Requirements for Listing of Local Manufacturers
For a manufacturer to be included on the List of Local Manufacturers, and for as long as it remains on the list, it shall meet the following requirements: The manufacturer shall be a local manufacturer, and shall maintain its business registration for its business as a manufacturer of medical devices or for a business of which its business as a manufacturer of medical devices is a part. The local manufacturer shall establish, document, implement and maintain a quality management system which complies with the requirements of ISO 13485 or equivalent which also covers all the MDACS requirements. The local manufacturer shall demonstrate compliance with ISO 13485 or equivalent by means of certification by a recognized conformity assessment body. Alternatively, it may obtain the certification of its quality management system by a certification body that has been accredited by a Global Accreditation Cooperation Incorporated (GACI) (previously International Accreditation Forum (IAF)) member signatory as a body competent in certifying quality management systems. In either case, the manufacturer shall submit the application through the online Medical Device Information System (MDIS) (https://mdis.mdd.gov.hk/). If the manufacturer places any classes of medical devices on the market (in or outside Hong Kong), it shall provide the full list of the devices to the MDD. The list shall include the manufacturers, models and, preferably, the classes and common names or descriptions of the devices. The local manufacturer shall submit an updated list in soft copy to the MDD at 12-month intervals even if there is no change. The listing of a local manufacturer or assignment of a Listing Number to the manufacturer does not in any way denote approval or listing of the manufacturer’s products. The product labelling shall not include or refer to the local manufacturer’s Listing Number or any communications that claim or suggest that the manufacturer has been listed, registered or approved by the Medical Device Division (MDD)/ Department of Health/ HKSAR Government. Requirements in Respect of Advertisements, Promotional Materials etc. Where any document, statement, information, claim, advertisement, promotional material (or any other communication by any means) published to the public, customers or potential customers includes any representation that the manufacturer is a listed local manufacturer, or that the manufacturer is in compliance with the MDACS requirements on listed local manufacturers, it shall at the same time (a) clearly state the manufacturer’s Listed Scope of Manufacture; (b) include a statement to the effect that the listing of a manufacturer carries no implication that its medical device products are listed, whether or not they are within the Listed Scope of Manufacture; and (c) clearly state whether any of the medical devices presented in the same article are listed under the MDACS or not. Where the representation that the manufacturer is a listed local manufacturer, or that the manufacturer is in compliance with the MDACS requirements on listed local manufacturers, is in writing, then the statements required by 4.1.6.1 (a) to (c) above shall be in the same format (in terms of font size, colour, etc.) as the aforesaid representation. The adverse event reporting requirements of the Guidance Notes GN-03 (Guidance Notes for Adverse Event Reporting by Local Responsible Persons) shall be extended to the reporting of adverse events involving any of the products (including Class I general medical device or Class A IVDMD products) that fall within the manufacturer’s Listed Scope of Manufacture. This extension requires the manufacturer to report such events according to the requirements of the Guidance Notes GN-03 as if it were the Local Responsible Person for those products. The manufacturer shall submit Change Application Form for Listed Local Manufacturer through the online Medical Device Information System (MDIS) (https://mdis.mdd.gov.hk/) to notify MDD of any major changes in its quality management system, including any change in respect of the certification of the system e.g. change of the scope of certification, or suspension or withdrawal of certification, not later than 4 weeks after either the change takes effect or the manufacturer has noticed the change, whichever is the earlier. Upon request of the MDD, the manufacturer shall: as soon as possible provide the requested records or documents related to the manufacturer’s quality management system or products to the MDD for inspection; allow the MDD to perform audits on the manufacturer and any major contract manufacturers/sterilizers that it employs. The manufacturer must make provision for such audits and provide all the necessary assistance to the MDD to facilitate the conduct of the audits. Requirements for inspections Upon request by the MDD during the application stage or after the application is approved, the applicant / listed local manufacturer shall: (a) Make available to the MDD for inspections, as soon as possible, the supply records, documented procedures and other requested documents maintained by them; and (b) Allow the MDD to perform inspections of the applicant’s / listed local manufacturer’s premises where business operations are carried out as well as any related storage and/or transportation facilities. The applicant / listed local manufacturer must make provision for such inspections and provide all the necessary assistance to the MDD to facilitate the conduction of the inspections. The manufacturer shall also retain the records for a period of time not less than the projected service life of the medical device as defined by the manufacturer, or at least seven (7) years from the date on which the medical device is manufactured, whichever is longer.