§360hh — Title 21 Food and Drugs | U.S. Code

Summary

Defines the main words used in this part. "Electronic product radiation" means any ionizing or non‑ionizing electromagnetic or particle radiation, or sonic, infrasonic, or ultrasonic waves, that come from a product when its electronic circuit is operating. "Electronic product" means a made or assembled item that has or is part of an electronic circuit and emits (or would emit without shielding) that radiation, including parts meant to be used in such items. "Manufacturer" means someone who makes, assembles, or imports electronic products. "Commerce" means trade between places in a State and places outside it, or trade entirely within the District of Columbia. "State" includes D.C., Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, and American Samoa.

Title 21, §360hh

Food and Drugs — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was classified to section 263c of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 101–629.

Amendments

1993—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.

Statutory Notes and Related Subsidiaries

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For

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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

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of 1968

Amendments

note under section 301 of this title. Transfer of Subpart;

Construction

Pub. 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 Agencies Pub. L. 90–602, § 4, Oct. 18, 1968, 82 Stat. 1187, provided that: “The

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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.”

§360hh Definitions

Summary

Title 21, §360hh

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Construction

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