2015 US Code
Title 21 - Food and Drugs (Sections 1 - 2252)
Chapter 9 - Federal Food, Drug, and Cosmetic Act (Sections 301 - 399f)
Subchapter V - Drugs and Devices (Sections 351 - 360fff-7)
Part C - Electronic Product Radiation Control (Sections 360hh - 360ss)
Sec. 360hh - Definitions
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 21 - FOOD AND DRUGS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 21 - FOOD AND DRUGS CHAPTER 9 - FEDERAL FOOD, DRUG, AND COSMETIC ACT SUBCHAPTER V - DRUGS AND DEVICES Part C - Electronic Product Radiation Control Sec. 360hh - Definitions |
Contains | section 360hh |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | No |
Disposition | standard |
Short Titles | "Radiation Control for Health and Safety Act of 1968", see section 1 of Pub. L. 90-602, set out as a Short Title of 1968 Amendments note under section 301 of this title. |
Source Credit | June 25, 1938, ch. 675, §531, formerly act July 1, 1944, ch. 373, title III, §531, formerly §355, as added Pub. L. 90-602, §2(3), Oct. 18, 1968, 82 Stat. 1174; amended Pub. L. 94-484, title IX, §905(b)(1), Oct. 12, 1976, 90 Stat. 2325; renumbered §531 and amended Pub. L. 101-629, §19(a)(1)(B), (3), (4), Nov. 28, 1990, 104 Stat. 4529, 4530; Pub. L. 103-80, §4(a)(2), Aug. 13, 1993, 107 Stat. 779. |
Statutes at Large References | 82 Stat. 1174, 1186, 1187 90 Stat. 2325 93 Stat. 695 104 Stat. 4529, 4530 107 Stat. 779 |
Public and Private Laws | Public Law 90-602, Public Law 94-484, Public Law 96-88, Public Law 101-629, Public Law 103-80 |
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As used in this part—
(1) the term "electronic product radiation" means—
(A) any ionizing or non-ionizing electromagnetic or particulate radiation, or
(B) any sonic, infrasonic, or ultrasonic wave, which is emitted from an electronic product as the result of the operation of an electronic circuit in such product;
(2) the term "electronic product" means (A) any manufactured or assembled product which, when in operation, (i) contains or acts as part of an electronic circuit and (ii) emits (or in the absence of effective shielding or other controls would emit) electronic product radiation, or (B) any manufactured or assembled article which is intended for use as a component, part, or accessory of a product described in clause (A) and which when in operation emits (or in the absence of effective shielding or other controls would emit) such radiation;
(3) the term "manufacturer" means any person engaged in the business of manufacturing, assembling, or importing of electronic products;
(4) the term "commerce" means (A) commerce between any place in any State and any place outside thereof; and (B) commerce wholly within the District of Columbia; and
(5) the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, and American Samoa.
(June 25, 1938, ch. 675, §531, formerly act July 1, 1944, ch. 373, title III, §531, formerly §355, as added Pub. L. 90–602, §2(3), Oct. 18, 1968, 82 Stat. 1174; amended Pub. L. 94–484, title IX, §905(b)(1), Oct. 12, 1976, 90 Stat. 2325; renumbered §531 and amended Pub. L. 101–629, §19(a)(1)(B), (3), (4), Nov. 28, 1990, 104 Stat. 4529, 4530; Pub. L. 103–80, §4(a)(2), Aug. 13, 1993, 107 Stat. 779.)
CODIFICATIONSection was classified to section 263c of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 101–629.
AMENDMENTS1993—Pub. L. 103–80 amended directory language of Pub. L. 101–629, §19(a)(4), which renumbered section 263c of Title 42, The Public Health and Welfare, as this section.
1990—Pub. L. 101–629, §19(a)(1)(B), substituted "this part" for "this subpart" in introductory provisions.
1976—Par. (5). Pub. L. 94–484 defined "State" to include Northern Mariana Islands.
SHORT TITLEFor short title of Pub. L. 90–602, which enacted provisions now comprising this part (§§360hh to 360ss), as the "Radiation Control for Health and Safety Act of 1968", see section 1 of Pub. L. 90–602, set out as a Short Title of 1968 Amendments note under section 301 of this title.
TRANSFER OF SUBPART; CONSTRUCTIONPub. L. 101–629, §19(c), Nov. 28, 1990, 104 Stat. 4530, provided that: "The transfer of subpart 3 of part F of title III of the Public Health Service Act [42 U.S.C. 263b et seq.] to the Federal Food, Drug, and Cosmetic Act [this chapter] does not change the application of the requirements of such subpart and such Act to electronic products which were in effect on the date of the enactment of this Act [Nov. 28, 1990]."
DEFINITION OF "SECRETARY" AND "DEPARTMENT"Pub. L. 90–602, §3, Oct. 18, 1968, 82 Stat. 1186, as amended by Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695, provided that: "As used in the amendments made by section 2 of this Act [enacting provisions now comprising sections 360hh to 360ss of this title], except when otherwise specified, the term 'Secretary' means the Secretary of Health and Human Services, and the term 'Department' means the Department of Health and Human Services."
NONINTERFERENCE WITH OTHER FEDERAL AGENCIESPub. L. 90–602, §4, Oct. 18, 1968, 82 Stat. 1187, provided that: "The amendments made by section 2 of this Act [enacting provisions now comprising sections 360hh to 360ss of this title] shall not be construed as superseding or limiting the functions, under any other provision of law, of any officer or agency of the United States."
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