requirements of Rule
64E-5.208, F.A.C.,
2. The applicant submits sufficient
information relating to the design, manufacture, prototype testing, quality
control, labels, proposed uses, installation, servicing, leak testing,
operating and safety instructions, and potential hazards of the device to
provide reasonable assurance that:
a. The
device can be safely operated by persons not having training in radiological
protection,
b. Under ordinary
conditions of handling, storage and use of the device, the radioactive material
contained in the device will not be released or inadvertently removed from the
device, and it is unlikely that any person will receive a dose in excess of 10
percent of the limits specified in Rule
64E-5.304, F.A.C.;
and,
c. Under accident conditions
such as fire and explosion associated with handling, storage and use of the
device, it is unlikely that any person would receive an external radiation dose
or dose commitment in excess of the following organ doses:
(I) Whole body; head and trunk; active
blood-forming organs; gonads; or lens of eye - 15 rems (150 mSv),
(II) Hands and forearms; feet and ankles;
localized areas of skin averaged over areas no larger than 1 square centimeter
- 200 rems (2 Sv),
(III) Other
organs - 50 rems (500 mSv); and,
3. Each device bears a durable, legible,
clearly visible label or labels approved by the Department which contain in a
clearly identified and separate statement:
a.
Instructions and precautions necessary to assure safe installation, operation
and servicing of the device; documents such as operating and service manuals
may be identified in the label and used to provide this information.
b. The requirement, or lack of requirement,
for leak testing, or for testing any on-off mechanism and indicator, including
the maximum time interval for such testing, and the identification of
radioactive material by isotope, quantity of radioactivity, and date of
determination of the quantity; and,
c. The information called for in one of the
following statements, as appropriate, in the same or substantially similar
form. The model, serial number, and name of the manufacturer or distributor may
be omitted from this label provided the information is elsewhere specified in
labeling affixed to the device:
(I) The
receipt, possession, use and transfer of this device, model ___, serial no.
___, are subject to a general license or the equivalent and the regulations of
the U.S. Nuclear Regulatory Commission or a state with which the U.S. Nuclear
Regulatory Commission has entered into an agreement for the exercise of
regulatory authority. This label shall be maintained on the device in a legible
condition. Removal of this label is prohibited.
CAUTION - RADIOACTIVE MATERIAL
_____________________________
Name of manufacturer or distributor
(II) The receipt, possession, use and
transfer of this device, model ___, serial no. ___, are subject to a general
license or the equivalent, and the regulations of a Licensing State. This label
shall be maintained on the device in a legible condition. Removal of this label
is prohibited.
CAUTION - RADIOACTIVE MATERIAL
_____________________________
Name of manufacturer or
distributor
4. Each device having a separable source
housing that provides the primary shielding for the source also bears, on the
source housing, a durable label containing the device model number and serial
number, the radioisotope and quantity, the words "Caution Radioactive
Materials, " the radiation symbol described in Rule
64E-5.322, F.A.C., the name of
the manufacturer or initial distributor.
5. Each device containing at least 10
millicuries (370 MBq) of cesium-137, 0.1 millicuries (3.7 MBq) of strontium-90,
1 millicurie (37 MBq) of cobalt-60, or 1 millicurie (37 MBq) of americium-241
or any other element with atomic numbers greater than 92, based on the activity
indicated on the label, must bear a permanent label affixed to the source
housing if separable, or the device if the source housing is not separable,
that includes the words "Caution Radioactive Materials, " and if practical, the
radiation symbol described in Rule
64E-5.322, F.A.C. Example of a
permanent label include labels that are embossed, etched, stamped or engraved
to the source housing or device as applicable.
(b) In the event the applicant desires that
the device be required to be tested at intervals longer than 6 months, either
for proper operation of the on-off mechanism and indicator, if any, or for
leakage of radioactive material or for both, the applicant shall include in the
application sufficient information to demonstrate that such longer interval is
justified by performance characteristics of the device or similar devices and
by design features which have a significant bearing on the probability or
consequences of leakage of radioactive material from the device or failure of
the on-off mechanism and indicator. In determining the acceptable interval for
the test for leakage of radioactive material, the Department will consider the
following information:
1. Primary containment
or source capsule,
2. Protection of
primary containment,
3. Method of
sealing containment,
4. Containment
construction material,
5. Form of
contained radioactive material,
6.
Maximum temperature withstood during prototype tests,
7. Maximum pressure withstood during
prototype tests,
8. Maximum
quantity of contained radioactive material,
9. Radiotoxicity of contained radioactive
material; and,
10. Operating
experience with identical devices or similarly designed and constructed
devices.
(c) In the event
the applicant desires that the general licensee under Rule
64E-5.206, F.A.C., or under
equivalent regulations of the U.S. Nuclear Regulatory Commission, an Agreement
State or a Licensing State be authorized to install the device, collect the
sample to be analyzed by a specific licensee for leakage of radioactive
material, service the device, test the on-off mechanism and indicator, or
remove the device from installation, the applicant shall include in the
application written instructions to be followed by the general licensee,
estimated calendar quarter doses associated with such activity or activities,
and bases for such estimates. The submitted information shall demonstrate that
performance of such activity or activities by an individual untrained in
radiological protection, in addition to other handling, storage, and use of
devices under the general license, is unlikely to cause that individual to
receive a dose in excess of 10 percent of the limits specified in Rule
64E-5.304, F.A.C.
(d) If a device containing radioactive
material is transferred for use under the general license described in
subsection
64E-5.206(4),
F.A.C., each person that is licensed under subsection
64E-5.210(4),
F.A.C., shall provide the information specified in this section to each person
to whom a device is to be transferred. This information must be provided before
the device may be transferred. In the case of a transfer through an
intermediate person, the information must also be provided to the intended user
prior to the initial transfer to the intermediate person. The required
information includes the following:
1. A copy
of the general license contained in subsection
64E-5.206(4),
subparagraphs
64E-5.206(4)(c)
2., 3., and 4., or subparagraph
64E-5.206(4)(c)
12., F.A.C., do not apply to the particular device, those paragraphs may be
omitted,
3. A list of services that can only be
performed by a specific licensee,
4. Information on acceptable disposal options
including costs of disposal; and,
5. An indication that department policy is to
issue high civil penalties for improper disposal.
(e) If a device containing radioactive
material is transferred for use under an equivalent general license of an
Agreement State or the NRC, each person that is licensed under subsection
64E-5.210(4),
F.A.C., shall provide the information specified in this section to each person
to whom a device is to be transferred. This information must be provided before
the device may be transferred. In the case of a transfer through an
intermediate person, the information must also be provided to the intended user
prior to the initial transfer to the intermediate person. The required
information includes the following:
1. A copy
of the Agreement State or NRC equivalent to Rules
64E-5.103,
64E-5.343, and
64E-5.344, F.A.C. If a copy of
the NRC regulations is provided to a prospective general licensee in lieu of
the Agreement State's regulations, it shall be accompanied by a note explaining
that the use of the device is regulated by the Agreement State. If certain
parts of the regulations do not apply to the particular device, those
regulations may be omitted,
2. A
list of services that can only be performed by a specific licensee,
3. Information on acceptable disposal options
including costs of disposal; and,
4. The name or title, address, and phone
number of the contact at the Agreement State regulatory agency or U.S. Nuclear
Regulatory Commission, as applicable, from which additional information may be
obtained.
(f) Each device
that is transferred must meet the labeling requirements in subparagraphs
64E-5.210(4)(d)
3. through 5., F.A.C.
(g) If a
notification of bankruptcy has been made under subsection
64E-5.213(3),
F.A.C., or the license is to be terminated, each person licensed under
subsection
64E-5.210(4),
F.A.C., shall provide, upon request, to the department, U.S. Nuclear Regulatory
Commission and to any appropriate Agreement State, records of final disposition
required under paragraph
64E-5.210(4)(j),
F.A.C.
(h) Each person licensed
under subsection
64E-5.210(4),
F.A.C., shall comply with the following reporting and record keeping
requirements.
2. This report must be clear and legible and
contain the following data:
a. The identity of
each general licensee by name and mailing address for the location of use; if
no mailing address for the location of use, an alternative address for the
general licensee shall be submitted along with information on the actual
location of use,
b. The name,
title, and phone number of the person identified by the general licensee as
having knowledge of and authority to take required actions to ensure compliance
with the appropriate regulations and requirements,
c. The date of transfer,
d. The type, model number, and serial number
of the device transferred; and,
e.
The quantity and type of radioactive materials contained in the
device.
3. If one or more
intermediate persons will temporarily possess the device at the intended place
of use before its possession by the user, the report must include the same
information for both the intended user and each intermediate person and clearly
designate the intermediate person(s).
4. For devices received from a subsection
64E-5.206(4),
F.A.C., general licensee, the report must include the identity of the general
licensee by name and address, the type, model number, and serial number of the
device received, the date of receipt, and, in the case of devices not initially
transferred by the reporting licensee, the name of the manufacturer or initial
transferor.
5. If the licensee
makes changes to the device possessed by a subsection
64E-5.206(4),
F.A.C., general licensee, such that the label must be changed to update
required information, this report must identify the general licensee, the
device, and the changes to information on the device label.
6. The report must clearly identify the
specific licensee submitting the report and include the licenses number of the
specific licensee.
7. If no
transfers have been made to or from persons generally licensed under subsection
64E-5.206(4),
F.A.C., during the reporting period, the report must so
indicate.
(i) Each person
licensed under subsection
64E-5.210(4),
F.A.C., shall comply with the following additional reporting and record keeping
requirements for transfers and receipt of devices to Agreement States or the
NRC.
1. Report all transfers of devices to
persons for use under the general license in an Agreement State or the NRC,
that are equivalent to subsection
64E-5.206(4),
F.A.C., and all receipts of devices from persons licensed under a general
license in Agreement State or the NRC jurisdiction to the responsible Agreement
State or the NRC agency. This report must contain all of the information
described in "Transfers of Industrial Devices Report 04/2007."
2. The report must be clear and legible and
contain the following data:
a. The identity of
each general licensee by name and mailing address for the location of use; if
no mailing address for the location of use, an alternative address for the
general licensee shall be submitted along with information on the actual
location of use,
b. The name,
title, and phone number of the person identified by the general licensee as
having knowledge of and authority to take required actions to ensure compliance
with the appropriate regulations and requirements,
c. The date of transfer,
d. The type, model number, and serial number
of the device transferred; and,
e.
The quantity and type of radioactive materials contained in the
device.
3. If one or more
intermediate persons will temporarily possess the device at the intended place
of use before its possession by the user, the report must include the same
information for both the intended user and each intermediate person and clearly
designate the intermediate person(s).
4. For devices received from a general
licensee, the report must include the identity of the general licensee by name
and address, the type, model number, and serial number of the device received,
the date of receipt, and, in the case of devices not initially transferred by
the reporting licensee, the name of the manufacturer or initial
transferor.
5. If the licensee
makes changes to the device possessed by a general licensee, such that the
label must be changed to update required information, this report must identify
the general licensee, the device, and the changes to information on the device
label.
6. The report must clearly
identify the specific licensee submitting the report and include the license
number of the specific licensee.
7.
If no transfers have been made to or from a particular Agreement State or the
NRC during the reporting period, this information shall be reported to the
responsible Agreement State or the NRC agency upon request of the
agency.
8. The report must cover
each calendar quarter and must be filed within 30 days of the end of the
calendar quarter and must clearly indicate the period covered by the
report.
(j) The persons
shall maintain all information concerning transfers and receipts of devices
that supports the reports required by subsection
64E-5.210(4),
F.A.C. Records and reports described in subsection
64E-5.210(4),
F.A.C., shall be maintained for inspection by the department for a period of 3
years following the date of the recorded event.
(5) Special Requirements for the Manufacture,
Assembly or Repair of Luminous Safety Devices for Use in Aircraft. An
application for a specific license to manufacture, assemble or repair luminous
safety devices containing tritium or promethium 147 for use in aircraft, for
distribution to general licensees under subsection
64E-5.206(5),
F.A.C., will be approved if the requirements of Sections 32.53, 32.54, 32.55,
32.56 and 32.101 of 10 C.F.R., Part
32, or their equivalent and the general
requirements specified in Rule
64E-5.208, F.A.C., are
satisfied.
(6) Special Requirements
for License to Manufacture Calibration Sources Containing Americium 241,
Plutonium or Radium 226 for Distribution to Persons Generally Licensed Under
subsection
64E-5.206(6),
F.A.C. An application for a specific license to manufacture calibration and
reference sources containing americium 241, plutonium or radium 226 to general
licensees under subsection
64E-5.206(6),
F.A.C., will be approved if the requirements of Sections 32.57, 32.58, 32.59
and 32.102 of 10 C.F.R., Part
32 and Section 70.39 of 10 C.F.R., Part
70, or
their equivalent and the general requirements of Rule
64E-5.208, F.A.C., are
satisfied.
(7) Manufacture and
Distribution of Radioactive Material for Medical Use Under General License. In
addition to requirements set forth in Rule
64E-5.208, F.A.C., a specific
license authorizing the distribution of radioactive material for use by
physicians under the general license in subsection
64E-5.206(7),
F.A.C., will be issued if:
(a) The applicant
submits evidence that the radioactive material is to be manufactured, labeled
and packaged in accordance with a new drug application which the Commissioner
of Food and Drugs, Food and Drug Administration, has approved, or in accordance
with a license for a biological product issued by the Secretary, U.S.
Department of Health and Human Services; and,
(b) One of the following statements, as
appropriate, or a substantially similar statement which contains the
information called for in one of the following statements, appears on the label
affixed to the container or appears in the leaflet or brochure which
accompanies the package:
1. This radioactive
drug may be received, possessed and used only by physicians licensed by the
State of Florida to dispense drugs in the practice of medicine. Its receipt,
possession, use and transfer are subject to the regulations and a general
license or its equivalent of the U.S. Nuclear Regulatory Commission or of a
state with which the Commission has entered into an agreement for the exercise
of regulatory authority.
____________________
Name of Manufacturer
2. This radioactive drug may be received,
possessed and used only by physicians licensed by the State of Florida to
dispense drugs in the practice of medicine. Its receipt, possession, use and
transfer are subject to the regulations and a general license or its equivalent
of a Licensing State.
____________________
Name of Manufacturer
(8) Manufacture and Distribution of
Radioactive Material for Certain in
In Vitro Clinical or
Laboratory Testing Under General License. An application for a specific license
to manufacture or distribute radioactive material for use under the general
license of subsection
64E-5.206(8),
F.A.C., will be approved if:
(a) The
applicant satisfies the general requirements specified in Rule
64E-5.208, F.A.C.
(b) The radioactive material is to be
prepared for distribution in prepackaged units of:
1. Carbon 14 in units not exceeding 10
microcuries (370 kBq) each.
2.
Cobalt 57 in units not exceeding 10 microcuries (370 kBq) each.
3. Hydrogen 3 (tritium) in units not
exceeding 50 microcuries (1.85 MBq) each.
4. Iodine 125 in units not exceeding 10
microcuries (370 kBq) each.
5. Mock
iodine 125 in units not exceeding 0.05 microcurie (1.85 kBq) of iodine 129 and
0.005 microcurie (185 Bq) of americium 241 each.
6. Iodine 131 in units not exceeding 10
microcuries (370 kBq) each.
7. Iron
59 in units not exceeding 20 microcuries (740 kBq) each.
8. Selenium 75 in units not exceeding 10
microcuries (370 kBq) each.
(c) Each prepackaged unit bears a durable,
clearly visible label:
1. Identifying the
radioactive contents as to chemical form and radionuclide, and indicating that
the amount of radioactivity does not exceed 10 microcuries (370 kBq) of iodine
125, iodine 131, carbon 14, cobalt 57 or selenium 75; 50 microcuries (1.85 MBq)
of hydrogen 3 (tritium); 20 microcuries (740 kBq) of iron 59; or mock iodine
125 in units not exceeding 0.05 microcurie (1.85 kBq) of iodine 129 and 0.005
microcurie (185 Bq) of americium 241 each; and,
2. Displaying the radiation caution symbol
described in subsection
64E-5.322(1),
F.A.C., and the words, "CAUTION, RADIOACTIVE MATERIAL, " and "Not for Internal
or External Use in Humans or Animals."
(d) One of the following statements, as
appropriate, or a substantially similar statement which contains the
information called for in one of the following statements, appears on a label
affixed to each prepackaged unit or appears in a leaflet or brochure which
accompanies the package:
1. This radioactive
material may be received, acquired, possessed and used only by physicians,
veterinarians, clinical laboratories or hospitals and only for in
in
vitro clinical or laboratory tests not involving internal or external
administration of the material, or the radiation therefrom, to human beings or
animals. Its receipt, acquisition, possession, use and transfer are subject to
the regulations and a general license of the U.S. Nuclear Regulatory Commission
or of a state with which the Commission has entered into an agreement for the
exercise of regulatory authority.
____________________
Name of manufacturer
2. This radioactive material may be received,
acquired, possessed and used only by physicians, veterinarians, clinical
laboratories or hospitals and only for
in vitro clinical or
laboratory tests not involving internal or external administration of the
material, or the radiation therefrom, to human beings or animals. Its receipt,
acquisition, possession, use and transfer are subject to the regulations and a
general license of a Licensing State.
____________________
Name of manufacturer
(e) The label affixed to the unit, or the
leaflet or brochure which accompanies the package, contains adequate
information as to the precautions to be observed in handling and storing such
radioactive material. In the case of the mock iodine 125 reference or
calibration source, the information accompanying the source must also contain
directions to the licensee regarding the waste disposal requirements set out in
Part III.
(f) The applicant
satisfies the requirements specified in paragraph
64E-5.210(10)(b),
F.A.C.
(9) Licensing the
Manufacture and Distribution of Ice Detection Devices. An application for a
specific license to manufacture and distribute ice detection devices to general
licensees under subsection
64E-5.206(9),
F.A.C., will be approved if:
(a) The
applicant satisfies the general requirements of Rule
64E-5.208, F.A.C.;
and,
(b) The criteria of Sections
32.61, 32.62, and 32.103 of 10 C.F.R., Part
32, are met.
(10) Manufacture and Distribution of
Radiopharmaceuticals Containing Radioactive Material for Medical Use. An
application for a specific license to manufacture and distribute
radiopharmaceuticals containing radioactive material for use by persons
licensed pursuant to Part VI for the uses listed in Rules
64E-5.626,
64E-5.627,
64E-5.630 and
64E-5.664, F.A.C., will be
approved if:
(a) The applicant satisfies the
general requirements specified in Rule
64E-5.208, F.A.C.;
(b) The applicant submits evidence that:
1. The applicant is registered or licensed
with the U.S. Food and Drug Administration as a drug manufacturer, or
2. The applicant is registered or licensed as
a drug manufacturer as specified in Chapter 499, F.S., or
3. The applicant has a nuclear pharmacy
permit and only authorized nuclear pharmacists compound or dispense
radiopharmaceuticals as specified in Section
465.0193,
F.S.
(c) The applicant
submits information on the radionuclide, chemical and physical form, the
maximum activity per vial, syringe, generator, or other container of the
radioactive drug, and shielding provided by the packaging of the radioactive
material which is appropriate for safe handling and storage of
radiopharmaceuticals by medical use licensees;
(d) The applicant satisfies the following
labeling requirements:
1. The label affixed
to each transport radiation shield of any material of a radioactive drug
transferred for commercial distribution includes the radiation symbol and the
words "Caution, Radioactive Material, " or "Danger, Radioactive Material"; the
name of the radioactive drug or its abbreviation; and the quantity of the
radioactive material at a specified date and time. The time can be omitted for
radioactive drugs with a half life greater than 100 days.
2. A label affixed to each syringe, vial, or
other container used to hold a radioactive drug transferred for commercial
distribution includes the words "Caution, Radioactive Material, " or "Danger,
Radioactive Material" and an identifier that correlates the syringe, vial, or
other container with the information on the transport radiation shield label;
and,
(e) A licensee shall
possess and use instruments to measure the radioactivity of radioactive drugs.
The licensee shall have procedures for use of the instruments. The licensee
shall measure by direct measurements or by combination of measurements and
calculations the amount of radioactivity in doses of alpha-emitting,
beta-emitting, or photon-emitting radioactive drugs before transfer for
commercial distribution. In addition, the licensee shall:
1. Perform tests before initial use,
periodically, and following repair on each instrument for accuracy, linearity,
and geometry dependence appropriate for the use of the instrument and make
adjustments when needed; and,
2.
Check each instrument for constancy and proper operation at the beginning of
each day of use.
(f) An
application from a medical facility, educational institution, or Federal
facility to produce Positron Emission Tomography (PET) radiopharmaceuticals
containing for noncommercial transfer to licensees in its consortium licensed
for medical pursuant to Part VI, or equivalent Agreement State, or NRC rules
will be approved if:
2. The information required of paragraphs
64E-5.210(10)(c) and
(d), F.A.C., indicates the PET drugs to be
noncommercially transferred to members of its
consortium.
(11) Manufacture and Distribution of
Generators or Reagent Kits for Preparation of Radiopharmaceuticals Containing
Radioactive Material. An application for a specific license to manufacture and
distribute generators or reagent kits containing radioactive material for
preparation of radiopharmaceuticals by persons licensed pursuant to Part VI for
the uses listed in Rule
64E-5.627 or
64E-5.664, F.A.C., will be
approved if:
(a) The applicant satisfies the
general requirements specified in Rule
64E-5.208, F.A.C.;
(b) The applicant submits evidence that:
1. The generator or reagent kit is to be
manufactured, labeled and packaged in accordance with the Federal Food, Drug
and Cosmetic Act or the Public Health Service Act, such as a new drug
application (NDA) approved by the Food and Drug Administration (FDA), or a
"Notice of Claimed Investigational Exemption for a New Drug" (IND) that has
been accepted by the FDA, or
2. The
manufacture and distribution of the generator or reagent kit are not subject to
the Federal Food, Drug and Cosmetic Act and the Public Health Service
Act.
(c) The applicant
submits information on the radionuclide, chemical and physical form, packaging
including maximum activity per package, and shielding provided by the packaging
of the radioactive material contained in the generator or reagent
kit;
(d) The label affixed to the
generator or reagent kit contains information on the radionuclide, quantity and
date of assay; and,
(e) The label
affixed to the generator or reagent kit, or the leaflet or brochure which
accompanies the generator or reagent kit, contains:
1. Adequate information pertaining to
radiation safety on the procedures to be followed and the equipment and
shielding to be used in eluting the generator or processing radioactive
material with the reagent kit; and,
2. A statement that this generator or reagent
kit, as appropriate, is approved for use by persons licensed by the department
pursuant to Part VI for uses listed in Rule
64E-5.627, F.A.C., or under
equivalent licenses of the U.S. Nuclear Regulatory Commission, an agreement
state or a licensing state. The labels, leaflets, or brochures required by this
section are in addition to the labeling required by the Food and Drug
Administration (FDA) and they may be separate from or, with the approval of
FDA, may be combined with the labeling required by
FDA.
(12)
Manufacture and Distribution of Sources or Devices Containing Radioactive
Material for Medical Use.
(a) An application
for a specific license to manufacture and distribute sources and devices
containing radioactive material to persons licensed pursuant to Part VI for use
as a calibration, transmission or reference source or for the uses listed in
Rule
64E-5.631,
64E-5.634,
64E-5.664 or
64E-5.632, F.A.C., will be
approved if:
1. The applicant satisfies the
general requirements in Rule
64E-5.208, F.A.C.,
2. The applicant submits sufficient
information regarding each type of source or device pertinent to an evaluation
of its radiation safety, including:
a. The
radioactive material contained, its chemical and physical form, and amount,
b. Details of design and
construction of the source or device,
c. Procedures for, and results of, prototype
tests to demonstrate that the source or device will maintain its integrity
under stresses likely to be encountered in normal use and accidents,
d. For devices containing radioactive
material, the radiation profile of a prototype device,
e. Details of quality control procedures to
assure that production sources and devices meet the standards of the design and
prototype tests,
f. Procedures and
standards for calibrating sources and devices,
g. Legend and methods for labeling sources
and devices as to their radioactive content; and,
h. Instructions pertaining to radiation
safety for handling and storing the source or device; these instructions are to
be included on a durable label attached to the source or device or attached to
a permanent storage container for the source or device; provided, that
instructions which are too lengthy for such label may be summarized on the
label and printed in detail on a brochure which is referenced on the
label.
3. The label
affixed to the source or device, or to the permanent storage container for the
source or device, contains information on the radionuclide, quantity, date of
assay, and a statement that the name of source or device is licensed by the
department for distribution to persons licensed pursuant to Part VI or under
equivalent licenses of the U.S. Nuclear Regulatory Commission, an agreement
state or a licensing state, provided, that such labeling for sources which do
not require long term storage may be on a leaflet or brochure which accompanies
the source.
(b) In the
event the applicant desires that the source or device be required to be tested
for leakage of radioactive material at intervals longer than 6 months, he shall
include in his application sufficient information to demonstrate that such
longer interval is justified by performance characteristics of the source or
device or similar sources or devices and by design features that have a
significant bearing on the probability or consequences of leakage of
radioactive material from the source; and,
(c) In determining the acceptable interval
for test of leakage of radioactive material, the Department will consider the
following information:
1. Primary containment
or source capsule,
2. Protection of
primary containment,
3. Method of
sealing containment,
4. Containment
construction materials,
5. Form of
contained radioactive material,
6.
Maximum temperature withstood during prototype tests,
7. Maximum pressure withstood during
prototype tests,
8. Maximum
quantity of contained radioactive material,
9. Radiotoxicity of contained radioactive
material; and,
10. Operating
experience with identical sources or devices or similarly designed and
constructed sources or devices.
(13) Requirements for License to Manufacture
and Distribute Industrial Products Containing Depleted Uranium for Mass-Volume
Applications.
(a) An application for a
specific license to manufacture industrial products and devices containing
depleted uranium for use pursuant to subsection
64E-5.205(4),
F.A.C., or equivalent regulations of the U.S. Nuclear Regulatory Commission or
an Agreement State will be approved if:
1.
The applicant satisfies the general requirements specified in Rule
64E-5.208, F.A.C.,
2. The applicant submits sufficient
information relating to the design, manufacture, prototype testing, quality
control procedures, labeling or marking, proposed uses, and potential hazards
of the industrial product or device to provide reasonable assurance that
possession, use or transfer of the depleted uranium in the product or device is
not likely to cause any individual to receive in any period of 1 calendar
quarter a radiation dose in excess of 10 percent of the limits specified in
Subpart III A of these rules; and,
3. The applicant submits sufficient
information regarding the industrial product or device and the presence of
depleted uranium for a mass-volume application in the product or device to
provide reasonable assurance that unique benefits will accrue to the public
because of the usefulness of the product or device.
(b) In the case of an industrial product or
device whose unique benefits have not been demonstrated, the Department will
approve an application for a specific license under this subsection only if the
product or device is found to combine a high degree of utility and low
probability of uncontrolled disposal and dispersal of significant quantities of
depleted uranium into the environment.
(c) Each person licensed pursuant to
paragraph (13)(a), above, shall:
1. Maintain
the level of quality control required by the license in the manufacture of the
industrial product or device and in the installation of the depleted uranium
into the product or device,
2.
Label or mark each unit to:
a. Identify the
manufacturer of the product or device and the number of the license under which
the product or device was manufactured, the fact that the product or device
contains depleted uranium and the quantity of depleted uranium in each product
or device; and,
b. State that
receipt, possession, use and transfer of the product or device are subject to a
general license or the equivalent and the regulations of the U.S. Nuclear
Regulatory Commission or an Agreement State,
3. Assure that the depleted uranium before
being installed in each product or device has been impressed with the following
legend clearly legible through any plating or other covering: "Depleted
Uranium;"
4.
a. Furnish a copy of the general license
described in subsection
64E-5.205(4),
F.A.C., to each person to whom he transfers depleted uranium in a product or
device for use pursuant to the general license described in subsection
64E-5.205(4),
F.A.C., or
b. Furnish a copy of the
general license certificate of the U.S. Nuclear Regulatory Commission's or an
Agreement State's, or alternatively, furnish a copy of the general license
described in subsection
64E-5.205(4),
F.A.C., to each person to whom he transfers depleted uranium in a product or
device for use pursuant to the general license of the U.S. Nuclear Regulatory
Commission or an Agreement State, with a note explaining that use of the
product or device is regulated by the U.S. Nuclear Regulatory Commission or an
Agreement State under requirements substantially the same as those in
subsection
64E-5.205(4),
F.A.C.,
5. Report to the
Department all transfers of industrial products or devices to persons for use
under the general license described in subsection
64E-5.205(4),
F.A.C. Such report shall identify each general licensee by name and address, an
individual by name or position who may constitute a point of contact between
the Department and the general licensee, the type and model number of device
transferred, and the quantity of depleted uranium contained in the product or
device. The report shall be submitted within 30 days after the end of each
calendar quarter in which such a product or device is transferred to the
general licensee. If no transfers have been made to general licensees under
subsection
64E-5.205(4),
F.A.C., during the reporting period, the report shall so indicate,
6.
a.
Report to the U.S. Nuclear Regulatory Commission all transfers of industrial
products or devices to persons for use under the U.S. Nuclear Regulatory
Commission general license in Section 40.25 of 10 C.F.R., Part
40 ,
b. Report to the responsible state agency all
transfers of devices manufactured and distributed pursuant to subsection
64E-5.210(3),
F.A.C., for use under a general license in that state's rules equivalent to
subsection
64E-5.205(4),
F.A.C.,
c. Such report shall
identify each general licensee by name and address, an individual by name or
position who may constitute a point of contact between the agency and the
general licensee, the type and model number of the device transferred, and the
quantity of depleted uranium contained in the product or device. The report
shall be submitted within 30 days after the end of each calendar quarter in
which such product or device is transferred to the general licensee,
d. If no transfers have been made to U.S.
Nuclear Regulatory Commission licensees during the reporting period, this
information shall be reported to the U.S. Nuclear Regulatory Commission; and,
e. If no transfers have been made
to general licensees within a particular Agreement State during the reporting
period, this information shall be reported to the responsible Agreement State
agency upon the request of that agency; and,
7. Keep records showing the name, address and
point of contact for each general licensee to whom he transfers depleted
uranium in industrial products or devices for use pursuant to the general
license provided in subsection
64E-5.205(4),
F.A.C., or equivalent regulations of the U.S. Nuclear Regulatory Commission or
an Agreement State. The records shall be maintained for a period of 2 years and
shall show the date of each transfer, the quantity of depleted uranium in each
product or device transferred and compliance with the report requirements of
this section.
(14) A licensee, manufacturer or an initial
distributor of a sealed source or device containing a sealed source whose
product contains exempt NARM or is intended for use under a general or specific
license must submit a request for an evaluation of the sealed source or device
containing a sealed source and obtain a registration from the Department.
(a) The request for review of a sealed source
or device must be made in triplicate and include information about the design,
manufacture, prototype testing, quality control and assurance program,
labeling, leak testing and proposed uses. The licensee shall inform customers
of current reasonable disposal options for the radioactive material.
(b) The request for review of a device must
include information about installation, service and maintenance, operating and
safety instructions, and its potential hazards. The information shall provide
reasonable assurance that the radiation safety properties of the source or
device are adequate to protect public health, safety and property.
(c) The Department shall use criteria and
standards sufficient to ensure that the radiation safety properties of the
sealed source or device are adequate to protect public health, safety and
property. Criteria and standards used by the Department in evaluating a sealed
source or device include:
7. ANSI Standard, ANSI-HPS N43.6-2007, Sealed
Radioactive Sources Classification, which is herein incorporated by reference
and can be obtained from the internet at
http://hps.org/hpssc/documents/ansi_standards_order_form.pdf.
The Ansi publications referenced in this rule section: ANSI-HPS N43.8-2008;
ANSI-HPS N43.4-2005; ANSI-HPS N43.6-2007; are copyrighted materials. These
materials are available for public inspection and examination at the Florida
Department of State, Room 701, The Capitol, Tallahassee, Florida 32399-0250,
and at the Florida Department of Health, Bureau of Radiation Control, 4042 Bald
Cypress Way, Tallahassee, Florida 32399-1741.
(d) The licensee or applicant shall not
distribute devices or products containing sealed sources unless the devices or
sealed sources are manufactured and distributed in accordance with the
registration and as authorized by a specific radioactive materials license
issued by the department for such manufacture or distribution.
(e) The department shall not perform
registration of devices or products containing sealed sources for persons
outside the state.
(15)
Each licensee who manufactures a nationally tracked source after February 6,
2007 shall assign a unique serial number to each nationally tracked source.
Serial numbers must be composed only of alpha-numeric
characters.