Brazil Medical Device Regulations

Brazil Regulatory Compliance ANVISA RDC 751/2022

Regulatory compliance for the Brazilian market

ANVISA RDC 751/2022 Brazil medical device regulations

The Brazil medical device regulations are part of the Medical Device Single Audit Program (MDSAP) and co-founder of the International Medical Device Regulators Forum (IMDRF). The Agência Nacional de Vigilância Sanitária (ANVISA) is the National Health Surveillance Agency taking care of the registration of medical devices and maintenance of registered products in their database and the Brazilian Good Manufacturing Practices (B-GMP) audit. RDC 751/2022, applicable since March 1st, 2023, is the primary regulation that must be followed for the registration of all medical devices. It describes the device registration protocol and lists the documents required to legally register a medical device in Brazil.

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GO-TO-MARKET STRATEGY AND REGISTRATION SUPPORT

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Brazil Medical Device Classification

Brazil Medical Device Regulations

The Brazilian risk-based classification of medical devices is subdivided into four classes: I (low risk), II (medium risk), III (high risk), and IV (maximum risk). The 22 classification rules presented in Annex I of RDC 751/2022 must be followed to ensure the correct classification of the medical device. The rules were reviewed recently in line with the IMDR classification system, and there are specific rules for SaMD (rule 11) and for nanomaterials (rule 19) introduced. In case of doubt as to the classification resulting from the application of the rules established in this Resolution, ANVISA will be responsible for it. Medical devices with risk class I/II are submitted to ANVISA using the Notification process (“Notificação), and medical devices with risk class III/IV are submitted to ANVISA using the Registration process (“Registro”).

Substantial differences exist in the classification and rules for IVDs compared to medical devices. This approach is similar to that of other LATAM countries. Please contact our experts for more information on Brazil's medical device regulations.

Registration routes in Brazil

Process Brazil medical device regulations

Notification (“Notificação”) provides a simplified conformity assessment route for class I/II medical devices, which requires that fewer documents are sent to the agency and eliminates the need for revalidation. Nevertheless, the devices must have the full technical dossier completed before submission, and they are subject to review under audit and possible revocation of the market. 

Medical devices with risk class III/IV are submitted to ANVISA using the Registration process (“Registro”), which requires that the complete technical dossier is subject to the experts’ assessment with rounds of questions and answers. In addition, the devices must be revalidated every ten years.

Both routes require submission of documents in electronic format through the ANVISA‘s Electronic Petitioning System.
 
Global regulatory strategy

Brazil is the largest medical device market in Latin America. Understanding the pros and cons of the various pathways for market access in Brazil is essential to making informed choices. ANVISA has tried to harmonize the requirements and the requested documentation for registering medical devices in Brazil with other countries and regulatory bodies, especially the IMDRF, MERCOSUL, and EU Member States. To understand the most feasible and cost-effective approach to enter the Brazil market, Qserve can support you in determining your global regulatory strategy.

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Medical Device Registration and IVDs

Our regulatory consulting specialists support market access in the Brazilian medical device market. Based on your current compliance, we can conduct a gap analysis to determine the overlap and missing elements on how to complete the technical documentation efficiently. Qserve knows the essential requirements to ensure how to achieve regulatory compliance.  

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Qserve services for Brazil

  • Registration support in Brazil
  • Classification assessment
  • Build Brazil-compliant technical documentation
  • ANVISA certification, INMETRO, ANATEL certification
  • Brazilian Good Manufacturing Practice (GMP) support
  • Build MDSAP-compliant quality management system (QMS)
  • Local independent license holding Brazil, also known as Brazilian Registration Holder
  • Translations of labels and IFUs based on requirements
Services

Representation for foreign manufacturers

Brazilian Registration Notification or Registry Holder (BRH)

Companies without an establishment in Brazil must appoint a Brazilian Registration Holder (BRH) responsible for the medical device in the Brazilian territory that holds its commercialization after being released by ANVISA. This legal entity is called Requester before device clearance, can be either the manufacturer, the importer, or another representative, and must be the one listed on the labelling. The BRH will coordinate the Brazilian Good Manufacturing Practice (B-GMP) certification, take care of reportable events and recalls, and assist in renewals and modifications of device registrations. Foreign manufacturers are required to appoint a local BRH to ensure compliance, approval of ANVISA, and supply of their product on the Brazilian market. 

ANVISA allows registration holders to give authorization to other companies to import products. Therefore, having an independent representative can benefit manufacturers, as they can avoid conflicts of interest and change or add distributors as needed.
 

Additional Regulatory Requirements

Brazilian Good Manufacturing Practices (B-GMP) certification

All manufacturers must comply with the Brazilian Good Manufacturing Practice (B-GMP) requirements as an additional step in the registration process, regardless of the device classification. B-GMP is related to the quality control of the devices and not solely to the technical device requirements itself. The manufacturer must declare knowledge and use of the B-GMP for risk class I/ II devices subjected to the Notification route. The submission process starts with the protocol requesting B-GMP certification for risk class III/ IV devices subjected to the Registration route. Still, the actual register is conditioned to the publication of the B-GMP certificate, which applies to every factory unit and requires an on-site audit by ANVISA. A B-GMP certificate will be valid for two years. After this period, ANVISA could grant a B-GMP recertification based on documentation analysis instead of a re-inspection on-site of overseas manufacturers. An MDSAP certificate is considered an excellent reference to accelerate B-GMP certification approval. However, it doesn’t replace it. 

ANVISA Certification

INMETRO certification
ANVISA requires that certain medical devices, such as electro-medical devices subject to IEC 60601, are certified by the National Institute of Metrology, Standardization and Industrial Quality (INMETRO). INMETRO itself does not conduct certification; it is an accredited Certification Bodie. Tests for electro-medical products performed outside Brazil are usually accepted if based on recognized standards. Certified products will present an INMETRO mark.

ANVISA Certification

 

ANATEL certification
ANVISA also requires that medical devices and/or their accessories that have telecommunications modules in their technical characteristics, such as wireless communication modules, Bluetooth, wifi, a cellular interface, etc., using telecommunication/wireless communication, are certified by the National Agency for Telecommunications (ANATEL).
Language requirements

How to communicate with the authorities?

The submission documentation can be set up in Portuguese, English, or Spanish. However, the label and the IFU must be written in Portuguese. In addition, ANVISA publishes its resolutions in Portuguese as well.

Qserve presents Brazilians in the team who can help with ANVISA communication.

Regulatory timelines and fees

How long does it take to enter
the Brazilian medical device market? 

Fees and timelines required to register a medical device in Brazil can vary significantly depending on various factors, including the complexity of the device, the quality of the documentation submitted, the device's risk class, and the efficiency of the submission process. 

Important links and guidance documents

Where to find more information?