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Measure

Radiation Protection and Waste Disposal Regulations: Atomic Energy and Radiation Protection Act, 2005 (Act No. 5 of 2005)

Type Class Valid From Valid To
General Goods 16/01/2012
Summary:

The Director-General can grant type approval for consumer products if they are unlikely to pose a significant risk of exposure to ionizing radiation. Approved products fall into categories where possession, import, or use does not require further authorization if they don't significantly increase radiation exposure.

Anyone importing a radiation source without radioactive material must notify customs, which will authorize the import and notify the Director-General. This authorization is valid for one month and does not cover further use or possession. Importers must ensure products have clear labels indicating the presence of radioactive material and provide usage instructions.

Additionally, containers of radioactive materials from recognized foreign suppliers are deemed compliant if they meet their home country's regulations. Importers of sealed sources with high activity levels must have a contractual agreement for the return of the source after its useful life and submit this agreement to the relevant authority. They must return the source within 15 years or manage its disposal at their own cost.

Description:

Type approval
4.     (1)      The Director-General may grant type approval for any consumer product, if
in his or her opinion, products of that type are unlikely to expose any person to a significant risk of
exposure to ionising radiation.
(2)      When type approval is granted, the product must be placed in one of the following
categories –
(a)      products referred to in regulation 3(4)(c) or 3(4)(d);
(b)      products whose possession, import, use and installation does not require an
authorisation if the product will not (even if it malfunctions or is used incorrectly
or when it is disposed of) create a substantial risk of increasing radiation exposure
significantly above background levels of radiation;

Notification
5.     (1)      Any person who imports a radiation source that does not contain radioactive
material must notify a customs officer who may grant an authorisation for the import and transport
of the source.
(2)      The customs officer referred to in subregulation (1) must notify the Director- General
as soon as possible of the import in question.

(3)      The authorisation referred to in subregulation (1) remains valid for one month only
and does not apply to the use or further possession of the source.
(4)      Notwithstanding subregulation (1), a person referred to in that subregulation may
beforehand obtain an authorisation for the import from the Director-General.
(5)      The authorisation referred to in subregulation (4) must be handed to the customs
officer on the import of the source concerned for his or her endorsement.
(6)      A customs officer must inform the Director-General of the import in question as
soon as possible after he or she has issued an authorisation in terms of subregulation (1) or he or she
has made the endorsement as contemplated in subregulation (5).

(3)      The authorisation referred to in subregulation (1) remains valid for one month only
and does not apply to the use or further possession of the source.
(4)      Notwithstanding subregulation (1), a person referred to in that subregulation may
beforehand obtain an authorisation for the import from the Director-General.
(5)      The authorisation referred to in subregulation (4) must be handed to the customs
officer on the import of the source concerned for his or her endorsement.
(6)      A customs officer must inform the Director-General of the import in question as
soon as possible after he or she has issued an authorisation in terms of subregulation (1) or he or she
has made the endorsement as contemplated in subregulation (5).

(3)      Persons who import consumer products contemplated in subregulation (1)(b), for
sale and distribution to the public,must ensure that –
(a)      legible labels are visibly and firmly affixed to each consumer product and its package,
stating, in English, that –
          (i)      the product contains radioactive material; and
          (ii)      the sale of the product to the public has been authorised by the Authority of
the country of manufacture or origin;
(b)      basic information and instructions on the precautions of use and disposal of the
product, written in English, are made available with the product.

(2)      Any container of radioactive material imported from recognised foreign suppliers
must be deemed to comply with provisions of these conditions relating to the packing, marking and
labelling of radioactive material if it is packed, marked and labelled in accordance with the law in
that connection in force for the time being in the country of origin.

Return of sources to supplier
65.     Aperson or organisation that appliesto import a sealed source containing radioactive
material which ten years after purchase will have an activity greater than 100 MBq must –
(a)      require the supplier, as a condition of any contract for purchase or as acceptance of
any gift, to receive the source back after its useful lifetime within one year of the
recipient requesting such return;
(b)      request to return the source to the supplier not later than 15 years after purchase as
contemplated in paragraph (a);
     (c)      submit to the Authority a copy of relevant parts of the contract or acceptance
document and obtain its written agreement prior to entering the contract in force or
accepting the source; and 

 (d)      return the source to the supplier within 15 years or if later ensure that the source is
conditioned, stored and disposed of at the cost of the waste generator.

 

Commodities Affected by the Measure

# HS Code Description
1 2612 Uranium or thorium ores and concentrates
2 2844 Radioactive chemical elements and radioactive isotopes (including the fissile or fertile chemical elements and isotopes) and their compounds; mixtures and residue containing these products .

Procedures Implementing the Measure

No procedures found under this measure.

Legal Documents Related to the Measure

Name Type Category
Atomic Energy and Radiation Protection Act, 2005. Act Import/Export