- Feb 22, 2008
c r a pcontacted by the fda, basically told to cease and desist.
That's why survival lasers has a us specific site and an international site.
Nailed it!FDA definitions have it all covered from several directions/angles --it doesn't matter waht you call it "pointer" or "demonstration laser" either which way if it is over 5mW is prohibited from importation into the USA and for sale as an item of commerce from within USA to within the USA.
From the FDA web site:
"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.”
Lasers promoted for entertainment purposes or amusement also meet FDA’s definition for “demonstration laser products.”
Laser products promoted for demonstration purposes are limited to hazard Class IIIa by FDA regulation 21 CFR 1040.11(c). This means that pointers are limited to 5 milliwatts output power in the visible wavelength range from 400 to 710 nanometers.
Does FDA have a mandatory limit on the power emitted by laser pointers?
Yes. Laser products promoted for pointing and demonstration purposes are limited to hazard Class IIIa by FDA regulation.
21 CFR 1040.11(b) and 1040.11(c), limit surveying, leveling, and alignment, and demonstration laser products to Class IIIa. This means that pointers are limited to 5 milliwatts output power in the visible wavelength range from 400 to 710 nanometers."
Looks like it!Where did the OP go? Seems like we carried on without him. Lol
I sincerely doubt that the FDA care to track down individuals selling on this forum. Unless you make a business of it, you should be fine. Even if you do make a business of it, they seldom seem to care. Plenty of ebay sellers based in the US selling >5mw pointers.