Regulatory Open Forum

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  • 1.  label doubts

    This message was posted by a user wishing to remain anonymous
    Posted 12-Dec-2019 06:54
    This message was posted by a user wishing to remain anonymous

    Hi 

    I have a few doubts for IVD labels
    1) If a firm is only a distributor of an IVD product : Whose name (manufacturer) will it appear near the establishment symbol?
    ( Will it be the OEM address or the distributor address?)
    2) Will the rule stay same post IVDR
    3) If its not an IVD and its a general purpose item/reagent who's address will be mentioned near the establishment symbol?
    4) If the products are manufactured by an OEM supplier can the distributor apply for Certificate of conformity ?

    Thanks !


  • 2.  RE: label doubts

    Posted 12-Dec-2019 10:30
    The regulation defines specific responsibilities for each type of economic operator​, so you have to be clear about which role you are filling.

    'manufacturer' means a natural or legal person who manufactures or fully refurbishes a device or has a device designed, manufactured or fully refurbished, and markets that device under its name or trade mark;
    'importer' means any natural or legal person established within the Union that places a device from a third country on the Union market;
    'distributor' means any natural or legal person in the supply chain, other than the manufacturer or the importer, that makes a device available on the market, up until the point of putting into service;
    'economic operator' means a manufacturer, an authorised representative, an importer or a distributor;

    If you are putting your name as manufacturer, then you have all the responsibilities that are assigned to the 'manufacturer' role. 

    A distributor, importer or other natural or legal person shall assume the obligations incumbent on manufacturers if it does any of the following:
    (a) makes available on the market a device under its own name, registered trade name or registered trade mark, except in cases where a distributor or importer enters into an agreement with a manufacturer whereby the manufacturer is identified as such on the label and is responsible for meeting the requirements placed on manufacturers in this Regulation;
    (b) changes the intended purpose of a device already placed on the market or put into service;
    (c) modifies a device already placed on the market or put into service in such a way that compliance with the applicable requirements may be affected.



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    Anne LeBlanc
    Manager, Regulatory Affairs
    United States
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