Laws, Regulations, sources UPDATE 09/01

nero_design said:

FDA:
"Class IIIb and class IV laser products are very powerful and permit ready access to laser radiation, which can cause eye or skin injury. Research and industrial lasers and laser light show projectors fall into these classes. Class IIIb and class IV laser devices may be sold only by or to individuals or firms that have obtained approval and a current laser variance from the FDA. Class IIIb lasers include modified laser pointers and portable laser modules over <5mw. Safety features do not affect the classification of the laser".

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A laser pointer can only be used as such if it is <5mW or less (Class 3A). Anything more than this output (including <7mW) will negate the term "pointer" since a pointer may be used in a public forum (lecture hall etc) without fear or concern of hazard and a Class 3B may not. Anything OVER <5mW is immediately classified as a Class 3B laser. Any Class 3B laser is subject to the above rules if you reside in the USA. What the FDA DON'T want to see are "overpowered lasers" that state a lower output on the warning label than they actually produce because of the obvious confusion and theoretic hazard they might present. This is quite a reasonable consideration. As such, they also don't want ANYONE referring to a Class 3B laser as a "Pointer" because it can't safely be used as one. Hence the term "module" or "Device" often being used in this description. This is also starting to force changes on EBay in terms of product classification.

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As mentioned earlier, three laser uses -- medical, construction and entertainment -- are regulated at the federal level by a division of the FDA. These users can face administrative sanctions such as withdrawal of approval or fines for deliberate or reckless violations of FDA regulations.
Over at the FAA, their Order 7400.2E, Part 6, Chapter 29 <http://www.faa.gov/atpubs/AIR/chapter_29.htm> only covers the process of reviewing and approving applications for those using lasers outdoors. There is no apparent penalty for not submitting reports, or for violating the various airspace safety zones.
The only laser users restricted by the FAA's order are those regulated by the FDA -- effectively, laser entertainment companies. FDA requires outdoor laser shows to be reported to the FAA. If FAA objects, then FDA will not permit the outdoor show to continue. And again, any FDA penalties would be administrative.
Can laser shows and other uses be done within the FAA's zones?
Yes, lasers can be used with the FAA Laser-Free, Critical and Sensitive Zones <resguide09c.htm> in two cases. One is if the beam power and characteristics are lower (safer) than the limits for a particular zone. The other is if "mitigation" is done using effective control measures. This allows high laser power levels to be used, as long as aircraft are not illuminated. In both cases, those using lasers outdoors must report their usage to the FAA, using Advisory Circular 70-1 [caution: 2.2 MB download] <faa/faa_ac70-1_outdoor_laser_operations.pdf>. The FAA will review the provided data and determine whether or not they will object to the laser use.

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