30-651. Definitions

In this chapter, unless the context otherwise requires:

1. " Atomic energy" means all forms of energy released in the course of nuclear transformations, nuclear fission and nuclear fusion.

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 and the tailings or wastes produced by the extraction or concentration of uranium ore thorium from any ore processed primarily for its source material content.

3. " Department" means the department of health services.

4. " Diagnostic mammography" means an x-ray imaging of the breast performed on persons who have symptoms or physical signs indicative of breast disease.

5. " Director" means the director of the department.

6. " Electronic product" means:

(a) Any machine or device designed to produce a beam of ionizing radiation as the result of the operation of an electronic circuit or component.

(b) Class IIIb and IV lasers, as classified by the United States food and drug administration.

(c) Radio frequency heaters, dryers and sealers.

(d) Any device employing a source of radio frequency electromagnetic radiation within a protective enclosure and used for heating or curing materials in industrial or manufacturing applications and in restaurants or food vending establishments. This subdivision does not include microwave ovens manufactured as consumer products and used for home food preparation.

(e) Microwave and shortwave diathermy.

(f) Mercury vapor, metal halide and high-pressure sodium lamps used for commercial lighting and industrial manufacturing processes or sunlamps used in commercial establishments for the intentional irradiation of humans.

(g) Therapeutic ultrasound devices.

(h) Industrial ultrasonic welders and sealers.

7. " Electronic product radiation" means:

(a) Any ionizing or nonionizing electromagnetic or particulate radiation that is emitted from an electronic product.

(b) Any sonic, infrasonic or ultrasonic wave that is emitted from an electronic product as the result of the operation of an electronic circuit in the product.

8. " Ionizing radiation" means gamma rays and x-rays, alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles or rays.

9. " Operation" means adjustments or procedures by the user required for the equipment to perform its intended functions.

10. " Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency or political subdivision of this state, or any other state or political subdivision or agency of such state, and any legal successor, representative, agent, or agency of the foregoing, other than the United States nuclear regulatory commission or any successor, and other than federal government agencies and any other entities licensed by the United States nuclear regulatory commission or any successor.

11. " Radiation" means:

(a) Ionizing radiation, including gamma rays, x-rays, alpha and beta particles, high speed electrons, neutrons, protons and other nuclear particles or rays.

(b) Any electromagnetic radiation that may be produced by the operation of an electronic product.

(c) Any sonic, ultrasonic or infrasonic wave that may be produced by the operation of an electronic product.

12. " Radiation machine" means any manufactured devices or products producing any of the following:

(a) X-rays for medical, industrial, research and development or educational purposes.

(b) Electromagnetic radiation from an electronic product.

(c) Laser devices classified as class IIIb or IV by the United States food and drug administration.

(d) Diathermy machines.

13. " Radioactive material" means any material or materials, solid, liquid or gaseous, that emit radiation spontaneously.

14. " Screening mammography" means x-ray imaging of the breast of asymptomatic persons.

15. " Service" means major adjustments or repairs, usually requiring specialized training or tools, or both.

16. " Source material" means:

(a) Uranium, thorium or any other material that the governor declares by order to be source material after the United States nuclear regulatory commission or any successor has determined the material to be source material.

(b) Ores containing one or more of the materials, as provided in subdivision (a) of this paragraph, in such a concentration as the governor declares by order to be source material after the United States nuclear regulatory commission or any successor has determined the material in such a concentration to be source material.

17. " Sources of radiation" means radioactive materials, radiation machines and electronic products.

18. " Special nuclear material" means:

(a) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235 and any other material that the governor declares by order to be special nuclear material after the United States nuclear regulatory commission or any successor has determined the material to be special nuclear material, but does not include source material.

(b) Any material artificially enriched by any of the material provided in subdivision (a) of this paragraph, but does not include source material.