Administrative Code

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Virginia Administrative Code
Title 12. Health
Agency 5. Department of Health
Chapter 481. Virginia Radiation Protection Regulations

12VAC5-481-3600. Conditions of specific licenses issued under 12VAC5-481-3560.

A. General terms and conditions.

1. Each license issued pursuant to this part shall be subject to all the provisions of the Act, now or hereafter in effect, and to all rules, regulations, and orders of the agency.

2. No license issued or granted under this part and no right to possess or utilize TENORM granted by any license issued pursuant to this part shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any license to any person unless the agency shall, after securing full information, find that the transfer is in accordance with the provisions of the Act, and shall give its consent in writing.

3. Each person licensed by the agency pursuant to this part shall confine use and possession of the TENORM licensed to the locations and purposes authorized in the license.

4. Each person licensed by the agency pursuant to this part is subject to the general license provisions of 12VAC5-481-3500, 12VAC5-481-3510, and 12VAC5-481-3520.

5. Each licensee shall:

a. Notify the agency, in writing, immediately following the filing of a voluntary or involuntary petition for bankruptcy under any Chapters of Title II (Bankruptcy) of the United States Code (11 USC) by or against a licensee, an entity (as that term is defined in 11 USC § 101 (15)) controlling a licensee or listing the license or licensee as property of the estate; or an affiliate (as that term is defined in 11 USC § 101 (2)) of the licensee.

b. Indicate in their bankruptcy notification the bankruptcy court in which the petition for bankruptcy was filed; and the date of the filing of the petition.

B. Quality control, labeling, and reports of transfer. Each person licensed under 12VAC5-481-3560 C shall:

1. Carry out adequate control procedures in the manufacture of the product to assure that each production lot meets the quality control standards approved by the agency;

2. Label or mark each unit so that the manufacturer, processor, producer, or initial transferor of the material or product and the TENORM in the product can be identified; and

3. Maintain records identifying, by name and address, each person to whom TENORM is transferred for use under 12VAC5-481-3480 B or the equivalent regulations of another licensing state, and stating the kinds, quantities, and uses of TENORM transferred. An annual summary report stating the total quantity of each radionuclide transferred under the specific license shall be filed with the agency. Each report shall cover the year ending December 31, and shall be filed within 90 days thereafter. If no transfers of TENORM have been made pursuant to 12VAC5-481-3560 C during the reporting period, the report shall so indicate.

Statutory Authority

§ 32.1-229 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 25, eff. September 20, 2006; amended, Virginia Register Volume 24, Issue 18, eff. June 12, 2008.

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