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Non-medical "devices" and registration

  • 1.  Non-medical "devices" and registration

    Posted 04-Feb-2019 08:29
    Edited by Olivia Mullen 04-Feb-2019 12:01
    Hello all!
    This might be a bit out of the scope of this forum, but I'd appreciate any insight if it can be given.
    Over the past year, our company has had a lot of interest in using our medical device for non-medical applications.  In my regulatory role, I've been asked to get a technical file together to get a non-medical CE mark.  Has anyone had any experience with this?  From the Low-Voltage Directive, it looks as if I self declare.  So I only have to get the technical documentation together, create a DoC and get an authorized rep?  Then I can put the CE mark on it with no submission or authority approval?  This is so very different from the medical side, I'm afraid I'm missing something.

    Thank you in advance!

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    Olivia Mullen
    Compliance / Regulatory Affairs
    Birmingham AL
    United States
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  • 2.  RE: Non-medical "devices" and registration

    Posted 04-Feb-2019 10:05
    ​If you are saying you want to CE Mark a product that is not a medical device under the EU MDD, you can't do it.  It's the Medical Device Directive, applicable only to medical devices (e.g., used for a medical purpose).  I'm guessing the MDR is the same, because this is how the CE Mark works generally.  You would need to find a different Directive applicable to your product, or you are stuck meeting the different requirements of each of the individual countries.

    You MAY be able to sell your CE Marked medical device for non-medical use IN ADDITION TO its medical use, but you probably won't be able to change much on the packaging or labeling (because that would make it a different product, one that is not a medical device and therefore not the product covered by your CE Mark).  If you have an NB for your medical devices, consult with them.  If not, feel free to message me.  I did this once, with a product line of medical devices that lent itself well to this little work-around.  I'm not sure if my experience will apply to your device, but I would be happy to share my experience with you.


    ------------------------------
    Julie Omohundro, ex-RAC (US, GS), still an MBA
    Principal Consultant
    Class Three, LLC
    Durham, North Carolina, USA
    919-544-3366 (T)
    434-964-1614 (C)
    julie@class3devices.com
    ------------------------------



  • 3.  RE: Non-medical "devices" and registration

    Posted 04-Feb-2019 12:02
    I edited my initial inquiry - I'm basing it on the Low Voltage Directive (LVD) not the MDD or MDR.
    Thank you!

    ------------------------------
    Olivia Mullen
    Compliance / Regulatory Affairs
    Birmingham AL
    United States
    ------------------------------



  • 4.  RE: Non-medical "devices" and registration

    Posted 04-Feb-2019 12:42
    Ah, good.  That is helpful.  Although, unfortunately, I don't know anything about the LVD, so I can't be. Helpful, that is.  Hopefully someone else here can.

    If not, I recommend Elsmar Cove:

    https://elsmar.com/

    Click on the lighthouse photo to enter the Forums. Then to the Search field in the upper right hand corner of the page and type in "low-voltage directive".  You will be amply rewarded. :)


    ------------------------------
    Julie Omohundro, ex-RAC (US, GS), still an MBA
    Principal Consultant
    Class Three, LLC
    Durham, North Carolina, USA
    919-544-3366 (T)
    434-964-1614 (C)
    julie@class3devices.com
    ------------------------------



  • 5.  RE: Non-medical "devices" and registration

    Posted 04-Feb-2019 15:55
    ​Olivia, my first bit of advice is to proceed with caution.  If it sounds too good to be true it probably isn't!

    In applying the Low Voltage Directive 2014/35/EU to your electrical/ electronic equipment you first need to be sure the product lies fully within scope, as the LVD scope has numerous exclusions and specific conditions and restrictions.  Next you need to be sure your product meets all related EU regulations/ directives, as applicable, such as for example the Electromagnetic Compatibility Directive 2014/30/EU, EU RoHS Directive 2015/863, REACH Regulation 1278/2008, WEEE Directive 2012/19/EU, etc. etc including all updates as on date. Depending on how the product will be marketed and used, you may need to obtain safety markings from Test Labs, such as the UL 'Listed' or TUV 'General Safety' or similar markings, which would typically involve considerable testing and product certification before the CE Marking can be affixed.  Involvement of the appropriate Test Lab, whether DEKRA or TUV or UL, early in the piece would greatly help determine the extent and scope of testing necessary, and can greatly help with identification of the correct Harmonized Standards (which are not quite so clear-cut as for medical devices).  If the same product is being marketed globally, you may want to consider also such aspects as FCC, C-Tick mark, UL C/US Listing, etc. etc. in the first instance.

    It has been my experience that a product designed, specified and built to one Directive (e.g. MDD) does not readily lend itself to comply with another.

    In conclusion, your first priority may well be to correct management's rose-tinted view that this route is a walk in the park!  Good luck and best wishes!

    ------------------------------
    Homi Dalal RAC
    Regulatory Affairs Leader
    Christchurch
    New Zealand
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  • 6.  RE: Non-medical "devices" and registration

    Posted 08-Feb-2019 10:00
    Hi Olivia, We have products that are required to meet the medical device regulations in the US but are non-medical devices in the EU.
    As Homi says below the Electromagnetic Compatibility Directive 2014/30/EU, EU RoHS Directive 2015/863, REACH Regulation 1278/2008, WEEE Directive 2012/19/EUand the Radio Equipment Directive may need to be considered. Requirements that are specific by country for Blue tooth may also need to be taken into account.
    I  find that the  medical device requirements are easier to establish globally and I find it more difficult to get information on each country's requirements when the product is non-medical

    I would be happy to exchange experiences with you by email or here.
    regards
    Mike

    ------------------------------
    Mike Kilkelly
    Quality Manager
    Galway
    Ireland
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  • 7.  RE: Non-medical "devices" and registration

    Posted 09-Feb-2019 04:14
    One of my previous companies dealt with the same situation and I recommend that you proceed with caution. I Are you trying to put CE mark on the exact same device model under both MDD and LVD directives? Or are you creating a different model number for each? If it's the former, I'm afraid that it would not be in compliance with the MDD. If it's the later, you would need to think about how you justify the physical differences between the two models that make one medical device and the other non-medical - other than their indication for use.

    ------------------------------
    Ming Yi Chang RAC
    CA
    United States
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  • 8.  RE: Non-medical "devices" and registration

    Posted 11-Feb-2019 09:27
    We have created different model numbers for the non-medical versions and to differentiate physically, we have made the cabinet enclosure either a drastically different color or out of a different material altogether.

    Thank you for your input!

    ------------------------------
    Olivia Mullen
    Compliance / Regulatory Affairs
    Birmingham AL
    United States
    ------------------------------



  • 9.  RE: Non-medical "devices" and registration

    Posted 11-Feb-2019 11:13
    Hello Ming,

    Thank you for sharing. If one model of the product has no medical indication and the other model has medical indications, why do  they need to be physically different other than than labelling?

    regards
    Mike

    ------------------------------
    Mike Kilkelly
    Quality Manager
    Galway
    Ireland
    ------------------------------



  • 10.  RE: Non-medical "devices" and registration

    Posted 11-Feb-2019 12:55
    Mike, the only reason I can think of would be to avoid confusing the one with the other in storage. handling, and distribution.  I'm not aware with any regulatory jurisdiction in which it would be necessary to justify the physical differences.

    ------------------------------
    Julie Omohundro, ex-RAC (US, GS), still an MBA
    Principal Consultant
    Class Three, LLC
    Durham, North Carolina, USA
    919-544-3366 (T)
    434-964-1614 (C)
    julie@class3devices.com
    ------------------------------



  • 11.  RE: Non-medical "devices" and registration

    Posted 12-Feb-2019 00:08
    Without knowing much about the device and how it is used for both medical and non-medical purposes, it's hard to say...
    When determining whether a device is a medical device or not, the regulatory bodies usually not only consider its intended use but also its mode of operations - taking into account the state of the art, and in particular existing harmonised standards for analogous devices with a medical purpose, based on similar technology. Does it affect the structure or any function of the human body, even when used for non-medical purposes?  Is it used any differently for non-medical purposes?  What makes the device medical vs. non-medical - other than what you claim? Is it physically different enough (not just the appearance), e.g., using different accessories? Does it produce different intensity of energy, level of vacuum, degree of aggression, etc.?  Do you sell the non-medical version to non-medical clients that do not have the same knowledge, skills, expertise that use your medical version?  What are the risks?  If the device falls under one of the product groups listed in Annex XVI of the MDR, the non-medical version would be subject to the MDR even without an intended medical purpose, not the other Directives like LVD.  I think this really depends on your particular type of device. There may not be a definite answer.

    ------------------------------
    Eva Chang, RAC
    CA
    United States
    ------------------------------



  • 12.  RE: Non-medical "devices" and registration

    Posted 12-Feb-2019 09:22
    In our specific circumstance, we manufacture oxygen concentrators.  The medical version is intended to be used as a means of providing oxygen enriched product gas to patients suffering from health conditions that cause low levels of oxygen in the blood.  Over the years, we have had companies and people use our devices off label - from veterinary applications to hobbyists making glass beads - and about two years ago, we decided to go full tilt and see what other markets were out there for machines that made oxygen heavy gas.  About a year ago, we launched our new non-medical line under a new brand with a new look and have had the biggest interest from ozone companies - they use the ozonated water for anything from cleaning fruit to getting an extra grow season to cleaning ponds and lakes.  So in our case, even though the technology is identical, the applications are intrinsically different.  We based the decision to make the non-medical intended devices look decisively different on our medical device risk analysis, to ensure there was no confusion on either party as to which device they were getting.  Up to now our business has been concentrated in the US, Africa and Saudi Arabia, but we have had some interest from companies within the EU - hence my question about the LVD.  It's my opinion that our device intended for non-medical purposes falls within the rules for the LVD - it's used in agricultural, farming, industrial, commercial applications.  The only thing that could possibly change is when / if the US decides that vet medical devices fall under the regulations of the FDA and it looks to be headed in that direction since they are already handling vet drugs and pet food.

    ------------------------------
    Olivia Mullen
    Compliance / Regulatory Affairs
    Birmingham AL
    United States
    ------------------------------



  • 13.  RE: Non-medical "devices" and registration

    Posted 14-Feb-2019 04:21

    Interesting discussion!

    Sounds like you mitigated the risk on mix-up between MD and non-MD versions. Also, the field of application is distinctly different, so you should be fine with that.

    You are considering a non-MD spin-off from a MD. I wonder if or how that is different from launching the non-MD version first? In other words, is it that MD legacy that relevant for non MD's?

    I would assume you do not to bother about all MD requirements, but you need to bother about the requirements for the purpose and market you are targeting. This may include LVD, but seeing that you indicate veterinary, agricultural, and food applications, I expect there may be more regulations to adhere to. Most of these may be focusing on electrical safety, user safety, environmental safety, food safety etc.

    You also indicate going to EU and you mention that FDA vet medical devices may be a game changer. Needless to say that FDA is not relevant for EU market and that you should check for relevant local regulations.

    I hope this helps? 



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    Bart J
    Netherlands
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