What is the legality of SELLING lasers?? Please

Re: What is the legality of SELLING lasers?? Pleas

most the "legal" pens that are high mw have a power light and a lock i believe.

Re: What is the legality of SELLING lasers?? Pleas

Yeah well what do you think of all the people selling laser here and on eBay? The FDA could easily browse this forum and screw alot of sellers. Do you see the amount of parts some members buy in the Group Buys section? Heruursciences bought 50 Anti Reflective glass lenses from IgorT. His eBay biz is pretty big if you ask me. :

I think the FDA just has bigger fish to fry.

-Tony

Re: What is the legality of SELLING lasers?? Pleas

Parts are not lasers. You can sell parts all day long. You can buy parts all day long. The FDA never knows anything about that nor do they care. Yes the FDA has bigger fish to fry but when somebody's mommy or daddy makes a negligence case out of a laser purchase because Johnny Dipshit injures himself with a non-registered laser and the FDA gets wind of it, who do you think the FDA will go after to make an example out of? You can have them sign their lives away in legal jargon to protect you but as soon as it is demonstrated that a system does not meet some kind of legal requirement that whole "I'm not responsible for your misuse" thing collapses like a house of cards. Now you are knee deep in criminal and civil litigation. I'll guarantee the homebuilder has no liability insurance for lawsuits nor the means to properly defend themselves against the U.S. government. I don't know, maybe some people think it will be cool to see the information header as United States vs <insert your name here> in violation of U.S. Title 21 section 1040.10

As far as people selling lasers here and on ebay my opinion is simple: Watch your back. Know who you are selling to because it only takes one bad sale to bring it all down. I don't get into other people's business. I just state what many tend to overlook and let the cards fall where they may.

Re: What is the legality of SELLING lasers?? Pleas

So anything under 5mw is no problem right?  Is a blueray @ 5mw any good at all?

Also, is it perfectly legal to sell fully assembled lasers if you ship outside of the USA only?

Re: What is the legality of SELLING lasers?? Pleas

Kits are no exception. If your product emits radiation in its final form it falls under FDA regulation.

Finally, if you build lasers for your own personal enjoyment or amusement they do not fall under the jurisdiction of the FDA. Use of the laser system may fall under the laws of your state or local constabulary.

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That seems contradictory to me. What constitutes a 'kit', then? Could a domestic distributor get in trouble if they simple sold all the components required to build a laser, without selling the finished product?

Re: What is the legality of SELLING lasers?? Pleas

NervousEnergy said:

Kits are no exception. If your product emits radiation in its final form it falls under FDA regulation.

Finally, if you build lasers for your own personal enjoyment or amusement they do not fall under the jurisdiction of the FDA. Use of the laser system may fall under the laws of your state or local constabulary.

Click to expand...

That seems contradictory to me.  What constitutes a 'kit', then?  Could a domestic distributor get in trouble if they simple sold all the components required to build a laser, without selling the finished product?

Click to expand...

The answer is NO (I think).  

The parts are not the problem.........a small hunk of unidenifiable metal is a HS, a tiny circuit board could be used in an LED flashlight along with the host itself, anyone can own a lens and an LD by itself is harmless.

I "think" we are in a gray area as far as building a high power laser, unless people advertise their wears and supply EVERYTHING needed including their expertise (and you never know who is looking at the forums  :). I think FC nailed when he said "it only takes one bad apple".

I can see why some builders of the whole enchalada have backed out, it's a shame but I for one can not blame them one bit.

Ray

Re: What is the legality of SELLING lasers?? Pleas

The questions are getting to the level of requiring a lawyer. IIRC the sections of the FDA regulations cited, deal with "portable" lasers. Although all lasers are "controlled" via FDA regulation, "hand held" devices are handled differently than "lab style" lasers. Components are handled differently than both. IMNHO you should read the regulations for yourself and/or talk to an attorney.

Y'all have a great time, but I think we are going beyond the "expertise" of the members.

Peace,
dave

Re: What is the legality of SELLING lasers?? Pleas

Question... How does wicked lasers dodge this new FDA regulation?

Re: What is the legality of SELLING lasers?? Pleas

jasonck08 said:

Question... How does wicked lasers dodge this new FDA regulation?

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It's an old regulation. The FDA has just started increasing enforcement of it. IMNHO, WL simply hasn't been targeted yet.

Peace,
dave