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FrozenGate by Avery

Ilegal to Sell Class 4 Lasers?

There are no loopholes.. IIRC, once you remove an LD from its original
mount and sell it, you are 'entering into commerce' and if im not mistaken
you technically become a 'manufacturer'.

There is no way around it, and the subject has been talked about
many times here on LPF.


A member here was contacted by the FDA, received a letter
if memory serves...

This was a time when 3B was the highest class involved.
For some reason the OP deleted his posts, but the convo can
be seen in the quotes by other posters..

It brings home the seriousness of selling DIY lasers over 5mW..

http://laserpointerforums.com/f44/closed-40101.html <LINK
 





First of all I'm not a lawyer nor have I stayed at a Holiday Inn Express recently.

I'm sure someone will correct me if I'm wrong but from my readings as of today it's not illegal to build a laser over 5mw for personal use but once you start distributing them free or for a charge you have to meet all the FDA guidelines and requirements. Failure to do so can result in a massive fine up to $250k if you're caught. Personally it's not a risk I'm willing to take which is why I won't build lasers for others. I've pointed a couple people here and told them exactly why I won'y build one for them.
 
Easy way out is to tell him to buy the arctic or even lesser power laser. I get asked to build lasers all the time and just tell them to DIY. Most people who ask for one have no business owning one. It's really sad how many tards are out there.
 
Yeah I decided against it. I told him I needed the money before I could start to make it and his response was "I want some collateral" I,of course, was not into this idea and I explained to him that wasn't going to happen He went on to being a little bitch about it, saying tht I didn't know how to make lasers, and if he was going to blind himself, he would have already done it when he hooked a 1W ebay IR diode to a car battery.

At that point I told him I wasn't going to make it for him.
 
FrothyChimp said:
I know you won't do this but this is the correct method for selling lasers in the United States:

Laser Products and Instruments

Records and Reporting (Radiation-Emitting Products)

Getting a Radiation Emitting Product to Market

Important Information for Laser Pointer Manufacturers

If somebody does something stupid with your laser and the local constabulary identifies you as the source of the laser, the FDA will come down on you. They will make you return any monies for any laser you have sold, recover all the lasers you have sold, and slap you with a fine.

Of course not having any registration documentation with any submitted testing documentation or required operating instructions and no required safety components (many more required for Class 4), and willfully operating in violation of Federal regulations will only help seal your fate in a civil suit if one is brought against you. The "beyond a reasonable doubt" standard is not applicable in a civil suit

There is no federal law against building your own lasers. As soon as you make a transaction, for any or no consideration, however, you become a manufacturer and are subject to all the regulations governing radiation emitting devices. It's as simple as that, no way around it.

Oh and just an afterthought, by leaving one wire not soldered or requiring your end use to install a simple component shows intent to side step the FDA requirements if an issue with your laser comes to their attention.
Click to expand...


Now THAT is a brilliant freaking post.

Frothy, if you weren't already my hero, you would be now!! (And yes I'd kiss you if you were here lol! j/k)
 
Oh and just an afterthought, by leaving one wire not soldered or requiring your end use to install a simple component shows intent to side step the FDA requirements if an issue with your laser comes to their attention.
Click to expand...

But, what about the case in which the component is the laser diode itself ?

I mean, if you build kits WITHOUT the laser diode (or without the laser module, say, aixiz or similar), and if, separately, you sell laser diodes (or modules, that afaik are not restricted), is the same case ? ..... apparently not ..... if your seller buy a kit, AND a laser diode or module, and then HE/SHE/IT (:p) assemble them together, you have nor built nor sold a complete laser pointer, only two separate components, and it's not your fault if someone, after, took them, assembled them together, and built a working laser pointer, right ?
 
My impression was that there are no loopholes. Letting the person build his laser himself is allowed, but that's not working around the rule but selling something completely different. And just having to put in the last component may just be that "installing a simple component", so you probably end up not being able to sell lasers but only laser parts or unassembled kits.
 
"The CDRH goal is to protect the public from hazardous and unnecessary exposure to radiation from electronic products."

um.....maybe they should go check out the full body scanners at the air port?? maybe???? just a thought....
 
Mohrenberg said:
"The CDRH goal is to protect the public from hazardous and unnecessary exposure to radiation from electronic products."

um.....maybe they should go check out the full body scanners at the air port?? maybe???? just a thought....
Click to expand...


10 minutes after that post an unmarked car pulled up to matts house... he has not been heard from since...:whistle:


michael
 
Have them sign a disclaimer indicating that they are aware of the dangers involved in owning and operating a class IV laser and accept all risk and responsibility and that you cannot be held liable for any damages caused by laser.

If they aren't willing to sign that waiver and accept responsibility themselves simply don't sell to them.

That's the easiest way anyways. It still doesn't prevent them from filing a suit if they really want to, but it gives you a quick and easy way to end it.
 
^^^ you can't do that when it comes to illegal items. you can not enter into a contract when items are illegal.

"i will sell you marijuana, and if you get caught you can not rat me out" :shhh:
 
Rofl, actually Chipdouglas, I think that that IS a pretty common contract....although unwritten most everytime.
 
My last laser has a good loophole ;)
The original flashlight is mostly unaltered.
The diode, module, pcb connection, driver, etc. are all in a self contained separate piece.
Sell that piece and tell them where to buy the host.
The thing basically works the same as a p-60 drop in ^_^
I have not sold a complete laser, nor the components to build one.
Screwing the FDA FTW!
*Thank you, thank you*
Please, hold your applause, just throw money.
 
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