Does it make sense that hobbyist use of class IV "shinning a laser into the sky " is OK and non-hobbyist use of class IV "shinning a laser into the sky " is prohibited/not OK.
I may be wrong but I can not find any mention of the words "hobbyist" or an "other than hobbyist use" exclusion in the FDA regulations.
If not just wishful thinking please post a link to the regulation or even FDA descriptive web page that makes that distinction.
THe FDA, under 21 CFR 1040.10, FDA regulates three uses/applications of lasers:
1.Demonstrations including laser light shows and artistic displays
2.Surveying, leveling and alignment (SLA)
3.Medical
All laser pointers are covered under either the demonstration or SLA definitions or both:
"What is a laser pointer?
Laser pointers are hand-held lasers that are promoted for pointing out objects or locations. Such laser products can meet one of two definitions for laser products. The first is for “surveying, leveling, and alignment laser products” as defined by Title 21 of the Code of Federal Regulations (CFR) Section 1040.10(b)(39):
“Surveying, leveling, or alignment laser product means a laser product manufactured, designed, intended or promoted for one or more of the following uses:
(i) Determining and delineating the form, extent, or position of a point, body, or area by taking angular measurement.
(ii) Positioning or adjusting parts in proper relation to one another.
(iii) Defining a plane, level, elevation, or straight line.”
Hand-held lasers promoted for entertainment purposes or amusement also meet the second definition, that of “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.”
If a laser product is promoted for pointing purposes, either of these definitions can apply" from FDA web page:
Important Information for Laser Pointer Manufacturers
From summary on use of lasers outdoors found here:
Laser Pointer Safety - Rules and regulations in the U.S. (For those using lasers outdoors)
"Demonstration lasers such as light shows and SLA lasers are often used outdoors. For these two applications, anyone using Class 3B or 4 lasers (above 5 mW for visible wavelengths) must fill out FDA Form 3147 to obtain a “variance.” The user describes the intended use and safety features in order to get permission from FDA to vary from the regulations.
Further, if the use is outdoors, FDA will not grant the variance unless the user submits a description of their laser operations to FAA using FAA Form 7400.2 and receives a letter of non-objection from FAA. In this indirect way, demonstration/lightshow lasers and SLA lasers are the only outdoor uses of lasers that are required under Federal law to get permission in advance from FAA."
