1. A. Each laser product is classified on the basis of emission level, emission duration, and wavelength of accessible laser radiation emitted over the full range of resulting operational capability according to the federal performance standards for light-emitting products contained in 21 CFR 1040.10, April 2, 2018, which is incorporated by reference, is published by the Office of Federal Register National Archives and Records Administration, is available at https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/cfrsearch.cfm?FR=1040.10, is on file with the Department, and includes no future editions or amendments.

2. B. A registrant shall only use a laser product that has been:

   1. 1. Certified by the manufacturer according to subsection (A) as conforming to a specific classification; or
   2. 2. If modified in a manner that affects any aspect of performance or intended functions of the laser product, recertified and reclassified by the person that modified the laser product according to subsection (A).

3. C. If a laser system that is incorporated into a laser product that is subject to the requirements of this Article is capable, without modification, of producing laser radiation when removed from the laser product, the laser system is itself:

   1. 1. Considered a laser product;
   2. 2. Subject to the applicable requirements of this Article; and
   3. 3. Upon removal from the laser product in which the laser system was incorporated, classified on the basis of the laser system’s accessible laser radiation emission.

4. D. A laser facility is classified according to the highest laser product class in use at the laser facility, such that a laser facility having one or more:

   1. 1. Class 1 laser products is a Class 1 laser facility, which is not regulated by the Department;
   2. 2. Class 2 or 2a laser products is a Class 2 laser facility, which is not regulated by the Department;
   3. 3. Class 3 or 3a laser products is a Class 3 laser facility, which is not regulated by the Department;
   4. 4. Class 3b laser products is a Class 3 laser facility, which is regulated by the Department; or
   5. 5. Class 4 laser products is a Class 4 laser facility, which is regulated by the Department.

Historical Note

New Section R9-7-1406 recodified from R12-1-1406 at 24 A.A.R. 813, effective March 22, 2018 (Supp. 18-1).

Section R9-7-1406 repealed; new Section R9-7-1406 renumbered from R9-7-1425 and amended by final expedited rulemaking at 32 A.A.R. 721 (March 27, 2026, Issue 13) with an immediate effective date of March 5, 2026 (Supp. 26-1).