Title
Supreme Court
FDA Guidelines for Radiation Device Import Clearance
Law
Fda Circular No. 2017-013
Decision Date
Jun 8, 2018
The Philippine FDA issues new guidelines to regulate the import and export of radiation devices, specifying requirements for obtaining clearance and listing specific devices that require clearance, with non-compliance resulting in penalties or legal consequences for importers and exporters.

Law Summary

Objectives of the Circular

  • Streamline the CFCR issuance process to ensure clear identification, traceability, and inventory control of radiation devices.
  • Guarantee proper distribution and accountability from importer to end-user.

Applicability and Coverage

  • Applies to all importers of radiation devices for medical and non-medical use entering the country.
  • Non-emitting radiation devices or devices not listed are exempt from CFCR requirements.

Key Definitions

  • Bureau of Customs (BOC): Governs import/export enforcement.
  • CDRRHR: FDA division regulating radiation-emitting devices.
  • CFCR: Document authorizing Customs release.
  • Certificate of Product Registration (CPR): Certification issued for approved devices.
  • Device: Includes medical devices and radiation devices.
  • Medical device: Intended for diagnosis, prevention, monitoring, treatment without pharmacological means.
  • Radiation device: Electrical/electronic apparatus emitting ionizing/non-ionizing radiation.
  • Device Accessories: Supplementary parts not emitting radiation.
  • Importer: Person or entity importing devices.
  • Non-emitting radiation devices: Devices incapable of producing radiation.

Application and Submission Requirements

  • Submission of a written request to CDRRHR Director with detailed device and importer info.
  • Requirements include number of units, intended use, importer/supplier info, installation site, notarized letter for buyer info submission, and safety certification.
  • Medical devices require a CPR or equivalent safety certificate authenticated by Philippine Consulate; temporary notarized letter submission allowed.
  • Non-medical devices require safety certification or international standard documentation.
  • Additional required documents: brochure, importer’s local government permit, proforma invoice.

Evaluation and Issuance Procedure

  • CDRRHR evaluates submission within three (3) working days to confirm radiation-emitting status.
  • If confirmed, CFCR is required before customs release.
  • Specific enumerated radiation devices for medical and non-medical use require CFCR (e.g., CT scanners, X-ray machines, laser devices).
  • Some device accessories (e.g., RF coils, ultrasound probes, X-ray tubes) must have CFCR; others (e.g., cassettes, printers, software) are exempt.

Fees and Payment

  • A non-refundable fee of ₱300.00 per device is payable to FDA prior to CFCR processing as per Administrative Order No. 50 s. 2001.

Processing Time

  • CFCR application must be processed within three (3) working days post payment.

Repealing Clause

  • Revokes B.O. No. 020 s. 2007 and all other inconsistent rules to harmonize regulations.

Separability Clause

  • Invalidity of any provision does not affect the remaining provisions of the Circular.

Effectivity

  • Circular is effective immediately upon recording and publication.

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