
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC360hh]

 
                        TITLE 21--FOOD AND DRUGS
 
             CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT
 
                     SUBCHAPTER V--DRUGS AND DEVICES
 
              Part C--Electronic Product Radiation Control
 
Sec. 360hh. Definitions

    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.

(June 25, 1938, ch. 675, Sec. 531, formerly act July 1, 1944, ch. 373, 
title III, Sec. 531, formerly Sec. 355, as added Pub. L. 90-602, 
Sec. 2(3), Oct. 18, 1968, 82 Stat. 1174; amended Pub. L. 94-484, title 
IX, Sec. 905(b)(1), Oct. 12, 1976, 90 Stat. 2325; renumbered Sec. 531 
and amended Pub. L. 101-629, Sec. 19(a)(1)(B), (3), (4), Nov. 28, 1990, 
104 Stat. 4529, 4530; Pub. L. 103-80, Sec. 4(a)(2), Aug. 13, 1993, 107 
Stat. 779.)

                          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, 
Sec. 19(a)(4), which renumbered section 263c of Title 42, The Public 
Health and Welfare, as this section.
    1990--Pub. L. 101-629, Sec. 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.


                               Short Title

    For short title of Pub. L. 90-602, which enacted provisions now 
comprising this part (Secs. 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 Short Title of 1968 Amendments note under section 301 of 
this title.


                    Transfer of Subpart; Construction

    Section 19(c) of Pub. L. 101-629 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''

    Section 3 of Pub. L. 90-602, as amended Pub. L. 96-88, title V, 
Sec. 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

    Section 4 of Pub. L. 90-602 provided that: ``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.''

                  Section Referred to in Other Sections

    This section is referred to in section 360kk of this title; title 15 
section 2080.
