Product Registration and Regulatory Updates

Don Chen, MBA CMDA North American Liaison Office

Agenda

 Regulatory Environment  SFDA Medical Device Registration  SFDA Health Food Registration  Regulatory Updates  Implications for Manufacturers

Regulatory Environment

 State Food & Drug Administration (SFDA) • Became part of MOH since Mar 2008 • National regulatory authority of drug and medical device • In charge of comprehensive supervision on food safety management  General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) • Drafts rules and regulations on certification and accreditation, safety and quality licensing, hygiene registration and qualification assessment • Conducts mandatory safety registration, certification and inspection for certain devices (CCC mark)

SFDA

 All imported medical products must be registered with SFDA prior to selling in China  Products made outside China need to go to central SFDA for approval  Registration is valid for 4 years  Registration cannot be transferred

AQSIQ

 7 categories of MD requires CCC mark • Medical diagnostic X-Ray Equipment • Haemodialysis Equipment • Hollow Fiber Dialysers • Extra-Corporeal blood circuit for blood purification equipment • Electrocardiographs • Implantable cardio pacemakers • Artificial heart lung machine  Enforces safety and quality standards of medicines and health products

SFDA Registration

 Required documentation • SFDA registration form • Legal production qualification (FDA registration) • Business license of Chinese agent, who must be located in China, have a valid business license and a letter of commission from the manufacture • Marketing approval from government of country of origin • Product Standard • Operation Manual

SFDA Registration, Cont.

 Required documentation • Test report issued by SFDA-certified test center • Clinical trail report • Quality Guarantee letter • Letter of authorization to agent undertaking the registration • Post-sales authorization • Self-guarantee declaration

SFDA Registration, Cont.

 Medical device classification • Class I: low risk, considered safety, general control safety and effectiveness can be ensured through routine administration • Class II: middle risk, relative safety, special control further control is required to ensure their safety and effectiveness • Class III: high risk, highly special control implanted into the human body, or used for life support or sustenance, or pose potential risk to the human body and thus must be strictly controlled in respect to safety and effectiveness

Form of Operation / Type of device Device for transportation and storage of pharmaceutical liquid Device for alternation of blood and body fluid Device for medical dressing Surgical instrument (inserted) Reusable surgical instrument Disposable aseptic surgical device Implantables Device for contraception and birth control Device for sterilization and cleaning Other contacting passive device Device for Treatment through energy Device for diagnostic monitoring Device for body fluid transportation Device for ionized radiation Other general active device

SFDA Medical Devices Classification

Skin,Cavity and Tract Temporary Use Trauma Tissue Blood Circulation Central Circulation Contracting or inserted Device Skin,Cavity and Tract Short-term use Trauma Tissue Blood Circulation Central Circulation Skin,Cavity and Tract Long term use Trauma Tissue Blood Circulation Central Circulation / 2 1 1 1 1 / 2 2 1 2 2 2 1 2 2 / 2 2 / 2 2 2 2 2 3 3 2 3 2 3 3 / 2 3 2 1 2 2 2 / 2 2 / / 2 2 2 3 3 / 2 2 / / 2 2 3 3 2 3 3 2 3 3 3 / 2 3 / 2 2 / 2 3 3 2 2 / / 3 3 / 3 3 3 2 3 / / 3 3 3 3 / 3 3 3 / 3 3 3 2 3 /

SFDA Registration, Cont.

 Registration timeline • Class I: 5-6 months • Class II & III without clinical: 7-8 months – Marketed in country of origin – Manufacture is ISO 9000-certified – Product modification does not affect safety and efficiency – Non-implants, no radioactive sources – Would not cause serious injury or death to patient and operator • Class II & III with clinical: 12-14 months

SFDA Registration, Cont.

Dossier Preparation & Spec Drafting 2-3 Months Sampl e testing

Class 1 products

Filling 90 working days Evaluatio n Center Review Yes No Clinical Trial Clinical trial not required 1 month Final Approval

Health Food Registration

 Health food is defined as food that has specified health functions, suitable to be taken by specified group(s) of people, and for the regulation of the functional states of the human body and is not used for the treatment of diseases.  The category includes vitamin and mineral supplements that may not be used for the purpose of disease treatment.  All health food sold within China must be approved and registered with the SFDA, which will assess and examine the security, effectiveness, quality control and labeling of products.

Health Food Registration

 27 categories of health functions claims are approved by the SFDA • Enhancing immune function, Improving sleep, Improving endurance during anoxia, Assisting protection against irradiation, Increasing bone density • Improving tired eyesight, Eliminating acne, Eliminating yellow-brown spot, Improving skin moisture, Improving skin oil content, Improving constipation, Assisting protection against chemical liver injury • Assisting blood lipids reduction , Assisting blood sugar reduction, Antioxidation, Assisting memory improvement, Facilitating lead excretion, Moistening and cleaning throat, Assisting blood pressure reduction, Increasing milk secretion, Improving growth and development, Improving nutritional anemia, Regulating intestinal micro flora, Facilitating digestion, • Alleviating Physical Fatigue, Controlling obesity

Health Food Registration

 Required Documents • • • Health food registration application form. A copy of legal registration certificate of applicants.

Product’s Chinese name approval notification • • • • Letter of guarantee stating no infringement of preparatory rights Copy of trade registration certificate Product R&D Report Product formula and formula basis, and the origin and usage basis of raw and supplementary materials • Effective ingredients/ representative ingredients, contents, and testing methods for effective ingredients / representative ingredients • Diagram of productive techniques, detailed explanation (including original and translated version) and related research materials • Product quality standards (corporation standards, including original and translated version) and its compiling explanation, and quality standards of raw and supplementary materials.

Health Food Registration

 Required Documents • The category, name, quality standards, and selective basis of packing materials that in contact with products.

• Test report issued by accredited organizations • • • Sample product label and usage instructions Legal production qualification issued by country of origin Notarized letter of authorization to Chinese agent and copy of its business license or Registration of Rep. Office of Foreign Company • Marketing approval showing products has been sold in country of origin for more than 1 year • • Relevant standards of producing country (area) or international Samples of package, label, directions used in original country, and its Chinese version • • Other information helpful for evaluation 2 pieces of unopened samples

Health Food Registration Process

SFDA Updates

  More transparent and streamlined registration process • Registration requirements and procedures available at www.sfda.gov.cn

• Online inquiry of application status • Reduced redundancies between SFDA and AQSIQ: – 10 SDFA national testing centers are accredited by AQSIQ – SFDA and AQSIQ agreed to use the same report format • Re-registration gets easier Improved efficiency of medical device testing • Testing centers perform testing on multiple device types • More than 20 provincial level testing centers opened • Implemented a comprehensive training program

SFDA Updates

 MD Adverse Event (AE) Monitoring and Re-evaluation • National ADR center received 12,374 AE reports in 2007 • Imposes mandatory AE monitoring obligations – Manufactures, distributors and medical institutions must set up AE monitoring systems: record-keeping, tracking (class II & III) – Standard and annual (class II & III) AE report filing – Reporting AE discovered outside China • Control measures by manufactures and SFDA actions • Use of AE Reports – Enhance regulation and Administration, may not be used to initiate a lawsuit or medical dispute

SFDA Updates

 Product Re-evaluation • Establish re-evaluation indicators, methods and procedures • Initiate when associated safety risks discovered • SDFA will start re-evaluation if caused serious injury or death • Revision of specifications or revocation of certification  New regulations on medical device quality system management • “Criterion for Medical Device Quality System Management” outlines general requirements for medical device quality system management, covering issues such as design, production, installation, and sales.

• Integrates the ISO 13485 standard and the U.S. FDA quality system inspection technique along with certain requirements specific to China

Implication for manufacturers

 Working with a in-country regulatory representative: Independent or distributor • Experienced in regulatory compliance • Well-established and maintained relationship with the SFDA to ensure Effective and efficient communication  Appointment of legal agent • Required for a foreign medical device manufacturer that does not have an office in China • The agent needs to act as a liaison between the drug administration authorities and the foreign manufacturer, and is responsible for reporting adverse incidents and recalling medical devices with potential safety problem

Thanks

www.cmda.gov.cn

www.cmdae.com

www.medical2china.com