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U.S. Laser Laws

jaybob

0
Joined
Jun 21, 2011
Messages
33
Points
8
What happens if the government catches you selling lasers of a power >5mw, either on this site or on another site that you created? Do they just tell you to shut down the business, or can you be fined or sent to jail? I could not find the answer in the search about selling.

Thanks
 





Joined
Mar 27, 2011
Messages
14,125
Points
113
What happens if the government catches you selling lasers of a power >5mw, either on this site or on another site that you created? Do they just tell you to shut down the business, or can you be fined or sent to jail? I could not find the answer in the search about selling.

Thanks

Selling >5mW complete lasers is technically illegal. Fortunately for the moment no one cares about hobbyists selling a few self built lasers to each other.

In the past a member of LPF who started selling complete lasers in larger quantities was fined.

If you get caught running a site that sells complete, non approved lasers and you actively profit from the site.... bend over and enjoy. Chances are there will be no jail time (unless one of the lasers you sold is used for something really stupid) but you will be hit with plenty of fines.
 
Joined
Sep 22, 2007
Messages
977
Points
0
You don't search a hobby site for legal advice. You go to the applicable laws. Anyone who sells any manufactured laser without a product report is in violation of FDA regulations regardless of the output power or wavelength, period. Look up 21 CFR 1040. If you buy any laser from say a Chinese manufacturer and that laser is not accessioned and then you resell it you are in violation. If the laser will meet the FDA regulations you can generate and submit a product report for it so it will meet the legal requirements but when it comes to class IIIB and IV portable/pointer lasers it just won't happen. If you build them yourself and sell them you are a manufacturer and must be compliant. There's a lot that goes into it and yes, the FDA is really looking hard at imports but if you get noticed they will come down on you in a New York second. You can build any laser of any power, configuration, or wavelength you wish for your own use. The FDA does not regulate this whatsoever. But as soon as you transfer it's ownership you are a manufacturer. Now don't believe me, go to the FDA CDRH website and verify it.
 

daguin

0
Joined
Mar 29, 2008
Messages
15,989
Points
113
They can fine you many thousands of dollars PER UNIT SOLD

AND

Require you to "recover" ALL of the units sold (which would probably also include refunds to the customers)

Now stop thinking about how you can beat the law ;)

Peace,
dave
 

jaybob

0
Joined
Jun 21, 2011
Messages
33
Points
8
But thousands of lasers are sold on here every year aren't they?

And Daguin i thought you sell lasers?

How much did the guy that was selling lasers get fined, if he was selling 100's of units, does that mean he got fined 100,000's of dollars?

and Frothy chimp, ofcourse you do, you have explained it thoroughly, i appreciate it!
 
Joined
Jun 3, 2007
Messages
2,560
Points
113
But thousands of lasers are sold on here every year aren't they?

And Daguin i thought you sell lasers?

How much did the guy that was selling lasers get fined, if he was selling 100's of units, does that mean he got fined 100,000's of dollars?

and Frothy chimp, ofcourse you do, you have explained it thoroughly, i appreciate it!

How do they get away with it ? There are only so many federal law enforcement personnel doing the policing. And on top of that the FDA and the CDRH oversee many other items besides lasers . Go to the FDA site and learn first hand what the fines can amount to.
 
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