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

Brazil is the largest medical device market in Latin America, offering immense opportunities for manufacturers. However, its regulatory system is complex and governed by the Agência Nacional de Vigilância Sanitária (ANVISA). ANVISA oversees the registration of medical devices, the maintenance of registered products, and the Brazilian Good Manufacturing Practices (B-GMP) audit process.

The key regulation, RDC 751/2022, has been in effect since March 1, 2023, and serves as Brazil's cornerstone for medical device compliance. This regulation outlines the registration protocol and specifies the documentation required to register legally and market medical devices in the country.

Understanding and navigating ANVISA's requirements for manufacturers aiming to enter the Brazilian healthcare market. With offices in Brasília and São Paulo, Qserve's team provides local expertise to guide you through ANVISA's regulations. From interpreting complex requirements to ensuring full compliance, we help you efficiently bring your devices to market.

Leverage Qserve's in-depth global network to meet RDC 751/2022 requirements, align with MDSAP and IMDRF standards, and successfully access the Brazilian market.

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Brazil Medical Device Classification

Brazil Medical Device Regulations

In Brazil, medical devices are classified based on risk into four categories:

  • Class I (low risk)
  • Class II (medium risk)
  • Class III (high risk)
  • Class IV (maximum risk)

Manufacturers must follow the 22 classification rules outlined in Annex I of RDC 751/2022 to ensure proper classification. These rules were recently updated to align with the IMDRF classification system, incorporating specific guidelines for:

  • Software as a Medical Device (SaMD) under Rule 11.
  • Nanomaterials under Rule 19.

If there is any uncertainty regarding classification after applying these rules, ANVISA will determine the appropriate category.

Submission Processes Based on Risk Classification

  • Class I/II Devices: Submitted to ANVISA through Notification (“Notificação”).
  • Class III/IV Devices: Submitted using the more detailed Registration process (“Registro”).

Classification for IVDs
The classification rules for in vitro diagnostics (IVDs) differ significantly from those for medical devices. This approach is consistent with the regulatory frameworks in other LATAM countries.

Understanding these distinctions and processes is crucial for compliance with Brazil's regulatory requirements.

Contact Qserve to learn more about navigating Brazil's medical device regulations and ensuring proper classification and submission for your products. Our team of experts can guide you through the complexities of ANVISA’s processes to achieve market access efficiently.

Registration Routes in Brazil

Navigating ANVISA's Process

Brazil's medical device regulations provide two main registration routes based on the device's risk classification: notification (Notificação) for Class I and II devices and Registration (Registro) for Class III and IV devices. Both routes require careful preparation and submission through ANVISA's Electronic Petitioning System.

The Notification route offers a simplified process for lower-risk devices. While fewer documents are submitted to ANVISA, manufacturers must still compile a complete technical dossier before submission. This dossier must be kept on file with the Brazil Registration Holder (BRH) and include:

  • Proposed labeling and Instructions for Use (IFU).
  • All required technical documentation for potential ANVISA audits.

Key points to consider:

  • No revalidation required: Class I and II registrations do not expire
  • Subject to audit: Devices can be reviewed during an inspection, and market approval may be revoked if compliance issues arise.

Registration (Registro) for Class III and IV Devices
The Registro route requires a detailed submission for higher-risk devices, including a complete technical file for ANVISA's expert assessment. The process involves:

  • Multiple rounds of questions and answers during the review.
  • Inclusion of clinical data, clinical studies, legal documents, IFUs, and proposed labeling.
  • Revalidation every ten years, ensuring ongoing compliance with regulatory standards.

Both routes are designed to ensure the safety and efficacy of devices entering the Brazilian market, but each comes with unique requirements tailored to the device's risk profile.

Let Qserve guide you through the complexities of ANVISA's medical device registration process. Our experts ensure compliance, proper classification, and a seamless pathway to the Brazilian healthcare market.

 
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)

Foreign companies without a local presence in Brazil must appoint a Brazilian Registration Holder (BRH) to represent their medical devices in the country. The BRH is critical in ensuring compliance with ANVISA regulations and facilitating market entry.

Responsibilities of the Brazilian Registration Holder
The BRH, a legal entity recognized by ANVISA, acts as the Requester before device clearance and assumes responsibility for the device's commercialization after approval. The BRH can be the manufacturer, importer, or another authorized representative, and their details must appear on the device's labeling.

Key responsibilities include:

  • Managing the Brazilian Good Manufacturing Practice (B-GMP) certification process to ensure compliance with Brazilian quality standards.
  • Handling reportable events, recalls, renewals, and modifications of device registrations.
  • Ensuring the device is approved by ANVISA and can legally enter the Brazilian market.

ANVISA allows registration holders to authorize multiple companies to import products, providing flexibility for manufacturers. By appointing an independent BRH, manufacturers can:

  • : Maintain control over the distribution chain and minimize reliance on a single importer or distributor.
  • Add or change distributors as needed without disrupting the device’s market authorization.

A local BRH ensures compliance with Brazilian regulations, smooths the approval process with ANVISA, and facilitates the supply of products in the Brazilian market. This partnership is vital for successfully navigating the complex regulatory landscape and ensuring ongoing market presence.

Qserve provides expert guidance in appointing a reliable BRH, ensuring compliance with ANVISA, and streamlining your market entry into Brazil.

 

Additional Regulatory Requirements

Brazilian Good Manufacturing Practices (B-GMP) certification

All manufacturers seeking to register medical devices in Brazil must comply with Brazilian Good Manufacturing Practice (B-GMP) requirements, regardless of the device’s risk classification. B-GMP focuses on the quality control processes for manufacturing devices, complementing the technical requirements of the devices themselves.

B-GMP Compliance for Class I and II Devices

For Class I and II devices submitted through the Notification route (Notificação), manufacturers must:

  • Declare their knowledge of and adherence to B-GMP standards.
  • Ensure their processes align with B-GMP guidelines as part of the submission process.

B-GMP Certification for Class III and IV Devices
The process begins with a formal protocol requesting B-GMP certification for Class III and IV devices submitted through the Registration route (Registro). The device registration is contingent upon the issuance of the B-GMP certificate, which requires:

  • ANVISA conducted an on-site audit of every factory unit involved in production.
  • Verify compliance with Brazilian quality standards before market approval.

B-GMP certificates are valid for two years, and after this period, ANVISA may grant recertification based on documentation analysis rather than requiring another on-site inspection for overseas manufacturers. While an MDSAP certificate serves as a helpful reference and can accelerate the B-GMP approval process, it does not replace the requirement for B-GMP certification.

B-GMP certification is essential for demonstrating the quality and reliability of medical devices in the Brazilian healthcare market. Compliance ensures manufacturers meet Brazil's stringent standards, gaining the trust of regulators and healthcare providers.

Qserve’s regulatory experts guide you through the B-GMP compliance process, from preparation to successful certification, ensuring a smooth pathway to market entry in Brazil.

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?