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

Summary

The Secretary must carry out three studies and send reports to Congress by January 1, 1970, and later when needed. The first study looks at how federal and state governments control health risks from radiation from electronic products and other ionizing radiation. It covers things like control of radioactive materials not covered by the Atomic Energy Act, gaps or inconsistencies in rules, the sale of old used equipment (for example, old X‑ray machines), ways to make controls more consistent and effective, how to strengthen state radiological programs, and whether the Secretary should be allowed to make agreements with states about who does what. The second study checks if standards are needed for using nonmedical electronic products in business and industry. The third study finds practical ways to detect and measure radiation from products made or imported before any new standards take effect. Other federal agencies, states (including those that regulate radioactive materials under section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021)), and interested professional, labor, and industry groups should be invited to help. The Secretary must keep interested congressional committees updated and let them send observers to meetings. The Secretary organizes the studies and must include any requested dissenting views in the report.

Title 21, §360jj

Food and Drugs — Source: USLM XML via OLRC

(a)The Secretary shall conduct the following studies, and shall make a report or reports of the results of such studies to the Congress on or before January 1, 1970, and from time to time thereafter as he may find necessary, together with such recommendations for legislation as he may deem appropriate:

(1)A study of present State and Federal control of health hazards from electronic product radiation and other types of ionizing radiation, which study shall include, but not be limited to—

(A)control of health hazards from radioactive materials other than materials regulated under the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.];

(B)any gaps and inconsistencies in present controls;

(C)the need for controlling the sale of certain used electronic products, particularly antiquated X-ray equipment, without upgrading such products to meet the standards for new products or separate standards for used products;

(D)measures to assure consistent and effective control of the aforementioned health hazards;

(E)measures to strengthen radiological health programs of State governments; and

(F)the feasibility of authorizing the Secretary to enter into arrangements with individual States or groups of States to define their respective functions and responsibilities for the control of electronic product radiation and other ionizing radiation;

(2)A study to determine the necessity for the development of standards for the use of nonmedical electronic products for commercial and industrial purposes; and

(3)A study of the development of practicable procedures for the detection and measurement of electronic product radiation which may be emitted from electronic products manufactured or imported prior to the effective date of any applicable standard established pursuant to this part.

(b)In carrying out these studies, the Secretary shall invite the participation of other Federal departments and agencies having related responsibilities and interests, State governments—particularly those of States which regulate radioactive materials under section 274 of the Atomic Energy Act of 1954, as amended [42 U.S.C. 2021], and interested professional, labor, and industrial organizations. Upon request from congressional committees interested in these studies, the Secretary shall keep these committees currently informed as to the progress of the studies and shall permit the committees to send observers to meetings of the study groups.

(c)The Secretary or his designee shall organize the studies and the participation of the invited participants as he deems best. Any dissent from the findings and recommendations of the Secretary shall be included in the report if so requested by the dissenter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Atomic Energy Act of 1954, referred to in subsec. (a)(1)(A), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 2011 of Title 42 and Tables. Codification Section was classified to section 263e 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 263e of Title 42, The Public Health and Welfare, as this section. 1990—Subsec. (a)(3). Pub. L. 101–629, § 19(a)(1)(B), substituted “this part” for “this subpart”.

Statutory Notes and Related Subsidiaries

Noninterference With Other Federal AgenciesEnactment of this section not to be construed to supersede or limit the functions under any other provision of law of any officer or agency of the United States, see section 4 of Pub. L. 90–602, set out as a note under section 360hh of this title.

§360jj Studies by Secretary