---
kind: "section"
citation: "21 C.F.R. § 1003.2"
title: "21"
number: "1003.2"
heading: "Defect in an electronic product."
url: "https://uscodex.org/cfr/21/1003.2"
---

# §1003.2. Defect in an electronic product.


For the purpose of this part, an electronic product shall be considered to have a defect which relates to the safety of use by reason of the emission of electronic product radiation if:

- (a) It is a product which does not utilize the emission of electronic product radiation in order to accomplish its purpose, and from which such emissions are unintended, and as a result of its design, production or assembly;
  - (1) It emits electronic product radiation which creates a risk of injury, including genetic injury, to any person, or
  - (2) It fails to conform to its design specifications relating to electronic radiation emissions; or
- (b) It is a product which utilizes electronic product radiation to accomplish its primary purpose and from which such emissions are intended, and as a result of its design, production or assembly it;
  - (1) Fails to conform to its design specifications relating to the emission of electronic product radiation; or
  - (2) Without regard to the design specifications of the product, emits electronic product radiation unnecessary to the accomplishment of its primary purpose which creates a risk of injury, including genetic injury to any person; or
  - (3) **Fails to accomplish the intended purpose.**

## Notes

### Authority

Authority: 21 U.S.C. 360hh-360ss.

### Source

Source: 38 FR 28628, Oct. 15, 1973, unless otherwise noted.