Portaria 54/2016 Inmetro English
Portaria 54/2016 Inmetro English
Portaria 54/2016 Inmetro English
Considering subparagraph f of item 4.2 of the Reference Term of the Brazilian Compliance
Assessment System, approved by Resolution Conmetro No. 04, dated December 2nd, 2002, which
attributes to the Inmetro the competence to set forth the guidelines and criteria for the compliance
assessment activity;
Considering Interministerial Directive MS/MDIC No. 692, dated April 8th, 2009, which
defines the operationalization of technical cooperation actions for Safety and Quality Assurance of
Medical Devices submitted to the sanitary control regime, as set forth in the Technical Cooperation
Term between the Ministry of Health (MS) and the Ministry of Development, Industry and Foreign
Trade (MDIC);
Considering Interministerial Directive MS/MDIC No. 16, dated December 17th, 2010, which
approves the internal rules of the Managing Committee of the Term of Cooperation celebrated
between the Ministry of Health (MS), with intermediation of the Sciences, Technology and Strategic
Inputs Department (SCTIE), the Ministry of Development, Industry and Foreign Trade (MDIC), with
the intermediation of the National Institute of Metrology, Quality and Technology (Inmetro), the
National Sanitary Surveillance Agency (Anvisa) and Fundação Oswaldo Cruz (Fiocruz), signed on
April 8th, 2009;
Considering Interministerial Directive MS/MDIC No. 206, dated June 21st, 2013, which
institutes the Technical Articulation Committee with the National Sanitary Surveillance System
within the sphere of Plano Brasil Maior (CTVSPBM);
Considering the publication of the new issue of the series of Technical Standards IEC 60601
and ISO/IEC 80601, including risk management, in a release internalized by the ABNT (ABNT NBR
IEC 60601 and ABNT NBR ISO/IEC 80601);
Considering the publication of Resolution RDC Anvisa No. 27, dated June 21st, 2011, which
provides on the procedures for compulsory certification of equipment under Sanitary Surveillance
regime;
Considering the publication of Normative Instruction Anvisa No. 4, dated September 10th,
2015, which approves the updated list of Technical Standards that must be adopted for compliance
certification, within the sphere of the Brazilian Compliance Assessment System (SBAC), of
equipment under Sanitary Surveillance regime;
Considering Inmetro Ordinance No. 118, dated March 6, 2015, which approves the improvement
of General Requirements for Product Certification (RGCP), published on Official Gazette of the
Federal Executive of March 09, 2015, section 01, page 76 to 77;
Ordinance No. 54/Presi, dated 02/01/2016
Considering the need to improve the Requirements of Compliance Assessment for Electrical
Equipment under Regime of Health Surveillance, defined in Inmetro Ordinance No. 350, dated
September 06, 2010, published in Official Gazette of the Federal Executive of September 09, 2010,
section 01, page 67, decides to issue the following provisions:
Article 2nd – To inform that the Public Consultation was developed by Inmetro Ordinance
No. 407, dated August 26, 2014, edited in Official Gazette of the Federal Executive, dated August
28, 2014, section 01, page 94, and had the technical help of industry and company in general for
preparing the Requirements approved herein.
Article 2nd – To inform that will be maintained, within the Scope of Brazilian System of
Compliance Assessment – SBAC, the voluntary certification for Equipment under regime of Health
Surveillance which shall be performed by Product Certification Organism – OCP, established in
Brazil and accredited by Inmetro, according to the Requirements approved herein.
Paragraph § 1st – These requirements apply to equipment, including its parts and accessories
for medical, dental, laboratory and physiotherapy purpose, directly or indirectly used for diagnosis,
treatment, rehabilitation and monitoring in humans, and equipment with beauty and aesthetics
enhancement purposes.
Paragraph § 2nd – The equipment not classified in Anvisa RDC No. 27/2011 and its
amendment is excluded from this Requirements.
Article 4th – To make it known to manufacturers and importers that Anvisa may demand the
compulsory certification of Equipment under Sanitary Surveillance Regime through IN or RDC.
Article 5th – To define manufacturers and importers with certificates issued according to
Inmetro Ordinance No. 350/2010, which shall be in compliance with the requirements approved
herein, on the date of renewal or maintenance thereof, respecting the limit terms set forth by
Normative Instruction Anvisa No. 4/2015 and its amendments.
Article 6th – To define that, as of the publication date of this Ordinance, the changes of
projects made in products after certification shall be notified to Inmentro and to Anvisa in
compliance with the requirements approved herein.
Article 7th – To defined that the new certification processes started after the publication date
of this Ordinance in the Official Gazette of the Federal Executive shall be in compliance with the
requirements approved herein.
Article 8th – To inform that the electromedical equipment in compliance with the
requirements approved herein will not be necessarily deemed safe if, when inspected and tested, is
found other features that may affect the safety encompassed by this Compliance Assessment
Program or result in hazards arising from electromagnetic phenomena that may jeopardize its
operation or of other equipment.
Article 9th – To establish that, as of 6 months, counted as of the publication date of this
Ordinance No. 54/Presi, dated 02/01/2016
Ordinance, the Equipment under Regime of Health Surveillance shall be certified in compliance
with the Requirements approved herein respecting the terms and conditions set forth in Anvisa
Normative Ruling No. 4, dated September 10, 2015 and its amendments.
Article 10th – To revoke the Inmetro Ordinance No. 350/2010 on December 31, 2022.
Article 11th – This Ordinance shall enter into force on its publication date in the Official
Gazette of the Federal Executive.
1. PURPOSE
To establish the criteria and compliance assessment procedures for Equipment under Regimen of
Health Surveillance, focusing on security, through the certification mechanism, aiming the
prevention of accidents.
2. ACRONYMS
For purposes of this RAC, the following acronyms are adopted, complemented by acronyms
included in additional documents mentioned in chapter 3 herein:
EM Electromedical
Remark: It includes the non-electrical equipment category under Regime of Health
Surveillance
GR Risk Management
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3. SUPPLEMENTARY DOCUMENTS
For the purposes of this RAC, the following supplementary documents are adopted:
Inmetro Ordinance No. It improves the General Requirements for Product Certification
03/06/2015
118 (RGCP).
and its amendments Inmetro Vocabulary of Compliance Assessment with terms and
Inmetro Ordinance No.
05/25/2015 definitions usually used by the Compliance Assessment Board
248 and its
of Inmetro.
amendments
Inmetro Ordinance No. Metrological Technical Regulation of digital electronic
03/20/2008
96 sphygmomanometers
and its amendments
Inmetro Ordinance No. Metrological Technical Regulation of digital clinical
04/06/2006
89 thermometers
and its amendments It sets breaches to the federal health legislation, defines the
Law No. 6.437 08/20/1977
respective sanctions and other measures.
It approves the list of technical standards that should be
adopted for compliance certification under the Brazilian
IN Anvisa No. 4 and
09/10/2015 System of Compliance Assessment (SBAC) for Equipment
its amendments
under Regime of Health Surveillance, pursuant to Anvisa RDC
Resolution No. 27 of June 21, 2011.
Provides on the Good Manufacturing Practices and Medical
RDC Anvisa No. 16 03/28/2013 Products for Diagnosis of In Vitro Use.
3.1 The general standard, collateral standard and particular standard shall be in versions
corresponding for use.
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4 DEFINITIONS
For purposes of this RAC, the following definitions and those included in supplementary documents
mentioned in item 3 are adopted:
4.1 Service
Service: maintenance or repair of a finished product in order to return it to its specifications [Anvisa,
RDC No. 16 of 2013, item 1.2.1]
4.8 Manufacturer
Manufacturer is the company responsible for the project, manufacture, assembly, transformation or
processing of a finished product or system, packaging and labeling of a product, before being placed
on the market or into operation, regardless of whether these operations are conducted by that person
or on its behalf, by a third party.
4.11 Family
The characterization of family is as provided in Attachment D of this
RAC.
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4.20 Applicant
Legal, public or private entity, whether national or international, legally established in the country,
enrolled with CNPJ, that develops, at least, one of the following activities: production, assembly,
creation, construction, transformation, import, free distribution or not, or commercialization of
Equipment under Regime of Health Surveillance, covered by this RAC. It is responsible for the
certification request of the product by the OCP, has the responsibility to ensure the realization of the
planned routine tests set forth herein, holds the concession to use the Compliance Identification
Mark, being responsible for requesting registration and enrollment at Anvisa.
6.2.1.2.1 The items “a”, “d”, “g”, “l”, “m”, “p” and Notes 1, 2, 3 and 4 are fully applied;
6.2.1.2.6 The item “h” is fully applied, the only certification model is Model 5.
6.2.1.2.7 The items “i” e “j” are fully applied, replacing the term “Applicant Supplier” for
“Applicant”, according to definition 4.20 of this RAC;
6.2.1.2.8 The item “k” are fully applied, replacing the term “Manufacturer” for “Manufacturer,
Contractor Manufacturer and/or Legal Manufacturer, when applicable”, respectively according to
definitions 4.8. 4.9 and 4.10 herein;
6.2.1.2.12 The item “r” is fully applied complemented by the following text:
“Other documents may be requested by the OCP, for the implementation of item 6.2.4 (Definition
of test plan).”
6.2.1.2.13 In addition to the documents referred to in RGCP, the manufacturer shall provide a
descriptive summary of risk management in accordance with ABNT NBR ISO 14971, General
Requirements for Risk Management, item 3 including:
a) High Administration Responsibilities, item 3.2.
b) Staff Training, item 3.3.
c) Risk Management Plan, item 3.4.
d) Risk Management Summary, item 3.5.
6.2.2.4.2 For the preparation of the Test Plan, which sets out the tests necessary for the Product
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Compliance Assessment. The AGR must be followed minimally, among other documents, where
applicable, of:
a) technical specifications of product;
b) electrical schematics of the product;
c) identifying the functions of the equipment or system EM which are essential performances;
d) list of critical components;
e) selection criterion of high integrity components;
f) list of certified components and its respective certificates;
g) flammability classification for insulating materials;
h) insulation diagram including the MDP – MPP and MPO;
i) comparison indexes of threshing of solid insulating materials (CTI);
j) pollution degree;
k) wiring specifications;
l) insulation class of transformers, engines, electrical switches, lamp sockets, etc.;
m) equipment overvoltage category;
n) flaws and occurrences list;
o) Usability Engineering file;
p) Policy for establishing acceptable risk and residual risks acceptability;
q) Projects calculation of tensioning safety factor, for equipment bearing suspended masses
r) Documentation of Development Lifecycle for Programmable Electromedical Systems (SEMP),
with identification of hazards, risk control, Requirements Specification, architecture,
implementation project, verification, validation, modification and SEMP connection to other
equipment; and
s) risk management summary.
6.2.3 Initial Audit of Quality Management System and Evaluation of the Production Process
6.2.3.2 Initial Audits of Risk Management Systems (SGR) and Quality Management (SGQ)
and Production Process Evaluation
The Initial Audits of Risk Management System (SGR) and the Quality Management (SQG) and
Production Process Evaluation must be performed regardless of the Manufacturer or Applicant
bearing certified SGR and SGQ, based on the edition in force of ABNT NBR ISO 14971, ABNT
NBR IEC 60601-1 and ABNT NBR ISO 13485 rules, respectively, where applicable. The OCP
must evaluate the documents and records of the SGR and SGQ, and perform audit in the facilities of
the manufacturing unit, in order to verify the compliance of the production process, including
project, essential production process, product manufacturing, installation and training of personnel.
The audit shall seek objective evidence that the production process is systematic and monitored
effectively by providing evidence of compliance with quality management requirements and
product risk management established in RAC
6.2.3.2.1 The records of compliance to meet the requirements should be obtained consistently.
The visit date for the audit should be scheduled in agreement with the certification applicant.
6.2.3.2.2 The initial audit should be conducted in the essential production process to cover all
phases of product project and manufacture, installation and training of personnel certification
object. It includes audit importers, holders of records and registration, certification applicants.
6.2.3.2.3 The assessment of the SGR and SGQ must be made by the OCP based on the scope of
the certification process and in accordance with the requirements of the current edition standards
ABNT NBR ISO 14971 and ABNT NBR IEC 60601-1 and ABNT NBR ISO 13485.
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6.2.3.2.4 The Brazilian OCP must conduct the initial audit of the GR and SGQ in the
manufacturing unit during the initial evaluation stage, or request that the audit is carried out by
OAC accredited by member of IAF MLA, with which OCP has MoU, through an Audit Plan
developed by the Brazilian OCP. This audit must necessarily take into account all the requirements
of Attachments A and B herein, in order to check the compliance of production and GR process.
The results of these audits should be treated and evaluated by the Brazilian OCP.
6.2.3.2.5 The certificates issued by a foreign OCP must be accompanied by a sworn translation in
Portuguese language, when they are issued in a different language other than English or Spanish.
The other documents related to the management system, which are in a different language other
than English or Spanish, must be translated into Brazilian Portuguese language.
6.2.3.2.6 During the audit, applicant manufacturer of certification shall make available to the
OCP all documents related to certification of SGR and SGQ and present the records of the
production process which clearly contain the identification of the object of certification. The OCP
must analyze the documentation to ensure that the requirements described in Attachments A and B
of this RAC have been complied with. For the audit of importers, holders of records and
registration, certification applicants, the OCP must analyze the documentation to ensure that the
requirements described in Attachment B of this RAC have been complied with.
6.2.3.2.7 During the audit, the manufacturer shall provide, where available, copies of the reports
to evaluate items ABNT NBR ISO 14971 and ABNT NBR IEC 60601-1 of Attachment A and
of ABNT NBR ISO 13485:2004, of Attachment B, rom any other evaluation system,
audits/inspections of SGR and SGQ, and the corrective actions that have been implemented when
identified and applicable.
6.2.3.2.8 If there is a need to include new products and/or accessories within the already certified
product family, after the initial audit, the OCP should check whether or not a special audit, if the
initial audit has not covered all manufacturing steps, is needed for new products.
6.2.3.2.9 OPC, after audit, shall issue report, registering the result thereof, having this RAC as
reference.
6.2.3.2.10 The audit report must be signed by, at least, the audit team, provided that a copy shall
be available to the certification applicant.
6.2.3.2.11 Any changes in the productive process must be informed to OCP and may imply, if
affecting the compliance of product, a new audit
6.2.3.2.12 In case of certification based on “pilot unit”, it is incumbent upon OCP, during the audit,
to ensure that the product manufacture in scale corresponds to the tested “pilot unit”.
The Test Plan should be set initially by the manufacturer and OCP, observing the rules of ANVISA
Normative Ruling in force subsequently undergoing critical laboratory analysis for implementation
of the budget, meeting the following requirements:
6.2.4.1.1 In this phase the OCP should analyze the consistency of the documentation submitted by
the applicant in item 6.2.3 for the preparation of the product Tests Plan defined by the risk
management map.
6.2.4.1.2 The Test Plan should be consolidated between OCP and the laboratory, before the start of
the tests, according to the following requirements:
a) The laboratory must interact with the PCP, in case of doubts about conducting the tests in the
definition stage of the tests to be performed.
b) There must be interaction between OCP and the laboratory to enable and facilitate the execution
of the tests or if required a modification of the Initial Test Plan.
6.2.4.1.3 The laboratory shall confirm and list in the test report all the received documentation
necessary to the performance of tests, listed in item 6.2.1, as well as indicate its versions, whenever
applicable.
6.2.4.1.4 During the execution of the tests, the laboratory may question and request OCP to review
the test plan and submitted documentation.
6.2.4.1.5 The type test shall be fully performed in the pilot unit or in sample of production line of
equipment under certification process.
6.2.4.1.6 The test report issue shall not exceed two (2) years as of the acceptance date of
contraction of OCP for product certification.
6.2.4.1.7 For large equipment, according to definition of item 4.7, the issue of the test report
cannot exceed four (4) years from the date of the acceptance of contraction of OCP for certification
of product.
6.2.4.1.8 May be accepted, in the initial assessment, that meet test reports, at least the requirements
of clause 6 of this RAC, since:
a) All changes made in the project are properly documented and the relevant tests carried out and
also documented;
b) If there have been no significant changes in the project, in accordance with paragraph A1 of
Attachment A of this RAC, since the issuance of the reports, the applicant must submit document
stating that after the date of issue of the test report the product has not been changed; and
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c) The assessment of the testing performed of initial project equipment and product risk
management for which the report was issued, the date the equipment project and statement of item
6.2.4.1.8.b must integrate the certification process documentation of equipment.
6.2.4.1.9 The planning of type tests on collected samples of the product should be carried out by
OCP after evaluation of the documents listed in item 6.2.3 and the analysis of test reports carried
out previously, submitted by the applicant, which must comply with technical standards applicable
listed in item 3 of this RAC and in IN Anvisa in force and requirements of RGCP complemented by
this RAC.
The type tests should be repeated by evaluating the OCP of impact of changes in the mechanical or
electrical-electronic project, or changes to critical components, items 4.8 and 4.9 of the standard
ABNT NBR IEC 60601-1 of the product materials list originally certified made by the
manufacturer, where such assessment concludes that the revisions or changes impacting on
previously assessed accordingly. It should also be repeated the type tests by determination of
Anvisa or at the time of recertification of the product and project, with technical justification for
such an achievement.
6.2.4.2.1 In order to achieve the product recertification tests, the sample should be collected by the
OCP or by agreement between the parties, sent to the laboratory under the supervision of OCP by
the manufacturer. The sample must consist of one (1) unit of production line of products already
inspected, released and packaged for sale. The OCP must prepare the sample report, detailing the
following information: date and place of manufacture, storage conditions, sample identification
(model, brand, batch number, software version, when applicable, and date of manufacture);
6.2.4.2.2 The manufacturer, as agreed with the CFP, must control all characteristics of the sample
before sending it to the laboratory;
6.2.4.2.5 If OCP deems necessary the assessment of more than one (1) sample, the amount of
samples, acceptance/rejection criteria and exceptional cases must be negotiated with the
manufacturer for a number greater to or equal than three (3) samples;
6.2.4.2.9 If the OCP or manufacturer deem necessary, under an agreement negotiated between the
parties, the assessment of more than (1) a sample, the number of samples, acceptance/rejection
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criteria and exceptional cases should include a number greater than or equal or multiple of (3)
samples and all samples taken from the same production batch. In this case apply in full the
following requirements RGCP:
a) the Table 4; and
b) i t em 6.2.4.2.1.
6.2.4.2.11 The requirements 6.2.4.2.3 and 6.2.4.2.4 of RGCP are applicable replacing the term
“Prototype” by “Pilot Production Unit” as defined in requirement 4.22 of this RAC.
6.2.4.2.12 The OCP must verify compliance and the evaluation by the manufacturer or laboratory
tests of all applicable regulatory requirements;
6.2.4.2.13 The manufacturer shall demonstrate to the OCP, through photos, diagrams and other
means to ensure, unequivocally, that the sample meets the characteristics defined by the OCP.
6.2.4.2.14 The collection of samples, for family, should be carried out in accordance with
Attachment D of this RAC, selecting the model most critical configuration.
6.2.4.2.15 The approval of pilot unit in initial tests does not exempt OCP from validating the
products after start of production line operation.
6.2.4.2.17 Upon failure of the sample in the tests, the non-compliance shall be notified to the
applicant. If the applicant does not technically challenging the non-compliance, this step will be
suspended and the applicant must submit a plan of treatment and exclusion of non-compliance
observed for the resumption of trials defined as required by the OCP, from the analysis of the
corrective action manufacturer. The date for the resumption of initial tests will be agreed between
the applicant, OCP and laboratory.
6.2.4.2.18 Upon failure of tests, and depending on the assessment of OCP, the sample should be
deemed failed, and a new sample should be forwarded by the manufacturer to the laboratory. OCP
should control all features of new samples.
6.2.4.3.2 It applies to the requirement 6.2.4.3.2 of RGCP with the following changes:
a) Item “a” and Notes 1, 2, 3 and 4 shall be fully applied;
b) Item “b” shall be fully excluded, being replaced by the following text:
“When the laboratory(ies) accredited by Inmetro/Cgcre or signatory of mutual recognition
agreements ILAC or IAAC, fully in the specific scope does not comply with, at most, four (4)
months the deadline for the start of the tests described in RAC from the contract signing, in
exceptional and precarious, the OCP can be used laboratories in accordance with the requirement of
6.2.4.3.1 of RGCP. For large size equipment as defined 4.7, this period extends to a maximum of
six (6) months.
c) Item “c” is completely excluded; and
d) The laboratory of third-party accredited has the prerogative of performing external local texts
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regarding the physical location of laboratory, provided that clearly described in accreditation scope
its condition of accredited for performance of tests in external facilities to the laboratory.
6.2.4.3.4 It applies to the requirement 6.2.4.3.4 of RGCP with the following changes:
“In any case of laboratory use of 1st party accredited in the scope of specific test, in whole or in
part, the OCP should witness, record the execution of all tests, including monitoring of selection
and sample preparation step and making results”.
6.2.4.3.5 It applies to the requirement 6.2.4.3.5 of RGCP with the following changes:
“In any case of use of laboratory of 1st or 3rd party accredited for another scope test, the OCP
should, after acknowledge and document the training and infrastructure (including equipment) lab,
witness, record the execution of all tests, including monitoring the selection step and preparation of
the samples and results outlet”.
6.2.4.3.6 The requirement 6.2.4.3.6 of RGCP is fully applied, adding the following text:
“In order to comply with formal verification requirement of experience, professional OCP must
have record of participation at least three (3) audits in the past three consecutive years, in standard
ABNT NBR ISO/IEC 17025:2005 and evidence of knowledge, training and experience in the trial
to be evaluated and the product being tested. Formal training of audit in the standard ABNT NBR
ISO/IEC 17025:2005 should be administered by an independent organization OCP.”
6.2.4.3.8 If a single laboratory is not able to perform all the tests prescribed more than one
laboratory can be used, complying with the requirements for RGCP lab selection complemented by
this RAC.
6.2.6.1.1 In the case of digital sphygmomanometers certification and digital clinical thermometers,
which must meet metrological regulation, the certificate of compliance shall only be granted to the
applicant after obtaining the Model Approval Order issued by Inmetro.
6.2.6.1.2 Product testing reports for service of metrological requirements may be used in the
certification process of this RAC if duplicate any specific requirement of compliance assessment.
6.2.6.1.3 The Compliance Certificate will be valid for five (5) years, as of its issue.
The audit of maintenance should be performed by the OCP, as the conditions of RGCP and in
Attachments A and B of the RAC with the following changes:
6.3.1.1.1 The OCP must schedule periodical maintenance audit in the production process of the
manufacturer or service provider covering at least the following steps:
a) verification of the original documents referred to in item 6.2.1, in particular with regard to
their availability, organization and retrieval;
b) analysis of records, especially those related to compliance with the requirements for
conducting audits listed in Attachments A and B of this RAC; e
c) OCP shall assess the auditing firms with production process considered essential to the
manufacture of the product object of this certification, if these companies adopt a quality
management system certified in accordance with the standard ABNT NBR ISO 13485:2004 or
RDC Anvisa No. 16/2013 “Certificate of Good Manufacturing Practices and Control”:
i) the last audit report on the subject product of this certification covers the requirements of
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Attachment B and that they are in compliance with;
ii) that in both cases the certificate is valid; and
iii) that the general items of Attachment A of that verification RAC
have been met.
6.3.1.2 It applies to the requirement 6.3.1.2 of RGCP replacing the term “Inmetro/Dconf”
for “Anvisa”;
6.3.1.3 The OCP must witness the performance of routine testing on the production line where
applicable.
6.3.1.3.1 The audit shall be made in agreement between the OCP and the manufacturer. The OCP
must program the factory audit for the period in which the production line is producing.
6.3.1.3.2 The OCP must witness operation of the production line and the realization of functional
tests and routine, when applicable, as scheduled, recording the serial number and model of the
product assessed in onsite trials.
6.3.1.4 If the OCP is not possible to witness the assembly line operation even during maintenance
audit, OCP must schedule a special audit to be held in the week that the assembly line production is
restarted.
6.3.1.5 Since there is evidence that the warrant or statement of Anvisa, the OCP can hold special
maintenance audits and type tests to check the maintenance of compliance of certified products.
6.3.1.6 The frequency of maintenance audits cannot be greater than fifteen (15) months from the
date of Certificate Issue;
Note 1: Maintenance Testing Plan is not applied to factory routine tests, previously agreed between
OCP and manufacturer, in accordance with the AGR and Attachments A and B of the RAC where
applicable.
6.3.2.2.1 The collection of samples, per family, in accordance with Attachment D of this RAC,
should include the model most critical configuration.
6.3.2.2.2 The minimum of one (1) sample must be collected from the production line, by random
selection performed by the OCP products already inspected, and packaged for commercialization
released.
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6.3.2.3 Lab definition
The Lab Defining criteria, if identified changes in the product during the certification maintenance
audit should follow, along with the requirements of RGCP, the same requirements of item 6.2.4.3 of
this RAC.
6.3.3.1 In the event of failure during the course trials of item 6.3.2.1, Compliance Issue will be
suspended until evidence of the applicant, in a new audit, when it will be carried out new sampling
and new tests, elimination of non-compliance. The new audit will take place within a period not
exceeding fifteen (15) days.
6.3.3.2 If the sample failure occurs during the tests, the non-compliance shall be notified to the
applicant and the Compliance Issue will be suspended. If the applicant does not technically
challenging the non-compliance within 15 days, the applicant must submit a plan of treatment and
remedy of non-compliance observed for the resumption of tests defined as required by the OCP,
from the analysis of the corrective action manufacturer. New sample shall be taken in accordance
with the requirement 6.3.2.2 of this RAC and new tests performed.
6.3.3.3 The failed products in the possession of the applicant, shall be canceled by the
manufacturer with accompanying OCP, unless it is possible the reprocessing.
6.3.3.3.1 The decision must be properly grounded to ensure that they are not placed on the non-
conforming market products or with compromised safety.
6.3.3.4 If noncompliance verified during the maintenance tests are remedied, the OCP must assess
the need for performing new tests according to item 6.2.5 of this RAC.
6.3.3.6 Products not subject to repair and not conforming must be collected and destroyed with the
accompaniment of the OCP. In the event the product is repaired, the same after repair, must
undergo all the necessary tests to finished product release to assess whether the non-compliance was
properly cleared.
6.3.4.1 OCP should inform about the cancellation or suspension of the certificate to ANVISA
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through email [email protected] including the following information:
a) Certificate number and number of OCP
b) applicant's name
c) Brand and model of the product.
d) Anvisa registration number
e) An account of the reason for the cancellation or suspension, with the report number if applicable.
6.4.1 The complete type tests should be repeated with respect to the following situations:
a) Test reports can be accepted up to two (2) years from the date of acceptance of the
recertification when there occur the conditions set forth in items (b), (c) or (d). For large equipment
as defined in item 4.7, the term for the date of issue of the test report extends to four (4) years. The
deadlines apply on the date of signing of the OCP accepted for recertification of the product;
b) Change in the review of any technical standard of the current Instruction used in the initial test
affecting the results of the tests carried out previously;
c) changes in the structure of the equipment that implies changes in the product with the previously
assessed compliance; and
d) As requested by Anvisa.
6.4.2 OCP must inform ANVISA through [email protected] email about the
non-conformities identified in the recertification, requiring a playing field or recall where there is
sufficient evidence or proof that a product for health does not meet the essential requirements of
applicable safety and efficacy. Using the item requirements 6.3.3.5.
7 CLAIMS TREATMENT
The criteria for dealing with complaints must follow the requirements of RGCP complemented by
this RAC.
7.1 It applies to the requirement 7, “Claims Treatment”, of RGCP, in full complemented by this
RAC:
7.2 OCP should perform audits with a maximum interval of 15 months, the applicant made to
assess the requirement 7 of RGCP; and
7.3 The applicant must ensure forwarding complaints to the manufacturer and the answers to the
same customer manufacturer;
7.4 The applicant must have a dealing with complaints that includes the requirement 7 RGCP,
expressed as Complaint Treatment Policy signed by its largest business.
8.1 It applies to the requirement 8 “Activities Performed by OCP accredited by member of the IAF
MLA” of RGCP, in full.
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9 CERTIFICATION TRANSFERENCE
The criterion “Certification Transference” must follow the requirements of RGCP.
9.1 It applies to the requirement 9, “Certification Transference”, of RGCP, in full
complemented by the understanding between OCP LIABILITY Limit OCP emitted by the activity of
the receptor.
10 TERMINATION OF CERTIFICATION
The criteria for Certification Termination must follow the requirements of RGCP, complemented by
instructions of this RAC.
10.2.1 The collection of samples and the realization of the process of closing assays can be
performed in accordance with Attachment A of this RAC at the discretion of OCP.
10.2.2 For equipment EM and large EM systems, it is not necessary to collect samples and closing
tests. The OCP should assess the latest records accompanying test performed by the manufacturer
responsible for the supply chain.
10.6.1 The OCP shall notify the termination of the certification Anvisa via email
[email protected] with the following information:
a) certificate number and OCP number;
b) applicant's name;
c) brand and model of the product; and
d) Anvisa registration number.
e) attaching the reason for the termination.
10.7.1 The results of the audit, testing and closing records should be documented to integrate the
product certification process documentation and must be kept by the OCP in electronic media or
other until at least five years of certification of the closing date.
11.2 It applies to the requirement 11.2 of RGCP replacing it by the following text:
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ATTACHMENT OF INMETRO ORDINANCE No. 54/ 2016
“The Compliance Identification Tag can be printed on Compliance Issue, and must be marked or
affixed to the product and/or printed or attached to the packaging, in accordance with the
instructions set out in Attachment C, Compliance Identification Tag, of this RAC”.
11.3 It applies to the requirement 11.3 of RGCP replacing it by the following text:
“For imported products, the Compliance Identification Tag shall be marked or affixed to the
product and/or printed or attached to the packaging, in accordance with the instructions set out in
Attachment C, Compliance Identification Seal, of this RAC, before the entry of the same in the
country”.
11.4 Specification
The specification of Compliance Identification Tag is defined in Attachment C herein.
11.5 Traceability
The applicant must implement a control for the traceability of products bearing the Compliance
Identification Tag, should this control be available to Inmetro and Anvisa for a period of time
equivalent to the expected useful life of the product, but in no case for less five (5) years from the
date of commercial distribution by the manufacturer. The OCP should check the implementation of
this control as well as the effectiveness of product traceability certificates.
12.1 It applies to the requirement 12, “Authorization for Use of Compliance Identification Tag”, of
RGCP, in full.
13.1.1 Only produce, import and market the object of certification products, which comply with this
RAC and as evidenced by Compliance Issue.
13.1.2 It is fully applied the requirements of 13.1.2, 13.1.3, 13.1.4, 13.1.5, 13.1.6, 13.1.7, 13.1.8,
13.1.9, 13.1.10, 13.1.17, 13.1.18, 13.1.19 and 13.1.20 of RGCP.
13.1.4 It applies to the requirement 13.1.12 do RGCP with the following text:
“Announcing the field of action or recall of certified products with non-compliance, do it according
to the rules of Anvisa RDC No. 23 of 2012 or its substitute.”
13.1.5 The requirement 13.1.13 of RGCP is replaced with the following wording:
“13.1.13.1 Report to Anvisa, according to the timetable in accordance with ANVISA RDC No. 67
Resolution of December 21, 2009, or its substitute, when identifying the certificate object
distributed on the market have non-conformities, which put at risk the health or safety the
consumer, after the knowledge of the following events that occur in the country associated with the
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ATTACHMENT OF INMETRO ORDINANCE No. 54/ 2016
medical device certificate and Anvisa registration on its behalf:
a) death, serious threat to public health and counterfeit.
b) serious adverse event, with no associated deaths; and no serious adverse events whose recurrence
has the potential to cause serious adverse event in a patient, user or other person.
13.1.13.2 Report to Anvisa, according to the timetable in accordance with ANVISA RDC No. 67
Resolution of December 21, 2009, or its substitute, after technical defect observed in the country
associated with the medical device certificate and Anvisa registration on its behalf, that may lead to
serious adverse event in a patient, user or other person, provided that at least one of the following
conditions is verified:
a) the possibility of technical defect of recurrence is not remote;
b) an instance of the same type has caused or contributed to death or serious harm to
health in the past two years;
c) the product registration holder needs to take action to prevent a health hazard;
d) there is possibility of error induced use by design, labeling or poor instructions.
13.1.13.3 Report to Anvisa, according to the timetable in accordance with ANVISA RDC No. 23
Resolution of April 4, 2012, or its substitute, for notification of the completion of field action
involving products for the health of its responsibility, in accordance with the following conditions:
I - in case of need to use the mass circulation of media vehicle for the dissemination of the alert
message;
II – In case of hazard to public health;
III When identified occurrence risks of serious adverse event and the situation does not frame by
subsections I or II of Article 9th of RDC No. 23/2012.”
13.1.6 The requirements 13.1.14 and 13.1.16 are fully applied replacing the term “Inmetro” for
“Inmetro and Anvisa”.
13.1.7 in case of need to use the mass circulation of the media vehicle for the dissemination of the
alert message:
13.1.7.1 Ensure the achievement of routine tests on products, as Attachment A, 100% of the
manufactured units.
13.1.7.2 Perform tests according to item 6.2.4. as established by Anvisa or Inmetro to evidence
the compliance maintenance of certified products.
13.1.7.3 Ensure that the RMP and RHProj are kept updated at any time certification under
penalty of suspension or withdrawal of certification in the case of breach of this requirement.
13.1.7.4 Ensure, in the case of digital sphygmomanometers and digital clinical thermometers,
maintaining the same conditions of the type approval of Ordinance where such product is subject to
certification/maintenance/recertification. There is change in the product to meet the requirements
approved herein, this must be submitted to a new technical assessment model of the Directorate of
Legal Metrology – Dimel, via e-mail [email protected], regardless of the impact analysis,
which needed to be made in the pilot unit for approval requirements in this RAC.
13.1.7.5 Meet the other legal requirements for the manufacture, import and marketing of the
product, under penalty of suspension or cancellation of certificate.
13.2.2 It is fully applied the requirements 13.2.1, 13.2.2, 13.2.3, 13.2.4, 13.2.5, 13.2.6, 13.2.8,
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13.2.9, 13.2.12, 13.2.13, 13.2.14, 13.2.16 and 13.2.17 of RGCP.
13.2.3 It applies to the requirement 13.2.7 of RGCP being replaced by the following text "Collect,
when applicable for determination of Anvisa, before suspicions or duly substantiated complaints,
samples for defined essays in this RAC, bearing the costs related to collection and testing,
observing the provisions of item 14 of this RAC.”
13.2.4 It is completely applied the requirement 13.2.10 do RGCP replacing the term “Inmetro” by
“Inmetro and Anvisa”.
13.2.5 It is completely applied the requirement 13.2.11 of RGCP, replacing the term
“Inmetro/Cgcre” for “Anvisa”; and the term “ABNT NBR ISO 9001 or ISO 9001” by “ABNT NBR
ISO 13485:2004 or Anvisa RDC No. 16/2003 Good Manufacturing Practices”
13.2.6 It is completely applied the requirement 13.2.15 of RGCP replacing the term
“Inmetro/Dconf” by “Inmetro/Dconf and to Anvisa”;
13.2.7.1 For digital sphygmomanometers and digital clinical thermometers when such a product
remains unchanged under the conditions mentioned in the type approval of Ordinance during
certification / maintenance / recertification, request the applicant to submit the product to new
technical assessment model to Metrology Directorate Legal - Dimel, via e-mail
[email protected], regardless of the impact analysis, which needed to be made in the pilot unit
for approval to the requirements of this RAC.
13.2.7.3 Inform the applicant about requirements established by Inmetro and Anvisa that the
impact.
13.2.7.4 Maintain, on the website of Inmetro, the relationship of all certificates issued, allowing
the full reading of the texts and information regarding these certificates, or through consultations
extracted reporting database containing all information contained in certificates issued.
13.2.7.6 Convey to the applicant the requirements established by Inmetro and Anvisa that the
impact.
13.2.7.7 Maintain, on the website of Inmetro, the relationship of all certificates issued, allowing
the full reading of the texts and information regarding these certificates, or through consultations
extracted reporting database containing all information contained in certificates issued.
14 MARKETING MONITORING
The criteria for monitoring the market is incumbent upon Anvisa, being established by
regulations of that agency for the under Health Surveillance Equipment.
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15 PENALTIES
The criteria for application of penalties should follow the requirements of RGCP complemented by
this RAC.
15.1 The applicant who fails to meet the requirements of this RAC, is subject to suspension and
cancellation of certification penalties, defined and operationalized as the certification scheme
Inmetro.
15.2 For products subject to registration and registration at Anvisa, the requesting company that
fails to meet the requirements of this RAC, the appropriate items, is subject to the penalties
described in Law no. 6437/77 and art. 273 of the Brazilian Penal Code - Law No. 2848/40 and
offenses subject to penalties will be considered, among others:
15.2.1 Provide products outside of quality standards to the Compliance Identification Tag established
in this RAC;
15.2.2 Using Compliance Identification Tag in products not bearing the certification;
15.2.4 Prevent the access of auditors do documents and registration of its system; and
15.2.5 Not accept the verification and collection within the terms set forth herein.
15.3 The noncompliance of requirements applicable in this RAC, by the requesting company,
which the products are not subject to registration and enrollment in Anvisa, grants sanitary breach,
according to Law No. 6437, dated August 20, 1977 and article 273 of Brazilian Penal Code – Law
No. 2848/40, without prejudice the civil, administrative and criminal penalties applicable, including
those set forth by Law No. 8078, dated September 11, 1990.
16 DENOUNCES
It is completely applied the requirement 16 “Denounces” of RGCP.
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ATTACHMENT A – AUDIT
A.1 The factory audits must be performed in compliance with requirements of table 1.
1. It shall be used as a basis for evaluating the risk management file. The AGR must demonstrate
that no change affecting the relevant product safety unmet by control measures. The requirements
of Tables 2, 3, 4, 5, 6 and 7 must be audited and for this purpose may be used electronic means and
tools for assessing the document compliance.
A.2 In initial certification audit, it will be inspected the documents to be used in production.
1. Statistical data of production for manufacturers in Brazil, or foreign producers who are starting
production of the object of certification may be available only during the first audit of maintenance
or in the event of an extraordinary audit before it.
2. Statistic date of production for foreign manufactures already producing the subject matter of this
certification must be verified in Initial Factory Audit.
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3.1 The OCP should check RHProj and RMP changes that imply the need to conduct new type tests
according to item 6.2.4 of this RAC.
4. The OCP must witness the complete manufacturing, assembly line and check the RHP, of a
product, in order to ensure there are no processes or process changes not documented in the AGR.
Where certification is per family, the selected model should be the most critical configuration of the
certified product.
4.1. The OCP must witness the realization of routine tests on the assembly line, provided by the
manufacturer, in accordance with the AGR product, registering the model and product serial number
tested in the audit report. The selection of the sample for testing should follow the guidance of item
6.2.6 of this RAC.
5. The inspection of the plant documentation must demonstrate that routine tests are applied to
100% of the units produced to confirm the operation (essential performance) correct product and
electrical safety, where applicable. The requirements that must be checked are subject to agreement
between the OCP and the manufacturer to ensure the safety of the certified product.
6. The electrical safety routine tests must prove that the product meets the sections 8.6, 8.7 and 8.8
of ABNT NBR IEC 60601-1:2010 amended version 2013 as follows:
a) grounding (section 8.6);
b) Leakage current measurement (section 8.7);
c) dielectric strength test (section 8.8, nondestructive); and
d) functional tests are specified by the manufacturer and agreed with the OCP.
6.1 For the realization of routine testing is recommended the use of the prescribed verification IEC
TR 62354:2014 General testing procedures for medical electrical equipment, routine testing in item
production line K.
7. The OCP should analyze the AGR applying all the requirements of ISO 14971 (Table 2 of this
RAC). If you identify a change technical standard or project that impacts the safety, OCP must
confirm the AGR if the product was tested again for the requirement analyzed or forms established
control measures.
8. Among the changes documented in the AGR on the analysis of the object must be related
modifications to the mechanical design, electrical design, software, installing the product, materials
and electronic components which may affect or alter the functional safety, and security the
electromagnetic compatibility (EMC) and electrical product.
9. Product samples that need to be collected for testing during a factory audit must meet the item
6.2.4.2 of this RAC.
10. The OCP shall assess the quality management system of the manufacturer and audit importers,
record holders and registration, certification of applicants in accordance with the requirements of
Annex B of the RAC. The certification in accordance with ABNT NBR ISO 13485/2004 is optional.
In the case of external certification, the certificate must be valid and the certification audit report
must ensure compliance of the items of Annex B of this RAC. The manufacturer can demonstrate
compliance with the requirements of Anvisa RDC No. 16/2013 Good Medical Products
Manufacturing Practices and Products for In Vitro Diagnostic Use.
Table 2 – The requirements for assessing the Standard ABNT NBR ISO 14971
Risk management application to health products Audit
Compliance Assessment Requirements.
Requirement Description Standard Requirement
General requirements for risk management 3
senior management responsibilities 3.2
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Remark 1: Compliance is evidenced by the OCP for confirmation that the requirements of Table
3, the Standard ABNT NBR IEC 60601-1: 2010/2013.
Remark 2: The requirements of Table 3 remain unchanged through the Risk Management.
Requirement Standard
Usability Description Requirement
1
Conditions for application to electro-medical equipment 4.1
Usability Engineering Process for electromedical equipment 4.2
Replacement of the IEC 62366 requirements 5
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ATTACHMENT OF INMETRO ORDINANCE No. 54/ 2016
Requirement Standard
Description
Identification of environmental aspects Requirement
4.1
Click to minimize environmental impact during normal use 4.5.2
Information for the end of life management 4.5.3
The evaluation of item 4.1 of conformity must be made by confirming the completion of the
activity, without the requirement of matching shares for each environmental aspect identified during
the analysis; however, compliance with item 4.1 is essential for the preparation of statements of
requirements 4.5.2 e 4.5.3.
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B-1 In the initial assessment and during maintenance audit of SGQ of manufacturer using ABNT
NBR ISO 13485:2004 for product(s) subject matter of the certification, OCP must verify
the compliance with minimum requirements related in Table 8 below:
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In the evaluation, initial and maintenance of the SQG importers, record holders and registration,
certification of applicants in accordance with the requirements of ISO 13485: 2004 for the product(s)
subject matter of certification the OCP is to verify compliance with the requirements listed below:
B-2 service where applicable, should be checked in the QMS in accordance with ANVISA
Normative Ruling No. 8 of 12.26.2013, and manufacturers, according to Anvisa RDC No. 16 of
2013 or through the relevant requirements of the standard ABNT NBR ISO 13485:2004.
B.2.1 Optionally Technical Assistance, where applicable, can be performed in accordance with the
definition 4.1.1 - Technical Support - Extended Definition.
B-3 The audit of importers, record holders and registration, certification applicants must assess the quality
management system the calls to the ISO 13485 requirements: 2004, Table 8 and compliance with item 7
Complaint Handling of RGCP.
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NO
CONTRACT MANUFACTURER:
It is incumbent upon the
Performs intermediate stages of production
V legal manufacturer perform
(manufacturer of components and parts which
the necessary controls
compose a finished health product).
purchases and qualification
of suppliers.
(LEGAL) MANUFACTURER:
VI NO
Does not perform productive steps.
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C.1 In the certified product identification must contain the information set forth in this Annex as
the scope, compulsory or voluntary.
C.2 The applicant must comply with the following requirements for the use of the Compliance
Identification Tag:
a) The tag, as shown in Figure 1, can only be used in products listed in the existing IN / Anvisa
establishing technical standards, adopted for certification of conformity of Equipment under
Regime of Health Surveillance;
b) The tag, as shown in Figure 2, is applicable to Equipment not included in item C.2.a.
c) In packaging, the label must be printed or label should be used with features indelibility and
permanence, provided it meets the minimum dimensions as defined in Figure 1 and 2 of this
RAC;
d) In the product when the stamped, printed or inserted through label Compliance Identification
tag does not fit on the front of the equipment, you can use the Compliance Identification tag
depicted in Figure 3 (compulsory certification) and Figure 4 (voluntary certification).
e) In the product when the Compliance Identification tag cannot be fixed as items C.2.a, C.2.b
and C.2.d, it would not fit on the front of the equipment, it can be affixed to other parts of the
same; e
f) The black and white version can be used only in case the packaging has the same color
similar to the color seal.
C.3 The OCP must ensure that the affixing of the Compliance Identification Tag is made of
indelible, permanent and visible way as well as the possibility of Equipment under Board of Health
Surveillance be screened by sequential numbering either deliberately by the OCP in agreement with
the applicant.
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Figure 3 - Compliance Identification Seal compact for products with compulsory certification
Figure 4 - Compliance Identification Seal compact for products with voluntary certification
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1 - Do the products part of this family are manufactured by the same manufacturer
or manufacturing group within the same essential production process and governed
No by a single quality system?
Yes
No
Yes
3 - Do the products part of this family have the same indications, purpose or use to
which the product is intended?
No
Yes
Yes
5 - Do the products part of this family have similar processes and the differences
between its members do not imply changes in the risks associated with these
No
individually (risk management files)?
Yes
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