Import of Cigarette Plates Containing Source Material

HPPOS-201 PDR-9111210341

See the memorandum from V. L. Miller to J. D. LaFleur dated October 20, 1982.

This memo states that the incorporation of source material into a consumer product, such as cigarette plates, constitutes processing, and therefore, the product does not qualify for any exemption in 10 CFR 40.13. Only specific or general licensees may possess this type of product. An opinion was sought on whether a consumer product called "Nicotine Alkaloid Control Plate" qualified for any exemption under 10 CFR 40.13.

The product, to be imported from Japan, consisted of a light metal plate on which was glued a layer of finely ground thorium containing monazite sand and covered by thin tissue paper. It was estimated that the plate was composed of 50% monazite sand containing 4% thorium. On being placed with the sand side next to a package of cigarettes, the alpha particles emitted by the thorium were to denature and reduce nicotine, tar, and harmful gases.

The NRC opinion was that incorporation of source material into a consumer product constitutes processing, and therefore, the product did not qualify for any exemption from 10 CFR 40.13. As a result, only specific or general licensees may posses the product. No apparent legal purpose for possession in the U.S. exists because of the products sole personal use by cigarette smokers.

Regulatory references: 10 CFR 40.13

Subject codes: 11.1, 11.6

Applicability: Source Material