People who have succeeded usually could correct the MINOR violation, ie supply the missing label, provide a variance, get the Chinese to send the proper paperwork for a product that was actually legal etc.
As for the OEM clause, it used to be OEM parts had to have traceable record keeping of the first buyer. I know, I hit that when I first tried to buy a hene tube in 1988. The tube came with a OEM only use sticker, stating that any use of the part required final approval or use as a replacement. I suspect that has not changed. The OEM maker could be held responsible if the parts were mis-used.
Write it off, and accept, that in these days of "DATABASES" that you will have buy a more expensive laser in the future and possibly obtain a variance or certify as a manufacturer. If the Chinese can cough up the required paper work, you would have a chance of succeeding.
I have this nice 1986 letter from a now retired government employee named Villaforth who said: IF I used a approved hene at less then 4.95 mW and its not a medical device, that he had no problems with me doing a non-profit effect for my high school. That pretty much defined "hobbyist" right there. Lasers were rare then. I suspect no such letter would be issued today.
Steve
Last edited by mixedgas; 09-27-2011 at 18:06.
It is legal for a peson without a variance to purchase a class 3b or 4 laser ONLY IF the laser is COMPLIANT TO CDRH REQUIREMENTS. The average joe off the street can not LEGALLY purchase a laser from china that you just plug in unless it meets the CDRH Requirements. It is the requirement of ALL LASER LIGHT SHOW MANUFACTURERES TO ONLY SELL LASER PROJECTORS OVER CLASS 3A TO VARIANCE HOLDERS.
like I said, if its plug and play, or put in batteries and play in the case of a pointer, then its non compliant... if its an OEM product, aka requires other stuff to work, like a laser without a power supply or a laser diode, its an OEM product and therefore does NOT need to be CDRH compliant because its intended to be integrated into a compliant device
Let's start here, instead of throwing around hypotheticals and general rules of thumb which are often not accurate - or can be argued to not apply - what did you buy? That is going to have everything to do with what you can do or not.
1 watt 532nm dpss lasever lab laser... power supply...... modulation unit.... laser head......
Lasers, Lights, Music, Action!
I'm assuming with a power cord, keyswitch and power button, so you could attach a plug, switch on, turn key and have light?
If so, I'd guess that is your problem right there.
Frikkin Lasers
http://www.frikkinlasers.co.uk
You are using Bonetti's defense against me, ah?
I thought it fitting, considering the rocky terrain.