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.
Pub. L. 94–4841976—Par. (5). defined “State” to include Northern Mariana Islands.
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 90–602section 1 of Pub. L. 90–602section 301 of this titleFor short title of , which enacted provisions now comprising this part (§§ 360hh to 360ss), as the “Radiation Control for Health and Safety Act of 1968”, see , set out as a Short Title of 1968 Amendments note under .
42 U.S.C. 263b“The transfer of subpart 3 of part F of title III of the Public Health Service Act [ 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 [].”
“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.”
“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.”