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Im beginning to do a lot more builds because of this FDA thing but its not like it really stopped me from buying lasers over 5mW
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They can be hand-held, as it would be hard to prevent smaller lasers from being hand-held (e.g. a CNI PGL-III), but they must be certified according to FDA 21 CFR 1040.10 and 1040.11 including the 5-point safety features (3-second delay at startup, remote-control interlock, key control interlock, shutter, emission operational indicator), indicator stickers, and other things. The certification is key, because just having those 5-safety features doesn't mean it can be sold. This assumes that there is direct access to the laser, not that it is enclosed in something where the above safety features are not needed; the enclosure and operational mechanisms would need to be certified.
Laser pointers, on the other hand, must be eyesafe (Class 3a/3r), and can have momentary switches.
Having maintained a relationship with various contacts at the FDA/CDRH for many years now I can assure you that this is not true.
Having maintained a relationship with various contacts at the FDA/CDRH for many years now I can assure you that this is not true.