In imagination everything is possible, not so in the real world.
You can do whatever you want inside at home for yourself with whatever you can get you hands on to play with as long as it is only for your own personal use inside your home.
Use outdoors to advertise a business and "draw in people" is a completely different story.
There are no loopholes in the FDA Laser Laws, rules, and regulations--don't even bother to daydream about it. You can't mix and match parts from disassembled finished products that complied with all the FDA laws, rules, and regulations and pretend it isn't something different from the original product or that you didn't do it, if that is what you mean. LOL
If you want to do what you indicated in your original post--- use laser beacon outdoors to advertise your business--then there are actually two FDA variances required. One is for the lasershow-creating equipment, and the other for how it is used (audience location, barriers, etc.). A single 4-page form "Application for a Variance" (FDA form 3147; see post #2 for a link) is filled out whether for a device or for the show.
Study:
http://www.laserist.org/us-regs.htm
Laser products promoted for demonstration purposes are limited to hazard Class IIIa by FDA regulation 21 CFR 1040.11(c). This means that projectors are limited to 5 milliwatts output power in the visible wavelength range from 400 to 710 nanometers. There are also limits for any invisible wavelengths and for short pulses. Laser light show projectors therefore may not exceed the accessible emission limits of CDRH Class IIIa. Laser light show manufacturers must submit a variance request for FDA approval in order to sell and operate higher class (Class IIIb and IV) laser light show equipment.
Prior to using Class IIIb and IV lasers for a laser light show in the United States, the following documents must be submitted to the FDA:
- Product Report describing the laser projector,
- Laser Light Show Report describing the laser light show, and
- Application requesting FDA approval for a variance from the demonstration laser product hazard class limit of IIIa (5mW visible output).
See:
https://www.fda.gov/radiation-emitt...-and-entertainment-products/laser-light-shows
The following definitions are basic to the regulations:
A laser is a device capable of producing or amplifying electromagnetic radiation in the wavelength range from 180 to 1 x 106* nanometers by the process of controlled stimulated emission [1040.10(b)(19)].
A laser system consists of a laser in conjunction with its power supply [1040.10(b)(23)].
A laser product is any device that constitutes, incorporates, or is intended to incorporate a laser or laser system [1040.10(b)(21)].
"A manufacturer is any person or organization in the business of making, assembling, importing [1000.3(f)], or modifying laser products [1040.10(i)] "
See top of page #2:
https://www.fda.gov/media/74026/download
and
"Code of Federal Regulations |
Title 21, Volume 8 |
Revised as of April 1, 2018 |
CITE: 21CFR1040.10 |
(i)
Modification of a certified product. The modification of a laser product, previously certified under 1010.2, by any person engaged in the business of manufacturing, assembling, or modifying laser products shall be construed as manufacturing under the act if the modification affects any aspect of the product's performance or intended function(s) for which this section and 1040.11 have an applicable requirement. The manufacturer who performs such modification shall recertify and reidentify the product in accordance with the provisions of 1010.2. and 1010.3."
Laser projectors and laser light shows are “demonstration laser products” as defined by 21 CFR 1040.10(b)(13):
“Demonstration laser product means a laser product manufactured, designed, intended, or promoted for purposes of demonstration, entertainment, advertising display, or artistic composition.”
See:
https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?FR=1040.10
"In general, if you are using a higher powered laser projector outside of your home, you must get permission from the U.S. Food and Drug Administration. You may also be subject to state regulation, such as needing a permit, a laser operator’s license and/or having to register your laser projector.
FDA Laser Notice 51 requires anyone who is “introducing into commerce” a laser projector that is
Class 3B or
Class 4 (e.g., above 5 mW output), to have an approved variance from the FDA. Further, they cannot purchase the laser projector before the variance is approved.
The short version of “introduction into commerce” means just about any use, except for use at home with family and friends. For example, a variance is required if there is some type of commercial transaction, such as a person paying to see a concert or have drinks at a bar where a laser projector is being used. It can also mean that an advertiser is paying to support an event with free admission, or the laser is advertising a product, service or event that costs money "
See:
https://www.lasershowsafety.info/faq.html