[AZ-Observing] Re: These Laser Pointers Look Like Trouble Brewing...

  • From: "Rick Tejera" <saguaroastro@xxxxxxx>
  • To: <az-observing@xxxxxxxxxxxxx>
  • Date: Mon, 9 Jan 2006 18:29:42 -0700

What I've been wondering is how wicked lasers has stayed out of the  FDA's
spotlight this long. From everything I've read, they are in violation of FDA
regulations & federal law. They are marketing these overpowered lasers as
pointing devices. Quoting from Title 21 of the Code of Federal Regulations
(CFR) Section 1040.10(b)(39): 

        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. Manufacturers of such products may be required to repair,
replace, or refund the  purchase price of violative products distributed in
the U.S. These products are also subject to detention and seizure by the
U.S. Customs and Border         

        Irresponsible use of more powerful laser pointers poses a
significant risk of injury to the people exposed. Persons who misuse or
irresponsibly use lasers are    open to personal liability and prosecution. 

Further digging shows the FDA is trying to track down marketer of these
products. My guess is like most government agencies, they are woefully
understaffed.

Getting them into the US also seems to be bit of sleight of hand. I checked
with a contact I have in our brokerage house and he said that Class IIIB
lasers would be confiscated at the border unless the importer had a valid
license, essentially that they have a valid reason to utilize them in the
course of business, e.g. Licensed light show operators or research
facilities etc. They may be using a license to import, but I was told the
resale of said lasers would be illegal. For the record, this has always been
the case, long before the whole shining at airplanes thing came up.

As far as I can see there e is no real federal statute against owning one,
the onus is on the seller, although the FDA is specific to point out that
misuse of a class IIIB laser subjects the offender to criminal penalties &
civil liability. 

My 0.181553 Moroccan Dirham's worth

Rick Tejera 
President 
Editor SACnews
Saguaro Astronomy Club
Phoenix, Arizona
saguaroastro@xxxxxxx
www.saguaroastro.org


-----Original Message-----
From: az-observing-bounce@xxxxxxxxxxxxx
[mailto:az-observing-bounce@xxxxxxxxxxxxx] On Behalf Of Greg Askins
Sent: Monday, January 09, 2006 10:19 AM
To: az-observing@xxxxxxxxxxxxx; EVAC
Subject: [AZ-Observing] These Laser Pointers Look Like Trouble Brewing...

http://www.wickedlasers.com/

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