Can the Olimex ESP32-EVB be used in a commercial application?

Question

My friend and I are very near a final product design, but we currently are using an Olimex ESP32-EVB relay module as part of the final system.

Recently we were told by a consultant that the FCC could potentially require us to recall any Olimex "ESP32 evaluation-hardware" due to it not meeting compliance or licensing requirements. We are afraid of having to recall many units in the future.

I would really like to know if a professional opinion could shed some light on this.

We are very worried that the Olimex ESP32-EVB unit does not meet FCC requirements for commercial use. On the product page under Important Notice they state:

This evaluation board/kit/module is intended for use for ENGINEERING DEVELOPMENT, DEMONSTRATION OR EVALUATION PURPOSES ONLY and is not considered by OLIMEX Ltd to be finished end-product fit for general consumer use.

Does that statement mean it is absolutely not allowed to use this module in our product for commercial purposes?

We really like the ESP32, and the Olimex boards are great in our case because they include 2x mechanical relays packaged inside a metal box and a Rj45 Ethernet connector.

Please can someone help me understand why these Olimex boards would (or would not) be suitable in a commercial product or system?

I also wonder, how would the FCC be involved if the wireless radio were disabled completely (Ethernet only device) and/or if it had no antennas attached, could that help to reduce FCC requirements complexity?

Thanks and I greatly appreciate any insight,

P.S. If anyone knows of a commercial grade ESP32 based Ethernet enabled relay module, I would really love to know about it!!

Answer 1

The site you linked to explains why you can't use the evaluation board in a commercial product:

This evaluation board/kit/module does not fall within the scope of the European Union directives regarding electromagnetic compatibility, FCC, CE or UL and therefore may not meet the technical requirements of these directives or other related documents.

You can't use it in a commercial product because it isn't certified to meet safety standards (CE, UL) and it isn't certified to meet electromagnetic compatibility standards (FCC, CE.)

Those standards apply not only to the intentional transmitter on the board, also to unintended interference produced by the boards.

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That said, the boards themselves may well be engineered such that they can meet the required standards.

They have not been through the process of proving that they meet the standards.

If you use them in your own product then you will have to take them through the approval process, and you will be responsible for making certain that all future pieces continue to meet the standards - even if Olimex changes the design of the boards you purchase from them.

Safer to make your own version of the boards, and have them built and assembled. You then take your own product through the approval process. Any changes (and therefore renewal of the approval) are then under your control.