![]() ![]() ![]() ![]() federal regulations under FDA/CDRH, there are federal OSHA regulations for occupational laser use, and some states and localities have their own laser regulations. Laser pointers have traditionally been regulated as demonstration lasers. The uses are: 1) medical 2) surveying, leveling and alignment (SLA) and 3) demonstration lasers used in a classroom, for advertising or for laser light shows. In addition, there are three laser uses which must comply with these regulations. Some laser uses are regulated at the federal levelĪll laser products (devices) must be certified by the manufacturer to comply with. So that’s why we ask for people to use more precise terms. But “illegal laser pointers” are the opposite: they are legal to own and use the problem is that they do not meet manufacturing and marketing standards. In common usage, these phrases refer to drugs or guns which may meet all manufacturing and safety standards, but which are illegal for the public to own or use. To help clarify this, think about “illegal drugs” or “illegal handguns”. This helps the general public understand that it is the laser itself that is not legal. If the person does not take their car to the dealer for corrective action, they still get to keep their car - the government cannot confiscate it.Īs a side note, instead of using the term “illegal pointer” it is better to use “non-compliant laser” or to state that a laser is “illegally labeled” or “illegally manufactured”. Consider a person who has a Toyota that is recalled for safety defects. However, it is not legally required for the owner to repair or turn in the laser. If a laser is found to be non-compliant, the manufacturer may be required by FDA to take corrective action such as offering a repair, recall or refund. What happens if I have an “illegal” (non-compliant) laser? This confiscation could be done by private parties such as theater owners or concert promoters, or by police or other law enforcement officers. Of course, if a person uses a laser irresponsibly, then it may be confiscated. We are unaware of any cases where a non-compliant consumer laser has been taken from its owner simply for being mislabeled or because it did not have the safety features of its class. If the consumer (end user) has a mislabeled or non-compliant laser, it is legal for them to possess it. If a laser over 5 mW is called a “pointer” or is sold for pointing purposes, the person doing the illegal action is the manufacturer or seller. AND as long as the laser is not promoted as a “laser pointer” or for pointing purposes. ![]() Under federal law, it is perfectly legal to sell any laser above 5 mW as long as the laser complies with FDA/CDRH laser product requirements for labels, safety features, quality control, etc. Manufacturing and selling is illegal, not possession or safe use This is somewhat confusing shorthand meaning that the manufacturer or seller illegally called a laser above 5 milliwatts a “pointer”, or illegally promoted it for pointing purposes. But often people talk about “illegal laser pointers”. In the U.S., it is legal under federal law to own a laser of any power. A comprehensive resource for safe and responsible laser useįederal rules for those owning or using lasers in the U.S. ![]()
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