Does the Product Emit Radiation?

• Introduction 
• Definition of Electronic Product Radiation
• Examples of Electronic Products
• Record and Reporting Requirements by Product
• Guidance Documents
• Labeling Requirements

Introduction

FDA regulates radiation emitting electronic products. The purpose is to prevent unnecessary exposure to radiation due to the use of these products. There are specific requirements that apply to all radiation emitting electronic products in order to comply with the provisions of the Food, Drug and Cosmetic Act. If the product is also a medical device, the product must also comply with the medical device regulations.

Definition of Electronic Product Radiation

Manufacturers and distributors of products meeting the definition of "electronic product radiation" in section 531 of the Federal Food Drug & Cosmetic (FD&C) Act may be subject to certain provisions of the Act including the retention of records and submission of product reports to the FDA, specifically to the Center for Devices and Radiological Health (CDRH). The Food and Drug Administration (FDA) requirements for these products, record keeping and reporting, are included in the final regulations contained in Title 21 Code of Federal Regulations Parts 1000-1299 (21 CFR 1000- 1299). According to section 531 of the FD&C Act:

• (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;
    1. the term "manufacturer" means any person engaged in the business of manufacturing, assembling, or importing of electronic products.

Most radiation-emitting products are not considered to be medical devices. However, if you make any medical claims, your product is a medical device also subject to the provisions of the FD&C Act for medical devices in addition to the provisions for radiation emitting products.

Examples of Electronic Products

Examples of radiation emitting electronic products subject to the provisions of the FD&C Act and therefore regulated by FDA are listed in 21 CFR 1000.15 and include:

1. Ionizing electromagnetic radiation:
   • Television receivers
   • Accelerators
   • X-ray machines (industrial, medical, research, educational)
2. Particulate radiation and ionizing electromagnetic radiation:
   • Electron microscopes
   • Neutron generators
3. Ultraviolet:
   • Biochemical and medical analyzers
   • Tanning and therapeutic lamps
   • Sanitizing and sterilizing devices
   • Black light sources
   • Welding equipment
4. Visible:
   • White light devices
5. Infrared:
   • Alarm systems
   • Diathermy units
   • Dryers, ovens, and heaters
6. Microwave:
   • Alarm systems
   • Diathermy units
   • Dryers, ovens, and heaters
   • Medico-biological heaters
   • Microwave power generating devices
   • Radar devices
   • Remote control devices
   • Signal generators
7. Radio and low frequency:
   • Cauterizers
   • Diathermy units
   • Power generation and transmission equipment
   • Signal generators
   • Electromedical equipment
8. Laser:
   • Art-form, experimental and educational devices
   • Biomedical analyzers
   • Cauterizing, burning and welding devices
   • Cutting and drilling devices
   • Communications transmitters
   • Range finding devices
9. Maser:
   • Communications transmitters.
10. Infrasonic:
    • Vibrators
11. Sonic:
    • Electronic oscillators
    • Sound amplification equipment
12. Ultrasonic:
    • Cauterizers
    • Cell and tissue disintegrators
    • Cleaners
    • Diagnostic and nondestructive testing equipment
    • Ranging and detection equipment

Record and Reporting Requirements by Product

Certain radiation emitting products require the submission of product reports to FDA and the retention of records as included in 21 CFR Part 1002 and Table I that follows.

Note: All manufacturers of electronic products are subject to the reporting of accidental radiation occurrences, as required by 21 CFR 1002.20.

Table I

Record and Reporting Requirements By Product

¹However, authority to inspect all appropriate documents supporting the adequacy of a manufacturer's compliance testing program is retained.
²The requirement includes 1002.31 and 1002.42, if applicable.
³Report of Assembly (Form FDA 2579) is required for diagnostic x-ray components; see 21 CFR 1020.30(d)(1) through (d)(3).
⁴Systems records and reports are required if a manufacturer exercises the option and certifies the system as permitted in 21 CFR 1020.30(c).
⁵Determined using the isoexposure rate limit curve (IRLC) under phase III test conditions (1020.10(c)(3)(iii)).
⁶Annual report is for production status information only.
⁷Determination of the applicable reporting category for a laser product shall be based on the worst-case hazard present within the laser product.

Guidance Documents

Product specific guidance documents are available and can be found on the internet in the Radiation-Emitting Products section. In addition, copies can be requested by e-mail at DSMICA@FDA.HHS.GOV or by FAX at 301-847-8149. This information can be requested by title and is listed below.

1.  Accelerator X-Ray
2.  Analytical X-Ray
3.  Cabinet X-Ray
4.  Computed Tomography (CT)
5.  Diagnostic X-Ray
6.  Industrial X-Ray
7.  Laser Light Show
8.  Laser, Medical
9.  Laser, Non-Medical
10.  Magnetic Resonance Imaging (MRI)
11.  Mercury Vapor Lamps
12.  Microwave Ovens
13.  Microwave Diathermy
14.  Microwave Products (other than Microwave Ovens)
15.  Sunlamp (U.V. Lamp for Tanning)
16.  Sunlamp (Tanning Salons)
17.  TV/Monitor, Video Camera
18.  Ultrasonic, Non-Medical
19.  Ultrasound, Diagnostic
20.  Ultrasound Therapy
21.  Ultraviolet Lamps (Germicidal Air Purifiers)
22.  Ultraviolet Lamps (Dermotologic Disorders)
23.  U.V. Lamp for Tanning (Sunlamps)
24.  Importers of "Electronic Products"

Please note that there are additional requirements for radiation emitting product that are also medical devices.

Labeling requirements for radiation emitting products are also available.