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Sweden: Ban/restrictions proposed on laser pointers 1 mW or more

Sweden’s national government has proposed banning “powerful laser pointers,” defined as handheld Class 3R, 3B and 4 lasers. This would make it illegal from November 1 2013 to import, produce, acquire, possess, use, transfer or lease any handheld laser 1 mW and above, without a permit. Swedes who currently own laser pointers 1 mW and above could not possess them after December 31 2013.

Some countries such as Australia and the U.K. have restrictions on lasers starting at 1 mW (3R, 3B and 4), while others such as the U.S. have restrictions starting at 5 mW (3B and 4 only).

The Swedish government invites comments on the proposal, EU notification text, number 2013/0365/S-X00M. This can be done up until October 4 2013 by anyone, whether a national of Sweden or not. At the EU notification link, there are additional links to obtain language-specific versions of the proposal; for example, the English draft text of the proposed laser pointer ban.

Comments can be sent to the EU Contact point Directive 98/34 at:
Pic 2013-07-23 at 6.11.42 PM
or send a fax to +32 229 98043. Also, Martin Lindgren of the Swedish Radiation Safety Authority has requested a copy so he is aware of the comments as well:
Pic 2013-07-23 at 6.07.08 PM

Additional details are below.


The following are key parts summarizing the proposal, from the English notification message text:

5. Title
Ordinance amending the Radiation Protection Ordinance (1988:293)

8. Main Content
The draft entails a requirement for a permit to import powerful laser pointers into Sweden or to manufacture, acquire, possess, use, transfer or lease said laser pointers. The term 'powerful laser pointer' is defined in the draft and includes laser pointers which have radiation properties meeting the criteria for laser classes 3R, 3B and 4, in accordance with Swedish standard SS EN 60825-1, version 4, 2007 (the Swedish standard essentially corresponds to European standard EN 60825-1:2007). Breaching the permit requirement will be a criminal offence.

Licences may only be for laser pointers that are designed, classified and labelled according to the Swedish standard, or which otherwise have an equivalent level of safety.

Permission to manufacture, import into Sweden, acquire, possess, lease, transfer or use laser pointers within the framework of commercially operated trade of laser pointers may only be granted if the operator of the business, or the person exercising decisive influence over the activities, is suitable to carry out such activities with regard to expertise, law abidance and other circumstances.

Permission to otherwise manufacture, acquire, possess, use, or import powerful laser pointers into Sweden may only be granted to those who require laser pointers for an acceptable purpose, and it can reasonably be assumed that it will not be abused. The Ordinance entails an indirect prohibition in cases where permission has not been granted or is missing.

It is also proposed, as a direct result of the permit requirement and the indirect prohibition, that there shall be an amendment to the Act (1996:701) on the powers of Swedish Customs at a Swedish border with another EU country, entitling them to intervene in the importation of laser pointers across Sweden's border with EU another country.

9. Brief Statement of Grounds
The purpose of the draft is to address the increasing radiation protection and social problems caused by the improper and careless use of powerful laser pointers



The following are key parts from the English draft text of the proposed laser pointer ban. Comments from LaserPointerSafety.com are in black italic text.

Words and terms in the Ordinance

§ 1(a) Powerful laser pointer in this Ordinance means a portable technical device that

(1) can generate non-ionising electromagnetic radiation within the wavelength range 180 nanometres to 1 millimetre, primarily through the process of stimulated emission,

(2) is battery operated or provided with other independent power supply,

(3) is intended to be hand-held and directed towards something in the distance, and

(4) has radiation properties that meet the criteria for laser classes 3R, 3B or 4 , in accordance with Swedish standard SS EN 60825-1, version 4, 2007.

Otherwise, words and terms used in this Ordinance have the same meaning as in the Radiation Protection Act (1988:220).

COMMENTS: The range in paragraph 1(a)1 includes non-visible infrared and ultraviolet lasers, from 180 nm to 1,000,000 nm. In the U.S., lasers defined by FDA as “pointers” are considered to be visible only, 400-700 nm, since it is not logical to invisibly point at objects. Also, it is only visible lasers which can cause visual interference to pilots such as flash blindness, glare and distraction. Non-visible lasers could in theory cause eye damage to pilots. LaserPointerSafety.com is not aware of this being a significant concern with laser/safety experts.

Paragraph 1(a)3 may be intended to avoid restrictions on industrial lasers such as tripod-mounted surveying equipment. However, this could be a loophole in a number of ways. A person could buy a tripod-mounted laser and remove the top section, leaving a hand-held laser. A seller could sell a hand-held mounted in a bracket on a cheap tripod, and advertise it as for tripod-use only, even though it is readily removable. Finally, a person could still use a laser on a tripod outdoors to aim at stars and -- illegally -- at aircraft.

Paragraph 1(a)4 may be too restrictive since it includes class 3R lasers, between 1 mW and 5 mW. For visible lasers, laser safety standards consider this class to be a reduced risk for momentary or accidental exposure to the eye. There are very few reports of eye injury from a Class 3R lasers. As far as we are aware, any proven injuries are due to deliberate staring, usually self-inflicted. For harassment and visual interference of pilots, a 5 mW laser appears roughly twice as bright as a 1 mW laser (not 5 times as one might think). For example, the distance at which a 1 mW laser causes flash blindness is 110 feet, versus 245 feet for a 5 mW laser. In the U.S., visible lasers under 5 mW are not regulated, while in some other countries such as Australia and the U.K., regulations start at 1 mW.

The Swedish standard referred to, SS EN 60825-1, version 4, 2007 is more commonly known as the IEC 69825-1 standard. This is one of the key laser safety standards used internationally (ANSI Z136 is another). Sweden has incorporated the 2007 version into its statutes (SS), as has the European Union (EN).


Laser pointers

§ 8(a) Without a permit, powerful laser pointers may not be brought into Sweden or produced, acquired, possessed, used, transferred or leased.

The requirements for a permit do not apply to products covered by the Medical Devices Act (1993:584),

§ 8(b) A permit, in accordance with § 8(a),

(1) may only be for laser pointers that are designed, classified and labelled in accordance with Swedish standard SS EN 60825-1, version 4, 2007, or which otherwise have an equivalent level of safety,

(2) with regard to importing into Sweden, manufacturing, acquiring, possessing or using a laser pointer, may only be granted to a person who requires the laser pointer for an acceptable purpose, and it can reasonably be assumed that it will not be misused, and

(3) with regard to, as part of the commercially operated trade of laser pointers, bringing into Sweden, manufacturing, acquiring, possessing, using, transferring or leasing laser pointers, may only be granted if the operator of the business, and the person exercising a decisive influence over the business, is suitable to carry out such activities with regard to expertise, law abidance and other circumstances.

A permit to transfer or lease powerful laser pointers shall be associated with conditions that such laser pointers may only be transferred or leased to a person who has a permit under § 8(a) for its acquisition or its use.

Regulations regarding the law would be issued by the Swedish Radiation Safety Authority.

(1) This Ordinance shall enter into force on 1 November 2013.

(2) On the date of entry into force, anyone who has a permit to possess or use of laser pointers according to regulations issued by the Radiation Safety Authority or corresponding earlier provisions, may, notwithstanding § 8(a), continue to possess or use laser pointers in accordance with the permit for as long as it is valid.

(3) On the date of entry into force, a person who has a powerful laser pointer without a permit, may, notwithstanding § 8(a), continue to possess the laser pointer up to and including 31 December 2013 or, if the application for a permit is submitted by 31 December 2013, until a final decision on the permit issue has legal effect.


Thanks to Martin Lindgren for bringing this to our attention.