Companies that manufacture consumer products with radioactive materials should review the Nuclear Regulatory Commission’s (NRC) revised Consumer Product Policy Statement.  The statement describes NRC’s approach to evaluating whether a consumer product with a radioactive material can be exempted from licensing and other requirements based on two factors—the size of the radioactive dose users of the product and the public will be exposed to and the usefulness of the product. 

The original policy statement was published in 1965 by the Atomic Energy Commission, NRC’s predecessor agency.  The NRC notes that the general language of the 1965 statement withstood the test of time.  However, the NRC believes the update reflects approaches and terminology more consistent with the agency’s current thinking on radiation protection and also recognizes relevant legislative and regulatory actions taken since the policy was originally issued.

Revisions

The updates are summarized as follows:

• The original phrases “permissible dose to the gonads” and “permissible body burden” have been removed and replaced by consideration of potential long-term external and internal exposure and total cumulative radiation dose.
• The policy includes new recognition of NRC’s authority to exempt products containing special nuclear material from licensing requirements.  Special nuclear materials are only mildly radioactive.  The NRC has never actually issued an exemption from licensing for products containing special nuclear material. 
• The policy includes new recognition of licensing exemptions for products within specific classes provided certain safety criteria are met.
• More specific criteria are included to better address the level of risk acceptable for accident and misuse scenarios.
• The policy changes the types of consumer products used as illustrations.  For example, thoriated tungsten welding rods and shipping containers constructed with uranium as shielding were used as illustrations in the original policy but are not common consumer products.  The NRC has replaced these examples with electron tubes and smoke detectors. 

Usefulness

The policy does not require an “extensive evaluation” of the degree of benefit or usefulness of a product.  “However, in cases where tangible benefits to the public are questionable and approval of a product may result in widespread use of radioactive material, such as in common household items, the degree of usefulness and benefit to the public may be a deciding factor,” states the NRC.  “In particular, the Commission considers that the use of radioactive material in toys, novelties, and adornments may be of marginal benefit.”

In addition, the updated policy states that applications for approval of off-the-shelf items that are subject to mishandling, especially by children, will be approved only if they are found to combine an “unusual degree of utility and safety.”