(Decree No.6 of China Food and Drug Administration)
The Provisions for Instructions and Labels of Medical Devices, adopted at
the executive meeting of China Food and Drug Administration on June 27, 2014, is
hereby promulgated and shall be effective as of October 1, 2014.
Minister: Zhang Yong
July 30, 2014
Provisions for Instructions and Labels of Medical Devices
Article 1
The Provisions is formulated according to the
Regulations on Supervision and Administration of Medical Devices for the purpose
of regulating instructions and labels of medical devices and ensuring safe use
of medical devices.
Article 2 All medical devices sold or used within the territory of the People's Republic of China shall be accompanied by the instructions and labels in accordance with the requirements of the Provisions.
Article 3 Medical Device Instructions refers to those technical documents that are formulated by registrants or filing entities of medical devices, provided to users together with the products, covering their basic safety and effectiveness information, to guide the correct installation, testing, operation, use, repair and maintenance of products.
Medical Device Labels refers to the information in the forms of text, graphics and symbols that are printed or attached on medical devices or their packages, and are used for identifying product features and indicating safety warnings, etc..
Article 4 Contents in the instructions and labels of medical devices shall be scientific, authentic, complete, accurate, and shall be identical to product characteristics.
Contents in the instructions and labels of medical devices shall be consistent with the relevant information in their registration or filing.
Contents in medical device labels shall be consistent with those in medical device instructions.
Article 5 Descriptions of disease names, professional terms, processes and results of diagnosis and therapies in the instructions and labels of medical devices shall adopt nationally publicized or authorized terminology. Metrological units shall meet the requirements in corresponding national standards.
Article 6 Symbols or identification colors used in the instructions and labels of medical devices shall meet corresponding national standards. Where no such standards exist, the symbols and identification colors shall be described in the instructions.
Article 7 Instructions shall be attached to the minimal sale unit of medical devices.
Users of medical devices shall use medical devices following the instructions.
Article 8 Product names of medical devices shall adopt general names, which shall meet the rules of nomenclature of medical devices formulated by China Food and Drug Administration. Product names of class II and class III medical devices shall be consistent with the product names in the corresponding medical device registration certificates.
Product names of medical devices shall be clearly placed on prominent position of the instructions and labels.
Article 9 Text in the instructions and labels of medical devices shall be in Chinese, and the use of Chinese shall meet the national general rules for language and words. Other languages are optional in the instructions and labels of medical devices, but the Chinese version shall prevail.
Words, symbols, tables, figures and graphics in the instructions and labels of medical devices shall be accurate, clear and standardized.
Article 10 In general, the following content shall be included in medical device instructions:
(1) Name, model and specification of the product;
(2) Name, residence,
contacts of registrant or filing entity and after-sales service agency. For
import medical devices, name, address and contacts of the agent shall be also
specified.
(3) Name, residence, manufacturing address, contacts and
production license number or filing number of medical device manufacturer. For
contract manufacturing, name, address, manufacturing address, production license
number or filing number of contracted manufacturer shall be also specified.
(4) Registration certificate number or filing number of the medical
device.
(5) Number of product technical requirements.
(6) Performance,
main structure, composition or ingredients and scope of application of the
product.
(7) Contraindications, precautions, warnings and suggestive
descriptions.
(8) Installation and use instructions or illustrations;
medical devices intended for personal use shall also be attached with special
instructions for safe use.
(9) Product repair and maintenance methods,
special conditions and methods for storage and transportation.
(10)
Manufacturing/Production date, service life or expiry date.
(11) Accessories
list, including accessories, appendants, and instructions for replacement
interval and replacement methods of consumables.
(12) Description for
graphics, symbols and abbreviations used in medical device labels.
(13)
Compilation or revision date of the instructions.
(14) Other information
which should be indicted.
Article 11 Precautions, warnings and indicative descriptions in medical device instructions mainly include:
(1) Use subject of the product.
(2) Potential safety hazards and use
restriction.
(3) Protective measures for operators and users, and emergent
and corrective measures that shall be taken, when accidents occur in proper use
of the product.
(4) Necessary monitoring, evaluation, and control methods.
(5) A word “Single-use” or a symbol shall be marked for disposable products.
For sterilized products, sterilization methods and handling means for the
occasion when sterile package is broken shall be indicated. For product needs to
be disinfected or sterilized before use, methods of disinfection or
sterilization shall be specified.
(6) For a product needs to be installed or
used in combination with other medical devices, requirements, use methods and
precautions of the combining medical devices shall be provided.
(7)
Interferences with other products and possible harm that may occur during the
use of the products.
(8) Potential adverse events in the use of product, or
ingredients or excipients existed in product composition that may introduce side
effects.
(9) Precautions for medical device discarding or disposal. For
products that need to be disposed after use, disposal methods shall be
provided.
(10) Other issues, according to product features, that the
operators or users shall be alerted of.
Article 12 For reusable medical devices, treatment processes, including methods of cleaning, disinfection, packaging and sterilization, as well as times of reuse and other restrictions, shall be provided in instructions.
Article 13 Generally, the following content shall be included in medical device labels:
(1) Name, model and specification of product.
(2) Name, address, contacts
of registrant or filing entity, for import medical devices, name, address and
contacts of the agent shall be also specified.
(3) Registration certificate
number or filing number of the medical device.
(4) Name, residence,
manufacturing address, contacts and production license number or filing number
of medical device manufacturer. For contract manufacturing, name, address,
manufacturing address, production license number or filing number of contracted
manufacturer shall be also specified.
(5) Manufacturing/Production date,
service life or expiry date.
(6) Conditions for power connection, and input
power.
(7) Graphics, symbols and other relevant information, according to
product features, that shall be marked.
(8) Necessary warnings and
precautions.
(9) Conditions or explanations for special storage and
operation.
(10) For a medical device causing hazard to or having negative
effects on the environment, a warning symbol or a warning description in Chinese
shall be included in the label.
(11) For medical devices that are radioactive
or with radiation, a warning symbol or a warning description in Chinese shall be
included in the label.
Where all the above-mentioned information may not be covered completely in the label due to the limits of its position or size, the label shall at least contain name, model, specifications, production date, service life or expiry date of the product, and a sentence of “Refer to instructions for other details” shall be clearly indicated in the label.
Article 14 Medical device instructions and labels shall not contain the following contents:
(1) Asserts or assurances indicating functions or effects, such as “best
therapeutic effect”, “guaranteed cure”, “cure all”, “complete cure”, “immediate
effect” and “completely free from toxicity or side-effect”, etc..
(2)
Absolute expression or words, such as “the highest technology”, “the most
scientific”, “the most advanced”, “the best”, etc..
(3) Claim of cure rate or
effective rate.
(4) Comparisons of effectiveness and safety with products of
other manufacturers.
(5) Promissory descriptions like “secured by insurance
company” or “refund for no effect”.
(6) Using name or image of any entity or
person for proof or recommendation.
(7) Misleading descriptions that make
people feel they might have some diseases or misunderstand or they might get
certain diseases or the diseases would be aggravated without using the medical
devices, and other false, exaggerated and misleading information.
(8) Other
contents forbidden by laws or regulations.
Article 15 Medical device instructions shall be submitted by registration applicant or filing entity to food and drug regulatory authorities for review or filing in application for medical device registration or filing. The submitted instructions shall be consistent with registration or filing documents.
Article 16 The instructions approved by food and drug regulatory authorities shall not be changed without authorization.
For registration changes to the registered medical device, registration applicant shall voluntarily modify the contents of the instructions and labels according to the change certificate obtained.
For changes of other contents of the instructions, registration applicant shall inform the registration department in writing, and comparison descriptions and relevant documents of changes shall be submitted. Instructions change takes effects, if the registration department does not send a formal notice of rejection within 20 working days from the date it is informed in writing by the registration applicant.
Article 17 For changes of the contents included in the filing information form, of the technical requirements of filed medical device, and for changes of other contents in the instructions, the filing entities shall modify the relevant contents of the instructions and labels by themselves.
Article 18 Where the instructions and labels fail to comply with the Provisions, punishment shall be imposed by the food and drug regulatory departments at or above county level according to stipulations of Article 67 of Regulations on Supervision and Administration of Medical Devices.
Article 19 The Provisions shall be effective as of October 1, 2014. The Provisions on the Administration of Instructions, Labels and Package Marks of Medical Devices promulgated on July 8, 2004 (Decree No.10 of the former Sate Food and Drug Administration) is annulled simultaneously.