LPM'd Ebay Laser's Coming Back

[Encap]

Big problem I see is if listing them at their true output power either here or on any web site. The more success you have, the greater the likelyhood the govt will shut you down with a fine, not to mention civil liability. Better get a corporate business setup or a LLC or you could loose your shirt if some kid or adult hurts someone.

Very good points --- illegal sales and liability issues associated.

Now 2017 is a very different regulatory environment with very clear definition of what a "laser pointer" i.e.The laws, rules, and regulations have changed.
The definitions of what is a laser pointer has been officially updated/changed.
"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"

"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. There are also limits for any invisible wavelengths and for short pulses. Pointers may not exceed the accessible emission limits of CDRH Class IIIa or IEC1 Class 3R."

"Lasers that emit between 5mW and 500mW output power are in Class IIIb or IEC Class 3B. Class IIIb lasers cannot legally be promoted as laser pointers or demonstration laser products.
Class IIIb hand-held lasers are too dangerous for use as pointers or amusement articles. Furthermore, promotion of Class IIIb or IEC Class 3B products for pointing or amusement violates FDA requirements and United States law."
From: https://www.fda.gov/Radiation-EmittingProducts/RadiationEmittingProductsandProcedures/HomeBusinessandEntertainment/LaserProductsandInstruments/ucm116373.htm

Sales of hand held lasers over 5mW in output from within the USA to within the USA are very clearly illegal

I don't really plan on making this such a big operation as to get flagged by the government. I mean keep in mind here 95% of the lasers I will be selling are <150mW, you can easily buy lasers over 2W in the buy sell trade section almost any day of the week. There are no specific laws on selling lasers in North Carolina but I may still be under certain federal laws. All these lasers were being sold as "5mW", I would argue that knowing their actual power is much safer for the consumers, that way they know what they are buying and to be more careful with it.

Sales of hand held lasers over 5mW in output from within the USA to within the USA are very clearly illegal.
That an LPMed laser is any safer than a not LPMed laser is preposterous and without any basis in fact, just in imagination. A LPM has no effect on the safety or safe use of a laser by anyone.

LPMing of lasers will,other the other hand, will let you know for certain that you are intending to sell or selling lasers, as a business, that are illegal for sale within the USA to anyone within the USA and in violation of US laws.

From this thread https://laserpointerforums.com/f53/laser-law-s-north-carolina-96649.html I assume you are still stationed at Seymore Johnson AFB.
If you are still stationed at Seymour Johnson AFB in service to and paid by the US Federal government, I would think doing an illegal laser business especially for the few penny's you might pocket doing so is an unacceptable and an unnecessary serious risk. All it takes is one complaint to the FDA and/or one lawyers letter to the base Commander or the Judge Advocate's General's office or law suit to ruin your day.
I would check with the JAG office to find what they think about doing illegal laser sales in violation of US Federal law first. Better safe than sorry applies.
Even if now no longer there and 100% a civilian in all respects, the issues are the same really just you circumstances a bit different.

"FDA regulates all laser products, even handheld, battery-powered lasers that are available for purchase FROM manufacturers, importers, assemblers, dealers or distributors in the United States and its territories. This includes lasers manufactured or obtained ......for the purpose of sale or resale.
Do not purchase a handheld, battery-powered laser labeled with hazard Class IIIb, Class IV, Class 1M, Class 2M, Class 3B or Class 4 unless the manufacturer has an approval from FDA (called a "variance") to allow the purchase. Lasers approved for purchase in these classes often have very specific uses and may be sold under certain conditions known to the manufacturer. Sales without a variance, or sales that violate the conditions of the variance, ARE ILLEGAL"
See: https://www.fda.gov/AboutFDA/Transparency/Basics/ucm302664.htm

All other issues aside, and there are several aspects that make no sense to me at least, the liability issues if someone gets hurt are plainly apparent as are the legal ones in what you propose exclusive of whether you can get away with it or not.

It might be a better idea if you want to make a business out of having an LPM to offer to LPM any laser whether from eBay or not for a fee + shipping. No violation of anything in that.
See also: U.S. rules and regulations for those selling laser pointers

In any case, be safe and good luck in whatever do.

 

[brendon7358]

So your saying no one should sell lasers in the US? Like I said you can buy extremely dangerous lasers over 1W almost any day of the week. The lasers I am selling are very low powered in comparison. Is it still illegal, yes. Is most of the things on this forum legal? No. Your telling me that knowing your "5mW" laser is actually 60mW makes no difference? That is a pretty unreasonable thing to say. I think you are making this out to a bigger operation than it actually will be. There will only be about 20 lasers for sale.

 

[hakzaw1]

GOOD LUCK
But you are taking away the surprise we get when WE LPM them ourselves so....


most non-LPM owners know where to get one metered.

 

[brendon7358]

If I opened some of the lasers up, and adjusted them (assuming they have a pot) to <5mW would there be a market for that? I will consider it, maybe just on a few.

Just on a side note I never said I was selling laser pointers. Just lasers, the closest would be "pen lasers". But still I never said laser pointers, you don't need anything over 5mW to point. Unless it's stars, in which case it could be called an astronomy laser. The government getting upset about what I am doing would be equivalent to pulling someone over for going 5mph over the speed limit when the majority of other traffic is going 20mph over. Yes you are still breaking the law, but it's not their top priority.