2021 Oregon Revised Statutes
Chapter 453 - Hazardous Substances; Radiation Sources
Section 453.605 - Definitions for ORS 453.605 to 453.800.


(1) "By-product material" means radioactive material, other than special nuclear material, that is yielded or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.
(2) "Electronic product" means any manufactured product or device or component part of such a product or device that has an electronic circuit which during operation can generate or emit a physical field of radiation, such as, but not limited to microwave ovens, laser systems or diathermy machines.
(3) "Federal government" means the United States or any agency or instrumentality of the United States.
(4) "General license" means a license, effective under rules of the Oregon Health Authority without the filing of an application, to acquire, own, possess, use or transfer a device or equipment that produces radiation, or a quantity of, or a device or equipment that utilizes, by-product material, source material, special nuclear material or other radioactive material that occurs naturally or is produced artificially.
(5) "Person" means any of the following other than the United States Atomic Energy Commission or any successor thereto:
(a) Individual, group, association, firm, partnership, corporation, trust, estate, agency or public or private institution;
(b) Political subdivision or agency of this state;
(c) State other than this state or any political subdivision or agency of a state other than this state; or
(d) The legal successor, representative, agent or agency of a person listed in paragraphs (a) to (c) of this subsection.
(6) "Radiation" means:
(a) Ionizing radiation including gamma rays, X-rays, alpha and beta particles, protons, neutrons and other atomic or nuclear particles or rays.
(b) Any electromagnetic radiation that can be generated during the operations of electronic products and that the Oregon Health Authority has determined to present a biological hazard to the occupational or public health and safety but does not mean electromagnetic radiation that can be generated during the operation of an electronic product that is licensed by the Federal Communications Commission.
(c) Any sonic, ultrasonic or infrasonic waves that are emitted from an electronic product as a result of the operation of an electronic circuit in such product and that the authority has determined to present a biological hazard to the occupational or public health and safety.
(7) "Source material" means:
(a) Uranium, thorium or any other material that the Oregon Health Authority declares to be essential to the production of special nuclear material by an order made after the United States Atomic Energy Commission or any successor thereto has determined the material to be source material; or
(b) Ore that contains such a concentration of one or more materials mentioned in paragraph (a) of this subsection that the authority declares the ore to be essential to the production of special nuclear material by an order made after the United States Atomic Energy Commission or any successor thereto has determined such ore to be source material.
(8) "Special nuclear material" means any of the following that is not source material:
(a) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, or any other material that the Oregon Health Authority declares to be capable of releasing substantial quantities of atomic energy by an order made after the United States Atomic Energy Commission or any successor thereto has determined the material to be special nuclear material.
(b) Material artificially enriched by any material mentioned in paragraph (a) of this subsection.
(9) "Specific license" means a license, issued after application, to receive, acquire, own, possess, use, manufacture, produce or transfer a device or equipment that produces radiation, or a quantity of, or a device or equipment that utilizes, by-product material, source material or special nuclear material or other radioactive material that occurs naturally or is produced artificially.
(10) "Vendor" means a person who is licensed under ORS 453.671.
(11) "X-ray machine" means a device or equipment that produces radiation when in operation but does not utilize by-product material, source material, special nuclear material or other radioactive material that occurs naturally or is produced artificially.
(12) "X-ray machine registration" means an authorization granted by the Oregon Health Authority allowing the operation of an X-ray machine. [1961 c.664 §3; 1973 c.90 §1; 1995 c.444 §12; 2001 c.900 §258; 2009 c.595 §899; 2021 c.513 §2]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 12 - Public Health

Chapter 453 - Hazardous Substances; Radiation Sources

Section 453.001 - Definitions for ORS 453.001 to 453.185.

Section 453.005 - Definitions for ORS 453.005 to 453.135.

Section 453.015 - Application.

Section 453.025 - Certain practices not affected by ORS 453.005 to 453.135.

Section 453.035 - Standards for labeling of hazardous substances.

Section 453.045 - Poison registers; contents.

Section 453.055 - Hazardous, banned hazardous, misbranded hazardous substances; declaration; removal from commerce.

Section 453.065 - Detention of suspected substances; petition for label of condemnation; judgment, relabeling or destruction of substances; expenses.

Section 453.075 - Repurchase of banned hazardous substances previously sold; refund of purchase price.

Section 453.085 - Prohibited acts.

Section 453.095 - Rules; determination of combustibility, flammability; designating strong sensitizers.

Section 453.105 - Authority to enter premises; inspections; taking samples; payment.

Section 453.115 - Access to records of persons carrying, receiving or storing in commerce; use as evidence limited; exemption for carriers.

Section 453.205 - Definitions for ORS 453.205 to 453.275.

Section 453.215 - Legislative findings.

Section 453.235 - Distribution of material containing toxic substances; warnings required; exemptions.

Section 453.245 - Order or purchase by school of material considered to contain toxic substance prohibited; exceptions.

Section 453.255 - List of authorized art and craft materials; distribution of lists; information about and disposal of toxic materials.

Section 453.265 - Filing of formulation information with poison control centers required; labeling.

Section 453.307 - Definitions for ORS 453.307 to 453.414.

Section 453.312 - Legislative findings.

Section 453.317 - Hazardous substance survey; rules; information to be supplied.

Section 453.322 - Retention of information; distribution of and access to information.

Section 453.327 - Public access; identity of requester.

Section 453.332 - When disclosure of identity may be withheld.

Section 453.337 - When disclosure of identity of hazardous substance required.

Section 453.342 - When incident of injury to be reported; summary of injuries.

Section 453.347 - Emergency response planning.

Section 453.357 - Civil penalty.

Section 453.362 - Department of Consumer and Business Services to supply employers’ names; reimbursement.

Section 453.370 - Limitations on local community right to know regulatory programs; local fees.

Section 453.374 - Hazardous material emergency response system; implementation; contents; rules; fees.

Section 453.376 - Disclosure of information to State Fire Marshal; entry onto premises.

Section 453.378 - Disclosure of information to local government official; entry onto premises.

Section 453.382 - Cost of responding to emergency; responsibility; billing; recovery.

Section 453.386 - Equipment and personnel; loaning; grants.

Section 453.388 - Contracts for equipment, personnel loans or equipment purchases; provisions; rules.

Section 453.390 - Revolving fund; use.

Section 453.392 - Spills or releases during transportation by rail; coordinated response plan; report.

Section 453.394 - Oil and Hazardous Material Transportation by Rail Action Fund.

Section 453.396 - Definitions for ORS 453.396 to 453.414.

Section 453.400 - Possession of hazardous substance; fee.

Section 453.402 - Fees; statement; schedules; uses; collection; local hazardous substance fees.

Section 453.404 - Extension of payment date.

Section 453.406 - Records of hazardous substance possessed; examinations.

Section 453.408 - Rules.

Section 453.520 - Department of the State Fire Marshal as state emergency response commission.

Section 453.605 - Definitions for ORS 453.605 to 453.800.

Section 453.615 - Statement of policy.

Section 453.625 - Purpose of ORS 453.605 to 453.800.

Section 453.635 - State Radiation Control Agency; duties; applicability of ORS 453.605 to 453.800.

Section 453.665 - Licenses; application; modifications; exemptions; rules.

Section 453.671 - Vendor license; rules.

Section 453.675 - State assumption of federal responsibility for radiation sources; effect of federal licenses.

Section 453.685 - Entry on property for inspection purposes; issuance of warrant; liability for entry.

Section 453.695 - Records concerning radiation source; notice of exposure to radiation source.

Section 453.726 - Definitions for ORS 453.726 to 453.734.

Section 453.727 - Purpose of ORS 453.726 to 453.734.

Section 453.728 - Tanning device to comply with federal requirements; exception for certain phototherapy devices.

Section 453.729 - Standards and regulation of tanning devices; rules; fee; inspection.

Section 453.730 - Written warning statement and sign; content; rules.

Section 453.734 - Prohibition on use of tanning devices by persons under 18 years of age; exceptions; rules.

Section 453.745 - Intergovernmental cooperation to control radiation sources.

Section 453.752 - X-ray machine registration; inspection and testing requirements; evidence of registration.

Section 453.754 - Application for X-ray machine registration; renewal notice.

Section 453.757 - X-ray machine biennial registration fee; annual license fees; use of fees; rules.

Section 453.761 - X-ray machine registration period; denial, conditioning, suspension or revocation of registration; termination.

Section 453.766 - Prohibited conduct.

Section 453.775 - Duties of Oregon Health Authority pertaining to X-ray machines.

Section 453.780 - Radiology inspectors; license; minimum qualifications.

Section 453.785 - Accreditation; renewal.

Section 453.790 - Power of Oregon Health Authority to condition, suspend, revoke or refuse to renew radiology inspector accreditation; rules.

Section 453.795 - Duties of Oregon Health Authority pertaining to accreditation of radiology inspectors; rules.

Section 453.800 - X-ray Machine Inspection Account; sources; use of moneys in account.

Section 453.805 - Elimination of radiation source danger; compelling compliance.

Section 453.807 - When hearing required; procedure; rules.

Section 453.825 - Department of Transportation plan for regulating transport of hazardous substances and radioactive waste.

Section 453.858 - Definitions for ORS 453.855 to 453.912.

Section 453.864 - Rules.

Section 453.867 - Restriction on transfer of property used as illegal drug manufacturing site; contracts voidable.

Section 453.870 - Transfer allowed after full disclosure.

Section 453.873 - Entry onto property; purposes; inspection.

Section 453.876 - Determination that property is not fit for use; appeal; notice to local residents.

Section 453.882 - Contaminated property as public nuisance.

Section 453.885 - Decontamination of property; certification process.

Section 453.886 - Notice by county or local government required before incurring costs; owner’s or lienholder’s proposal for decontamination and certification; injunction to prevent use of property; priority for liens for costs incurred.

Section 453.888 - License required to perform decontamination; procedure; grounds for denial, revocation or suspension of license; civil penalty; rules.

Section 453.894 - Licensing fees; rules.

Section 453.990 - Criminal penalties.

Section 453.995 - Civil penalties.