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<strong>market</strong> <strong>market</strong> <strong>access</strong> <strong>access</strong> JulY/<strong>08</strong>/aug<br />

www.us.tuv.com<br />

www.tuv.com<br />

Your KeYs to NatioNal aNd iNterNatioNal CompliaNCe<br />

Global <strong>market</strong> <strong>access</strong><br />

simplifyinG the certification process<br />

at the local level<br />

The Inside View 2<br />

Overview From Our International<br />

Approvals Manager<br />

Cover Story: 3<br />

International Approvals<br />

Global Market Compliance<br />

Late-Breaking News 6<br />

Worldwide Certification Agency<br />

Acquires Unified Testing Services<br />

In Alabama<br />

Product Safety 8<br />

REACH And The Value Of The<br />

Impact Analysis<br />

Medical 9<br />

Update on FDA’s Third Party<br />

Inspection Program And pMAP<br />

Quality 14<br />

Announcing The Monthly Customer<br />

Feedback Survey Winners<br />

Functional Safety Seminar 15<br />

Hardware / Software Design<br />

To IEC 615<strong>08</strong><br />

TÜVRheinland ® Resources 17<br />

Tradeshows / Seminars


<strong>market</strong> <strong>access</strong> JulY/<strong>08</strong>/aug<br />

The Inside View<br />

Dear Valued Customers,<br />

Whether it is a toy, household appliance, machinery, medical,<br />

radio communications or telecommunications equipment,<br />

<strong>market</strong> <strong>access</strong> is heavily regulated in most countries in the<br />

world. The mandatory compliance procedures vary from<br />

a manufacturer’s Declaration of Conformity with <strong>market</strong><br />

surveillance to Mandatory Certification within the country,<br />

accompanied with regular follow-up inspections. Though<br />

steps are taken to harmonize the certification process, the<br />

simple goal of one product, one test, accepted everywhere;<br />

a target of trade liberalization is far from being realized.<br />

Preparing a product for compliance in the global <strong>market</strong><br />

requires understanding and mastering the complexities of<br />

the regulation and requirements specific to each country. In<br />

the electrical and electronic sector for example, aside from<br />

safety and EMC requirements, there are also regulations<br />

for ergonomics, health, hygiene, noise, vibration, waste<br />

disposal, restrictions on the use of chemicals or other<br />

substances, wired and wireless telecommunications and<br />

energy performance. Strong expertise is necessary to be<br />

familiar with and stay abreast of the changing regulations<br />

and requirements, especially when trying to penetrate<br />

multiple countries.<br />

With a global network of 300 locations in 52 countries,<br />

TüVRheinland ® understands the challenges of obtaining<br />

global <strong>market</strong> <strong>access</strong>. In fact, TüVRheinland ® collaborates<br />

with many of the world’s top level companies to keep them<br />

on the cutting edge. The <strong>market</strong> <strong>access</strong> service experts are<br />

trained to deal with worldwide certification issues and keep<br />

abreast of the ever changing requirements.<br />

In this issue of Market Access, the cover story reviews<br />

the global compliance issues for <strong>market</strong> <strong>access</strong> in detail.<br />

You will also find articles on topical issues exploring the<br />

impact of the European REACH regulation and FDA’s Third<br />

Party Inspection Program and pMAP. In addition, discover<br />

timely news items, such as the upcoming Functional Safety<br />

seminar, tradeshows and more.<br />

Sincerely,<br />

Peter Merguerian<br />

International Approvals Manager<br />

Peter Merguerian<br />

InTERnATIOnAl APPROVAlS MAnAGER<br />

TüVRheinland ®


<strong>market</strong> <strong>access</strong><br />

Cover Story<br />

International Approvals<br />

Global Market Compliance<br />

A Local Approach Eases A Complicated Process<br />

Authored by Udo Heinz, (Carlsbad, CA) Division Manager of Industrial Machinery and Sky Mehringer,<br />

(Carlsbad, CA) Senior Technical Coordinator for International Approvals<br />

Helping a product achieve global compliance is<br />

widely considered a complicated and time-intensive<br />

process. To place a product in other countries,<br />

manufacturers must maneuver a complicated maze<br />

of compliance requirements. A single harmonized<br />

worldwide standard does not yet exist.<br />

preparing for Global compliance<br />

Global compliance is required whether a company is<br />

launching a consumer product or installing machinery<br />

in another country. To prepare, there are several key<br />

considerations, starting with the R&D phase.<br />

• First, research the country’s electrical ratings and<br />

design concerns, or hire a compliance agency to<br />

help with that process. Design the product so that<br />

it works overseas by taking into account of each<br />

country’s required electrical ratings.<br />

ConTInUeD on pAge 4<br />

JulY/<strong>08</strong>/aug<br />

• Second, if the product is classified for telecommunications,<br />

find out which frequency bands are<br />

allowed.<br />

• Third, contact each country’s local regulatory<br />

authority to determine certification requirements<br />

and procedures. Several consulting companies<br />

like TüVRheinland ® have local contacts for dozens<br />

of countries, and can handle this step more efficiently.<br />

• Fourth, contact a global compliance agency for<br />

product testing and certification. The agency will<br />

work with the local regulatory agencies to test and<br />

certify the product. Depending on the country and<br />

the product in question, certification can be processed<br />

through a local national Certification Body<br />

or must be completed through the local regulatory<br />

(government) agency.<br />

certifying the Written Word<br />

When testing and certifying a product, nothing is<br />

overlooked, including the product’s user manual,<br />

labels, warnings, test reports, schematics, etc. Each<br />

country has varying requirements but they all have<br />

one thing in common: documents must be written<br />

accurately – with no misleading statements.


<strong>market</strong> <strong>access</strong><br />

Cover Story<br />

International Approvals<br />

Global Market Compliance (continued)<br />

In some countries, the product’s associated<br />

documents must be written in the local language.<br />

For example, Taiwan requires Simple Chinese as<br />

opposed to Mandarin Chinese. In some cases, a local<br />

compliance agency can assist with translation or will<br />

accept an English manual for testing and certification<br />

purposes with the guarantee that a local language<br />

manual will be provided with the imported product.<br />

A local compliance agency can translate these<br />

documents for the manufacturer – another benefit of<br />

having a local office.<br />

Additionally, all documents must display the product’s<br />

appropriate warnings and ratings. Rating labels<br />

are reviewed especially closely to ensure it has<br />

the correct ratings, safety warning and certificate<br />

numbers to pass through customs.<br />

budgeting time for the certification process<br />

When launching a product globally, manufacturers must<br />

prepare to work with either the country’s government or<br />

a local regulatory agency. A country can require multiple<br />

preliminary steps for certification, which can extend the<br />

certification process altogether.<br />

ConTInUeD on pAge 5<br />

JulY/<strong>08</strong>/aug<br />

The lead time for certifying a product varies<br />

depending on the product, country and whether<br />

certification is through a government authority or<br />

through a national Certification Body with a local<br />

office. Certifying your product can take anywhere<br />

from 1 week to 3 months, sometimes longer if it’s<br />

through a government authority or there are issues<br />

with the product passing.<br />

In China, for example, the manufacturer must<br />

have its product tested for EMC by a government<br />

lab. The manufacturer can submit a safety report<br />

and certificate (CB scheme) to the government’s<br />

regulatory agency. However, the government must<br />

test product samples in its own test laboratories for<br />

the product to receive the China CCC certification<br />

mark. The timeframe for this entire process depends<br />

on the length of the testing cycle and the product’s<br />

ability to pass government testing without issues.<br />

Furthermore, all telecommunications products must<br />

be tested in-country in China for telecom approval.<br />

local expertise<br />

It is a very daunting task to meet compliance in<br />

the global <strong>market</strong>. Even if you have the technical<br />

understanding of the process, certifying a<br />

product worldwide requires familiarity with the<br />

local country’s regulations, processes and even<br />

government contacts. Therefore, in-country<br />

personnel will bring an insider’s approach, helping<br />

smooth the path toward global compliance.<br />

Moreover, in many cases local representation is<br />

required by law to obtain an approval certificate<br />

for a product. Until the day when global compliance<br />

becomes harmonized, taking the local route – one<br />

day and one country at a time – yields the most<br />

success.


<strong>market</strong> <strong>access</strong><br />

Cover Story<br />

International Approvals<br />

Global Market Compliance (continued)<br />

JulY/<strong>08</strong>/aug<br />

A locally affiliated compliance group or office can<br />

ease the path to compliance in numerous ways. Often<br />

staffed by local citizens, these offices hold the top<br />

experts on the country’s regulatory issues, processes<br />

and agencies. These individuals are also familiar with<br />

the local language, dialects, customs and politics.<br />

In many ways, a local contact helps improve overall<br />

cost and time savings. The in-country contact can<br />

communicate directly with the regulatory agency (or<br />

in some cases, government ministry) much more easily<br />

than someone in another time zone. As an <strong>access</strong>ible<br />

liaison to the government, this person can help with<br />

on-site, in-country product inspections. Depending<br />

on the country, a regulatory body will either perform<br />

its own electrical inspections or accept technical<br />

reports from a national Certification Body (nCB), or<br />

the government requires in-country auditors to inspect<br />

the product and coordinate inspections for electrical<br />

compliance. In both cases, a local compliance contact<br />

can help smooth the path toward global compliance.<br />

For more information and to learn more about<br />

compliance regulations in the global <strong>market</strong>, please<br />

call 1-tUv-rheinlanD (1-888-743-4652).


<strong>market</strong> <strong>access</strong><br />

Late-Breaking News<br />

Worldwide Certification Agency Acquires Unified Testing<br />

Services In Alabama<br />

Celebrating new acquisition - Bernie Hrubala, Division Manager<br />

peMT, Don Uptain, president of UTS, Stephan Schmitt president<br />

and Ceo TÜVRheinland ® of north America, Denny Stepp, Vice<br />

president of UTS, Deep Krishnan Vice president of operations,<br />

TÜVRheinland ® of north America.<br />

TüVRheinland ® recently acquired Unified Testing<br />

Services, Inc. (UTS), a full-service testing and<br />

consulting engineering firm based in Woodstock,<br />

Alabama. TüVRheinland ® currently serves many<br />

industry sectors globally and this strategic acquisition<br />

will benefit clients with added expertise, geographic<br />

expansion of coverage and an increase of service<br />

portfolio offerings to additional industry sectors.<br />

The UTS client base includes many diverse groups<br />

including: state departments of transportation;<br />

universities; banking and real estate institutions;<br />

paper and steel mills; power plants; fabrication<br />

and machine shops; automobile industry suppliers;<br />

industrial equipment suppliers; steel fabrication<br />

shops; amusement/theme parks; and state and local<br />

governments.<br />

ConTInUeD on pAge 7<br />

JulY/<strong>08</strong>/aug<br />

“This acquisition enhances our ability to serve<br />

additional segments in different industries that we<br />

have not served in north America before. Previously,<br />

we had offered our services in this industry segment<br />

for export to the rest of the world. now we can offer<br />

these services for the north American <strong>market</strong>, which is<br />

huge benefit to our clients. Having this significant local<br />

expertise will complement our global proficiencies<br />

and provide a better network that will benefit local<br />

customers.” says Stephan Schmitt, President and CEO<br />

of TüVRheinland ® of north America.<br />

UTS brings extensive expertise in a wide variety<br />

of testing and inspection services focused on<br />

materials, construction, transportation, facilities and<br />

environmental engineering. Overall, services include:<br />

environmental consulting and testing; destructive and<br />

non-destructive materials testing; and shop fabrication<br />

inspection of structural steel bridges.<br />

In the environmental arena, UTS provides quality,<br />

cost-effective environmental and testing services that<br />

include testing, sampling and analysis of paints for lead<br />

concentration, as well as assessment and observation<br />

of lead–based paint. The staff is trained in a full range<br />

of asbestos identification and management services<br />

consisting of facility surveys and assessments,<br />

abatement design, abatement monitoring and laboratory<br />

analysis. A full range of environmental site assessment<br />

services ranging from “due diligence” assessments<br />

for real property transactions to sampling and testing<br />

can be offered. UTS also has the capability to provide<br />

indoor air quality testing and assessment (covering


<strong>market</strong> <strong>access</strong><br />

Late-Breaking News<br />

both airborne and microbiological contaminant<br />

sampling and analysis); underground – and – above<br />

ground storage tank assessment and management;<br />

and management and storm water permitting.<br />

UTS can greatly aid production part inspection needs<br />

with computed radiography in addition to other nondestructive<br />

testing (nDT) methodologies: visual;<br />

ultrasonic; magnetic particle; and liquid penetrant<br />

inspections to any code or specification. This wide<br />

range of nDT techniques and procedures supports<br />

clients in an industrial atmosphere including “outagetype”<br />

situations. Services include annual boiler<br />

inspections, critical piping and pressure vessel<br />

inspections, or mechanical integrity verification.<br />

Personnel have experience working with pulp and<br />

paper, power plants, chemical refineries and bulk<br />

storage facilities. A full service lab is located near<br />

many automotive manufacturers, as well as, support<br />

industry for defense contractors.<br />

JulY/<strong>08</strong>/aug<br />

Worldwide Certification Agency Acquires Unified Testing Services In Alabama (continued)<br />

Another key element of the merger is a synergistic<br />

view of the importance of quality service. In a recent<br />

customer satisfaction survey, 98% of TüVRheinland ®<br />

customers stated that they were very satisfied with<br />

the service they received. UTS has always shown<br />

a commitment to the highest quality possible in the<br />

services that they provide.<br />

“I am very pleased with our merger with<br />

TüVRheinland ® . We are now part of the premier<br />

global testing and certification company having<br />

offices in over 60 countries. This is remarkable and<br />

says much about the quality of our company. We<br />

can be proud of our past and look forward to our<br />

future with TüVRheinland ® . Over the last 15 years,<br />

UTS faced many challenges and opportunities as<br />

our company grew and our <strong>market</strong>s changed. Our<br />

competitive <strong>market</strong>s will continue to change and now,<br />

as part of TüVRheinland ® we can take advantage of<br />

the opportunities that are coming. We are now more<br />

than a regional Southeastern U.S. company and our<br />

services can be provided throughout the United<br />

States, Canada, and Mexico” says Don Uptain,<br />

President of Unified Testing Services.<br />

This acquisition will be beneficial to all parties, but<br />

most importantly to our collective customers who<br />

will benefit from the added industry solutions we can<br />

now deliver with consistent high quality.<br />

To learn more, please call 1-tUv-rheinlanD<br />

(1-888-743-4652).


<strong>market</strong> <strong>access</strong><br />

Product Safety<br />

REACH And The Value Of The Impact Analysis<br />

Authored by geoffrey Bock, (Detroit, MI) RoHS/Weee Manager<br />

The EU has implemented a new chemicals regulation<br />

called REACH, which stands for Regulation, Evaluation,<br />

Authorization, and restriction of CHemical substances.<br />

The new regulation is replacing over 40 pieces of<br />

existing legislation. Manufacturers, importers and<br />

users will now have the responsibility of managing the<br />

risks posed by chemicals. REACH will be coordinated<br />

and implemented by the European Chemicals Agency<br />

(ECHA) located in Finland.<br />

Manufacturers and importers, up and down the supply<br />

chain will be responsible for registering chemicals.<br />

Chemicals in preparations or articles manufactured or<br />

imported in excess of 1 ton will be required to register.<br />

What does this mean for non-european producers?<br />

Businesses can be adversely impacted by REACH;<br />

supply chains can be disrupted and you can lose<br />

<strong>market</strong> <strong>access</strong> in the EU. Companies that understand<br />

the business implications and impacts of REACH, and<br />

develop strategic action plans, will gain a competitive<br />

edge over those that fail to do so.<br />

Pre-registration will apply to phase-in substances.<br />

There will be a 6-month window from June 1, 20<strong>08</strong> to<br />

november 30, 20<strong>08</strong>. Failure to pre-register will result<br />

in a loss of pre-registration phase-in status; which will<br />

result in a full 12 month registration process.<br />

What tÜvrheinland ® can do for you:<br />

• Comprehensive REACH analysis regarding manufacturer’s<br />

products and how they are impacted by<br />

the current legislation<br />

JulY/<strong>08</strong>/aug<br />

• On-site educational session<br />

• Review of sales channel and products<br />

• Recommendations of supply channels<br />

• Collection of course data required for preregistration<br />

• Written list of responsibilities for each chemical<br />

• Written list of responsibilities for client<br />

• Profile of timelines and deadlines of requirements<br />

pertaining to each chemical<br />

• Recommended approach of terms and conditions<br />

of sale<br />

• Pre-registration prepared for each chemical with<br />

the EU Chemical Agency<br />

• 3 months of on-call monthly consulting from<br />

project start<br />

• Q&A support from experts in global environmental<br />

requirements<br />

how you can benefit from tÜvrheinland ® services:<br />

• Expertise on EU legislation and REACH implementation<br />

• Avoiding withdrawal of product constituents due<br />

to lack of fulfilling registration requirements<br />

• Receive an Impact Analysis of your business situation<br />

and learn how to reduce effort and costs<br />

For more information, please call 1-tUv-rheinlanD<br />

(1-888-743-4652).


<strong>market</strong> <strong>access</strong><br />

Medical<br />

Update on FDA’s Third Party Inspection Program and pMAP<br />

Authored by gregor Dzialas, (Boxborough, MA) Third party Inspection program Manager<br />

The Medical Device User Fee and Modernization<br />

Act of 2002 (MDUFMA) introduced the Inspection<br />

by Accredited Person Program. Under this program<br />

eligible manufacturers of class II and III medical<br />

devices can choose to use an FDA accredited third<br />

party, such as TüVRheinland ® of north America, to<br />

perform inspections to US regulations as an alternative<br />

to the traditional inspection by an FDA official. The<br />

primary benefit for manufacturers to participate in this<br />

voluntary program is to combine FDA inspections with<br />

other conformity assessment inspections, e.g. MDD/<br />

ISO 13485/CMDCAS, which will save time, money and<br />

resources.<br />

The MDUFMA of 2002 established a new subsection of<br />

the US Food, Drug and Cosmetic Act, which required<br />

FDA to accredit third parties to perform inspections of<br />

ConTInUeD on pAge 10<br />

JulY/<strong>08</strong>/aug<br />

eligible device manufacturers. The program is referred<br />

to as “Inspection by Accredited Person Program”<br />

or “Third Party Inspection Program”. An Accredited<br />

Person (AP) under the provisions of this Program is a<br />

third party recognized by FDA to:<br />

• Assess the quality system of eligible manufacturers<br />

of Class II and III devices under 21 CFR Part 820<br />

• Determine compliance with other device requirements<br />

in the act and regulations<br />

• Prepare and submit reports to FDA, who makes the<br />

final compliance assessment<br />

By statute the FDA has the mandate to inspect class II<br />

and III device manufacturers every two years. Due to<br />

FDA’s limited resources and the global expansion of the<br />

medical device industry, actual inspection frequency<br />

(especially for lower risk device manufacturers<br />

and foreign manufacturers) is much lower than the<br />

biennial inspection requirement. In a report issued<br />

by the US Government Accountability Office (GAO) in<br />

January 20<strong>08</strong>, it is stated that the FDA estimates that<br />

establishments for medium risk devices have been<br />

inspected every 5 years and foreign establishments<br />

involved with medium risk devices every 27 years. The<br />

AP inspection program will allow the FDA to focus on<br />

higher-risk inspections, and those inspections which<br />

are not within the scope of the program, such as “forcause”,<br />

PMA and bioresearch monitoring inspections.<br />

Conversely, manufacturers with a global <strong>market</strong>ing<br />

presence have been faced with ever increasing<br />

number of regulatory requirements and conformity<br />

assessments. To maintain their <strong>market</strong> presence, they<br />

must undergo numerous separate inspections each


<strong>market</strong> <strong>access</strong><br />

Medical<br />

Update on FDA’s Third Party Inspection Program and pMAP (continued)<br />

year to demonstrate compliance with requirements<br />

that are largely harmonized. Participation in the Third<br />

Party Inspection Program will give manufacturers<br />

the opportunity to reduce the number of inspections<br />

conducted to meet FDA and other countries’ regulations,<br />

and to control the scheduling of inspections.<br />

pmap – pilot multi-purpose audit program<br />

The pilot Multi-purpose Audit Program, which was<br />

developed by Health Canada (HC) in cooperation<br />

with the US Food and Drug Administration (FDA), was<br />

introduced in September 2006. The purpose of the<br />

pMAP is to evaluate the effectiveness of performing a<br />

single third party inspection/audit of medical devices<br />

manufacturers’ quality management systems that<br />

would meet the regulatory requirements of Canada<br />

and the United States. The pMAP builds upon the<br />

regulatory programs of both countries, specifically<br />

those aspects which involve the services of third<br />

party quality system auditing organizations: the FDA’s<br />

Inspection by Accredited Person Program and Health<br />

Canada’s CMDCAS program. FDA and HC are intending<br />

to use the audits/inspections under the pMAP as a<br />

learning opportunity to acquire a better knowledge of<br />

auditing/inspection approaches that support several<br />

regulatory objectives.<br />

ConTInUeD on pAge 11<br />

JulY/<strong>08</strong>/aug<br />

10<br />

While pMAP does not alter or eliminate any previously<br />

established procedures, guidance and regulations of<br />

the AP and the CMDCAS program, it is a program in<br />

itself, which has its own set of rules and requirements.<br />

It is important to note that at the current time, the pMAP<br />

is mandatory for manufacturers who are seeking a<br />

single inspection/audit under the CMDCAS and AP<br />

program.<br />

progress and status of the ap and pmap programs<br />

According to a report by GAO, few inspections of<br />

medical device manufacturing establishments have<br />

been conducted through the AP Inspection Program<br />

and the pMAP. From March 11, 2004 - the date when<br />

FDA first cleared an accredited organization to<br />

conduct independent inspections - through January<br />

20<strong>08</strong>, only five inspections were conducted under the<br />

AP program and two audits under the pMAP. These<br />

numbers seem to suggest a very limited interest in<br />

these programs, but a close look at the history and the<br />

rules of both programs might reveal other reasons for<br />

the low participation.<br />

While the FDA met their objective to initially accredit<br />

15 third parties by October 2003, very slow progress<br />

has been made in qualifying individual inspectors/<br />

auditors in this program. According to the current<br />

program rules, each auditor has to participate in three<br />

joint inspections with the FDA. The demand in joint<br />

inspections is higher than the number of inspections<br />

offered; the FDA assigns the inspections to APs by a<br />

random draw. The availability of training opportunities<br />

is limited by the number of device manufacturers,<br />

who volunteer to host joint inspections. Training is<br />

also limited by the availability of FDA performance<br />

inspectors, who are qualified to monitor AP auditors


<strong>market</strong> <strong>access</strong><br />

Medical<br />

Update on FDA’s Third Party Inspection Program and pMAP (continued)<br />

during joint inspections. The limited availability of<br />

training inspections makes it difficult for APs to plan<br />

the qualification of auditors and subsequently offer<br />

third party inspection services. Today, as a result, only<br />

eight of the 16 accredited third parties are operational<br />

and can offer independent inspections. Of those eight<br />

APs, four are located in the United States; among them<br />

is TüVRheinland ® of north America, Inc.<br />

Another reason for the low participation in the program<br />

could be the restrictive eligibility requirements.<br />

Excluded from participation are device manufacturers,<br />

who have not been inspected by the FDA (baseline<br />

inspection) or whose last inspection has been<br />

qualified as OAI (Official Action Indicated). Also, the<br />

manufacturer must <strong>market</strong> or intend to <strong>market</strong> a device<br />

in a foreign country, in which the AP is accredited or<br />

recognized. Per the FDA website, some APs appear<br />

to be recognized in very few countries. For example,<br />

one of the APs is recognized only in norway. The<br />

pMAP program has further narrowed the eligibility for<br />

manufacturers. Audits that are not acceptable under<br />

the pMAP program are:<br />

• Initial ISO 13485:2003 registration audits under<br />

CMDCAS<br />

• Transfer of registration from one audit organization/registrar<br />

to another<br />

ConTInUeD on pAge 12<br />

JulY/<strong>08</strong>/aug<br />

11<br />

• Audits to support an extension to the existing<br />

scope of registration<br />

• Special “for-cause” audits (e.g. re-audits to follow-up<br />

on major non-conformities)<br />

lastly, while these programs are designed to offer clear<br />

benefits to device manufacturers, participation calls<br />

for a mind-set adjustment relating to FDA inspection.<br />

While manufacturers always had to “invite” CMDCAS<br />

registrars and notified Bodies for an audit in order to<br />

<strong>market</strong> their products in Canada and the EU, this is not<br />

necessary or required in the US: Pre-<strong>market</strong> approval<br />

or pre-<strong>market</strong> notification clearance is sufficient in<br />

order to <strong>market</strong> a product. The FDA decides if and when<br />

to inspect an establishment involved in the product<br />

realization of a device. To invite an FDA/AP inspection,<br />

which otherwise might not be conducted, is a very new<br />

and pro-active approach.<br />

The FDA and HC have realized these challenges<br />

in the AP program and have taken measures to<br />

improve participation. The Medical Device User Fee<br />

and Modernization Act (MDUFMA II) - legislative<br />

Recommendations (April 30, 2007) includes proposals<br />

for the following changes:<br />

• Streamline administrative burdens<br />

- Firms would provide FDA 30 day notice of their<br />

intent to use an AP rather than petitioning FDA<br />

for clearance to use an AP<br />

• Expand participation<br />

- Firms may use an AP for an unlimited number of<br />

consecutive inspections without seeking a waiver,<br />

rather than only two consecutive inspections<br />

- FDA would continue to conduct “for cause” or<br />

follow-up inspections at their discretion


<strong>market</strong> <strong>access</strong><br />

Medical<br />

• Encourage industry to provide FDA with more data<br />

- Firms may voluntarily submit reports by third<br />

parties assessing conformance with appropriate<br />

international quality systems standards, such as<br />

ISO, which FDA would consider in setting our<br />

inspectional priorities<br />

In addition, Health Canada and the FDA undertook<br />

a cooperative effort to identify those device<br />

manufacturers in the US, who are due for an<br />

FDA inspection in 20<strong>08</strong> and at the same time are<br />

registered to ISO 13485 under the CMDCAS program.<br />

Manufacturers who met both criteria received a<br />

mailing with information about the pMAP program<br />

and were encouraged to participate.<br />

Most recently an increase of interest and participation<br />

in the program has been observed. In the Health<br />

Canada CMDCAS RBF (Registration Body Forum)<br />

meeting in May 20<strong>08</strong> it was stated that already five<br />

companies have been successfully assessed under<br />

the pMAP process. Both Health Canada and the FDA,<br />

which also participated in this meeting expressed that<br />

they remain committed to the program and agreed that<br />

a sample size of 10 successful pMAP audits would be<br />

considered “sufficient experience” to assess the results<br />

ConTInUeD on pAge 13<br />

JulY/<strong>08</strong>/aug<br />

Update on FDA’s Third Party Inspection Program and pMAP (continued)<br />

of this pilot program. If the assessment concludes that<br />

multi-purpose audits are valid and acceptable to fulfill<br />

the requirements under the CMDCAS program, then<br />

some of the restrictions for participation might be<br />

eliminated.<br />

Another very promising objective, which came out of<br />

this meeting, is the development of a common audit/<br />

inspection report format. A common report format<br />

would significantly reduce the time needed by the AP/<br />

Registrar to prepare the two submissions and hence<br />

would reduce the additional service fees associated<br />

with AP/pMAP audits.<br />

Who should participate and why?<br />

Manufacturers who are likely to be inspected by the<br />

FDA and who <strong>market</strong> products in foreign countries will<br />

benefit from participation in the AP and pMAP program<br />

because they will reduce the overall number of audits/<br />

inspections conducted at their establishment and they<br />

will gain more control over the timing and planning of<br />

the audit/inspection.<br />

Manufacturers who in the past have not been inspected<br />

at two year intervals might want to consider an AP<br />

inspection for another reason: Historic data shows<br />

that regularly inspected establishments are more<br />

likely to be found in compliance with the regulations.<br />

By requesting an AP inspection on a regular basis,<br />

manufacturers can increase the confidence in their<br />

quality management system and its conformance to<br />

the US regulations.<br />

Finally, manufacturers that are not currently eligible<br />

under the program, or do not wish to participate at<br />

this time, are encouraged to volunteer to host joint<br />

1


<strong>market</strong> <strong>access</strong><br />

Medical<br />

Update on FDA’s Third Party Inspection Program and pMAP (continued)<br />

inspections by the FDA and a Third Party. In particular,<br />

those manufacturers who have received notification<br />

from the FDA that they are due for an inspection can<br />

greatly help to advance this program by allowing a<br />

third party auditor to join on their next FDA inspection.<br />

Manufacturers who decide to volunteer for joint<br />

inspections should contact the FDA and their registrar/<br />

notified body to request that the joint inspection is<br />

conducted by an auditor who works for this particular<br />

manufacturer’s registrar/notified body. This will assure<br />

that independent third party inspections will be a<br />

possibility for them in the near future.<br />

conclusion<br />

The Inspection by Accredited Person Program and the<br />

pilot Multi-purpose Audit Program are operational, and<br />

successful audits/inspections have been conducted<br />

under both programs. However, more participation is<br />

required to keep these programs alive.<br />

FDA and Health Canada remain committed and have<br />

proposed changes and initiatives to promote and<br />

advance both programs.<br />

For more information, please call 1-tUv-rheinlanD<br />

(1-888-743-4652).<br />

references<br />

FDA AP program website:<br />

http://www.fda.gov/cdrh/ap-inspection/ap-inspection.html<br />

FDA guidance document:<br />

“Requests for Inspection by an Accredited Person Under the Inspection by Accredited Persons<br />

Program Authorized by Section 203 of the Medical Device User Fee and Modernization Act of<br />

2002 – Draft, June 3, 2002”<br />

http://www.fda.gov/cdrh/comp/guidance/1532.html<br />

Health Canada website:<br />

Pilot Multipurpose Audit Program (PMAP) - Questions and Answers related to the Pilot<br />

http://www.hc-sc.gc.ca/dhp-mps/md-im/activit/int/md_pmap_qa_im_ppafm_qr-eng.php<br />

JulY/<strong>08</strong>/aug<br />

1


<strong>market</strong> <strong>access</strong><br />

Quality<br />

Congratulations to Weylan Stricklin from nachi<br />

Robotic - the April winner and Mike Benson from<br />

Associated Spring, Barnes Industrial- the May winner<br />

of TüVRheinland ® ’s customer feedback survey drawings<br />

for the Management System Certification (MSC)<br />

Division. Weylan and Mike are proud winners of an<br />

elegant TüVRheinland ® clock, which was recently sent<br />

to them, compliments of TüVRheinland ® .<br />

Providing customer service is critical to the MSC<br />

Division of TüVRheinland ® . A customer feedback<br />

survey is given to all customers at the completion of<br />

their audit and is used to identify the following key<br />

points in providing good customer service:<br />

• Response time of services<br />

• Quality of services<br />

• Communications with staff<br />

• Technical competence<br />

• level of knowledge<br />

• level of courtesy<br />

• Overall impression<br />

• Professionalism of auditor<br />

If you are a quality customer, please take a few moments<br />

to respond to this mutually beneficial survey and qualify<br />

as the winner of TüVRheinland ® ’s monthly prize. Your<br />

satisfaction is important to us. Other response vehicles<br />

are available to TüVRheinland ® customers through an<br />

online feedback form available at www.us.tuv.com.<br />

For any certification, testing or compliance questions,<br />

please call 1-tUv-rheinlanD (1-888-743-4652).<br />

JulY/<strong>08</strong>/aug<br />

Announcing The Monthly Customer Feedback Survey Winners<br />

Management System Certification Response Yields Valuable Prize For<br />

Lucky Contestants<br />

1


<strong>market</strong> <strong>access</strong><br />

Functional Safety Seminar<br />

hardware / software Design according to iec 615<strong>08</strong><br />

target Group<br />

Developers, who are mainly engaged in the development<br />

of programmable electronic safety systems on the basis<br />

of the acknowledged international standard IEC 615<strong>08</strong>.<br />

This training imparts basic knowledge, which enables<br />

developers to transfer the requirements of the standard<br />

IEC 615<strong>08</strong> most effectively.<br />

trainer<br />

Dipl.-Ing. heinz Gall is manager of the business sector<br />

“Automation, Software and Information Technology” of<br />

TüVRheinland ® Industries Service GmbH. His main tasks<br />

refer to consulting of design of safety concepts and the<br />

performance of trainings concerning topics of functional<br />

safety and safety engineering.<br />

Dipl.-Ing. Matthias Haynl is Business Field Manager of<br />

Functional Safety TüVRheinland ® north America. He<br />

has many years of experience - also internationally - as<br />

specialist concerning the area of functional safety of<br />

machinery and safety in the process industry.<br />

contents<br />

Introduction<br />

• Functional safety of electric, electronic and<br />

programmable systems<br />

Safety philosophy<br />

• Definition of risk, principle of risk reduction<br />

• Introduction to various classification systems (SK, SIl)<br />

• Comparison and relation of classification systems<br />

to each other<br />

International Standard IeC 615<strong>08</strong><br />

• General methods and requirements<br />

• Consideration of life cycle aspects of safetyrelated<br />

systems and components<br />

• Requirements concerning management of<br />

Functional Safety<br />

• Requirements for the evaluation/judgment of<br />

Functional Safety<br />

ConTInUeD on pAge 16<br />

JulY/<strong>08</strong>/aug<br />

• Definition of requirements according to the chosen SIl<br />

• Meaning of Safety Integrity level (SIl)<br />

• Consideration of faults and fault models<br />

- Fault: random fault, systematic fault, fault caused<br />

by handling, fault during operation<br />

- Fault models: stuck-at-, DC- and extended DCfault<br />

model<br />

• Definition of measures against faults<br />

- Fault avoidance<br />

- Fault detection and -control<br />

• Comparison “deterministic” and “probabilistic”<br />

method<br />

• Consideration during design-, development- and<br />

production phase<br />

- Safety requirement specification<br />

- Verification- and validation plan<br />

• Examples of<br />

- Hardware-design and verification<br />

- Software-design and verification<br />

• Calculation of the probability of failure on demand (PFD)<br />

- Derivation of Reliability Block Diagram for<br />

different systems<br />

- Derivation of formula for calculation of PFD<br />

- Architectural constraints, Safe Failure Fraction<br />

and diagnostic coverage<br />

- Interpretation of formula from IEC 615<strong>08</strong>-6<br />

- Influence of proof-test-interval, diagnostic-testinterval<br />

on probability figures<br />

- Redundant systems and common cause factor<br />

- Example for PFD calculation<br />

• Constraints and conditions for the phases<br />

- Commissioning, implementation, operation,<br />

maintenance<br />

- Operation<br />

1


<strong>market</strong> <strong>access</strong><br />

Functional Safety Seminar<br />

hardware / software Design according to iec 615<strong>08</strong> (continued)<br />

Application of safety-related Bus Systems<br />

• Application of standards IEC 615<strong>08</strong>, En 954,<br />

ISO13849-1 and En 50159 to the described methods<br />

and measures for bus systems.<br />

• Basic requirements for the application of bus-systems<br />

• Deterministic approach<br />

- Transmission error, random hardware failure,<br />

systematic failure<br />

Topic Overview<br />

agenda<br />

1st Day<br />

1. Introduction, overview of the TüV Functional<br />

Safety Program Day One<br />

2. Introduction into safety Introduction<br />

engineering<br />

3. Application The of the medical international device standard <strong>market</strong> landscape IEC 615<strong>08</strong><br />

Part 1: General requirements and management of<br />

PAL<br />

functional safety<br />

The Japanese Pharmaceutical Affairs Law<br />

JulY/<strong>08</strong>/aug<br />

- Considerations of probability of transmission<br />

faults<br />

- Reliability of data transmission<br />

- Bit-failure rate<br />

- Failure-rate and failure-detection<br />

• Various Bus-Architectures<br />

• Examples for various bus-systems and safety<br />

considerations<br />

4th Day<br />

Summary of training - Questions and answers<br />

Speakers<br />

exam<br />

Duration approx. 3.5 – 4 hours<br />

Start: 11 am | End: approx. 3 pm<br />

Tamas<br />

Borsai<br />

the seminar will be held:<br />

2nd Day<br />

What PAL Means to You<br />

September 22-25, 20<strong>08</strong> (4 days)<br />

1. Examples concerning management of functional Start: 9 am | End: approx. 4.30 pm<br />

Lunch<br />

safety<br />

Courtyard Boston natick<br />

2. Application Gaining <strong>access</strong> of the international to Turkey/Ukraine/Russia/India/ROW<br />

standard IEC 615<strong>08</strong><br />

Title Here<br />

Loren impsom<br />

liab m pgobi<br />

p giua dpfio.<br />

Uhdpf ob dpf<br />

kdfpbj,dfgiab<br />

Part 2: Requirements of E/E/PES<br />

3. Determination and<br />

EU<br />

evaluation<br />

Regulatory<br />

of<br />

Update<br />

safety-related<br />

parameter (practical examples)<br />

MDD<br />

342 Speen Street mp gobi pgiu a dpfio uhdpf obd pf k<br />

natick, Massachusetts 01760 dfp bj, dfgiab mpg obip.pgobi pgiu a<br />

dpfio uhdpf .<br />

Phone: 1-5<strong>08</strong>-655-6100<br />

Break<br />

3rd Day<br />

1. Determination and evaluation FDA Update of safety-related<br />

Fax: 1-5<strong>08</strong>-655-6104<br />

cost:<br />

Michael<br />

Brousseau<br />

Title Here<br />

parameter (practical examples)<br />

2. Application of the international DAY standard 2 IEC 615<strong>08</strong><br />

Part 3: Software requirements Introduction<br />

3. Practical example concerning part 3<br />

4. Requirements of Current tools State for configuration of IEC601 and<br />

parameterization of safety systems<br />

5. Requirements IEC of safety-related 60601 (2005) bus 3rdsystems Editionacc.<br />

$ 3,800.00 - Includes exam, training proceedings, Loren lunch impsom<br />

and refreshments<br />

liab m pgobi<br />

$ 3,400.00 - Without exam<br />

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To register, please visit: gobi pgiu a dpfio uhdpf obd pf k dfp<br />

www.us.tuv.com or call bj, dfgiab mpg obip.pgobi pgiu.<br />

1-tUv-rheinlanD<br />

The to sweeping IEC 615<strong>08</strong>. new approach to medical regulatory compliance (1-888-743-4652)<br />

Lunch<br />

Richard<br />

Morroney<br />

Special guest<br />

IEC 60601 (2005) 3rd Edition<br />

from Clinivation<br />

Loren impsom<br />

1


<strong>market</strong> <strong>access</strong><br />

TÜVRheinland ® Resources<br />

Assisting Your Company With Testing, Certification,<br />

Compliance & More<br />

Tradeshows<br />

To view other tradeshows that TüVRheinland ® will be visiting, please visit http://www.us.tuv.com/news/tradeshows.aspx.<br />

ieee emc 20<strong>08</strong><br />

Cobo Center<br />

Detroit, MI<br />

August 18-22 | Booth #227<br />

iaei southwestern 20<strong>08</strong><br />

International Association of Electrical Inspectors<br />

Monterey Marriott<br />

Monterey, CA<br />

September 7-11 | Booth #TBA<br />

imts 20<strong>08</strong><br />

International Manufacturing Technology Show<br />

McCormick Place<br />

Chicago, Il<br />

September 8-13 | Booth #4795<br />

raps 20<strong>08</strong><br />

Regulatory Affairs Professionals Society<br />

Hynes Convention Center<br />

Boston, MA<br />

September 14-17 | Booth #320<br />

iaei-northwest 20<strong>08</strong><br />

International Association of Electrical Inspectors<br />

Jantzen Beach Red lion Hotel on the River<br />

Portland, OR<br />

September 15-17 | Booth #TBA<br />

Seminars<br />

iaei- Western 20<strong>08</strong><br />

international Association of Electrical Inspectors<br />

Best Western Ramkota Hotel<br />

Rapid City, SD<br />

September 21-24 | Booth #TBA<br />

international public transportation expo 20<strong>08</strong><br />

San Diego Convention Center<br />

San Diego, CA<br />

October 6-8 | Booth #246<br />

pcb carolina 20<strong>08</strong><br />

Raleigh Convention Center<br />

Raleigh, nC<br />

October 7 | Booth #TBA<br />

iaei southern 20<strong>08</strong><br />

International Association of Electrical Inspectors<br />

Hilton Alexandria Mark Center<br />

Alexandria, VA<br />

October 12-15 | Booth #TBA<br />

isa 20<strong>08</strong><br />

Reliant Center<br />

Houston, TX<br />

October 14-16 | Booth #1244<br />

Please visit www.us.tuv.com/seminars for availability, cost and registration options.<br />

tUv functional safety program<br />

hardware/software Design according to iec 615<strong>08</strong><br />

Boxborough, MA<br />

September 22-25, 20<strong>08</strong><br />

(see page 14 for more details)<br />

JulY/<strong>08</strong>/aug<br />

ieee pses 20<strong>08</strong><br />

Austin Marriott north<br />

Austin, TX<br />

October 20-22 | Booth #TBA<br />

pack expo 20<strong>08</strong><br />

McCormick Place<br />

Chicago, Il<br />

november 9-13 | Booth #8316<br />

rsna 20<strong>08</strong><br />

Radiological Society of north America<br />

McCormick Place<br />

Chicago, Il<br />

november 30-December 5 | Booth #7043<br />

1


<strong>market</strong> <strong>access</strong> JulY/<strong>08</strong>/aug<br />

TUV52-IT Ad-Monitor Head 7/3/<strong>08</strong> 11:01 AM Page 1<br />

For the absolute highest definition of product safety, trust TÜVRheinland.<br />

Marketing IT peripherals needs more than a price point; it<br />

needs a vision as well. A vision that's tempered by the kind<br />

of intelligence needed to prevent quality issues and production<br />

delays. Fact is, the category is so “commoditized” that<br />

there’s no room for recall-inducing and margin-reducing<br />

mistakes. That’s why it’s time to reboot your thinking and<br />

take advantage of our GRS program. Simply put, GRS<br />

stands for Global Retail Solutions, a customizable suite of<br />

QC, QA and compliance services so comprehensive they<br />

could only be offered by an industry leader like TÜV. If<br />

you’re tired of screening your testing facilities more carefully<br />

than you screen your production facilities, it's time you gave<br />

us a shot. See for yourself why we're a hit with anyone for<br />

whom the bottom line is top of mind.<br />

TÜVRheinland ®<br />

Precisely Right.<br />

call for a custom consultation:<br />

1-TÜV-Rheinland (1-888-743-4652)<br />

International: 1 (203) 426-<strong>08</strong>88<br />

© 20<strong>08</strong> TÜVRheinland ®<br />

1


<strong>market</strong> <strong>access</strong><br />

traci conroy • managing editor<br />

TüVRheinland ®<br />

12 Commerce Road, newtown, CT 06470 USA<br />

Tel 203-426-<strong>08</strong>88<br />

Fax 203-426-4009<br />

Email tconroy@us.tuv.com<br />

www.us.tuv.com<br />

Market Access is published six times a year by TüVRheinland ®.<br />

Subscriptions are free. This newsletter is published for the<br />

convenience of our customers, clients and professional<br />

associates. Although it is intended to provide accurate and<br />

authoritative information with respect to the subject matter<br />

covered, the information and opinions contained in this<br />

publication are those of the authors and not of the editor or<br />

publisher. The authors, editor and publisher disclaim any liability<br />

for any inaccuracies contained herein. Before any action is<br />

taken based upon the published information, it is essential that<br />

competent and individual professional advice is obtained.<br />

TÜVRheinland®, Inc. is an equal-opportunity/affirmative<br />

action employer.<br />

mission statement<br />

Employees and Leadership<br />

our employees are the most important success factor for the TÜVRheinland ®<br />

group. Their engagement, competence, neutrality and performance are key.<br />

Services and Products<br />

Demonstrable quality marks our services and products. This creates and<br />

secures competitive advantages.<br />

Technology and Safety<br />

We represent responsibly designed technology and set safety standard for<br />

the future.<br />

Customers and Markets<br />

Customers safeguard our existence. The customer must be convinced of the<br />

quality of our services in order for us to achieve success in the <strong>market</strong>place.<br />

Economic Success and a Secure Future<br />

Market-oriented thinking and efficient action secure the strength and<br />

independence of the TÜVRheinland ® group.<br />

Environment<br />

In our work, we demonstrate that environmental protection, technology and<br />

economics can be combined in a sustainable manner. This applies to both our<br />

services and our own product.<br />

The Public<br />

openness, competence, presence and neutrality as an independent third<br />

party determine our actions and shape our public image

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