
ANVISA's General Competencies
The Regulations
of the National Health Surveillance Agency endow the Agency with
the following competencies:
- to coordinate
the National System of Health Surveillance;
- to foster
and carry out studies and research in line with the Agency's
range of agreed functions;
- to establish
norms and standards regarding restrictions on contaminants,
toxic waste, disinfectants, heavy metals and other materials
which constitute a health risk;
- to intervene
on a temporary basis in the administration of manufacturing
entities financed, subsidised or maintained at public expense,
as well as in that of service providers and/or those manufacturers
which produce materials on an exclusive or strategic basis for
the Brazilian market, as set forth in specific legislation [
covered by Article 5 of Law 6.437, dated 20 August 1977, based
upon the text of Article 2 of Law 9.695, dated 20 August 1998];
- to administer
and collect the Health Surveillance Inspection Fee [in accordance
with Article 23 of Law 9.782 of 26 January 1999];
- to authorise
the operation of manufacturing, distribution and importing firms
concerned with the products detailed in Article 4 of the Statute
of the National Health Surveillance Agency [Decree 3029 dated
16 April 1999];
- to give
assent to the importation and exportation of the products listed
in the Statute of the National Health Surveillance Agency [Decree
3029, dated 16 April 1999];
- to grant
product registration permits in accordance with the norms ascribed
to the Agency's area of activity;
- to grant
and to withdraw certificates of good manufacturing practice;
- to demand
on the basis of specific rules the accreditation by the National
System of Weights and Measures, Standards and Industrial Quality
(SINMETRO), or the certificate of authorisation issued by the
same body, of institutions, products and services subject to
health surveillance, according to their category of risk;
- to proscribe,
as a health surveillance measure, manufacturing plants and those
premises involved in the management, importation, storage, distribution
and sale of health related products and services in the event
of violation of the relevant legislation, or on account of their
constituting a likely health risk ;
- to prohibit
the manufacture, importation, warehousing, distribution and
marketing of products and inputs in the event of any violation
of the relevant legislation or because such products and services
constitute a likely health risk ;
- to cancel
the operating permits, including special permits, of companies
in the event of violation of the relevant legislation or because
of an impending health risk ;
- to coordinate
the health surveillance activities carried out by laboratories
comprising the official network of health and hygiene quality
control laboratories;
- to set
up, coordinate and monitor toxicological and pharmaceutical
surveillance systems;
- to take
the lead in revising, and periodically bringing up to date,
the pharmacopeia;
- to run
an ongoing and permanent information system with the aim of
integrating it into the whole range of health activities, with
priority placed upon those information activities concerned
with epidemiological surveillance and out-patient and hospital
care;
- to monitor
and audit state, district and municipal bodies comprising the
National System of Health Surveillance, including the official
health quality control laboratories;
- to coordinate
and carry out quality control in respect of goods and products
listed in Article 4 of the Statute of the National Health Surveillance
Agency [Decree 3.029 of 16 April 1999], through a variety of
analytical procedures provided for in health legislation or
through the implementation of specifically defined health quality
control programmes;
- to foster
and develop staff resources for the National System of Health
Surveillance and to carry out domestic and international technical
cooperation activities;
- to summonse
offenders and apply the penalties foreshadowed in law;
- to monitor
the prices of medical drugs, items of equipment, components,
inputs and health services;
- the Agency
can delegate in accordance with a decision by the Collegiate
Directorate, to the Federal District, the States, and Municipalities
the execution of certain activities falling within its remit,
with the exception of those covered by Article 3, sub-section
2, of the Statute of the National Health Surveillance Agency;
- the Agency
can advise upon, or complement or supplement activities by the
Federal District, by the States or municipalities, in the area
of health inspection;
- epidemiological
surveillance and vector inspection activities in respect of
ports, airports and border crossing points shall be carried
out by the Agency acting in accordance with the technical and
normative guidance of the epidemiological and environmental
divisions of the Ministry of Health;
- the Agency
can delegate to the appropriate body within the Ministry of
Health the execution of those functions set forth in Article
3 of the Statute of the National Health Surveillance Agency
[Decree 3.029 of 16 April 1999] in respect of medical out-patient
and hospital services covered by Article 4 , sub-sections 2
and 3 of the Statute. Note that the text of Article 3 under
reference was redrafted by Decree 3.571 of 21 August 2000.
- the Agency
shall carry out its activities fully in accordance with the
guidelines established by Law 8.080 of 19 September 1990 in
order to ensure continuation of the process of decentralisation
of activities for the Federal District, States and municipalities,
while observing the restricitions set forth in Article 3, sub-section
2, of the Statute. Decentralisation will only be given effect
providing the respective State, District and Municipal Health
Councils grant their respective approval;
- the Agency
can dispense with the registration of immunobiologicals, insecticides,
drugs and other strategic inputs when acquired through international
or multilateral organisations for use by the Ministry of Health
and its associated organs in the course of public health programmes.
- The Minister
of Health can determine that certain activities within the remit
of the Agency be carried out in specific circumstances which
involve a public health risk.
Regulating,
controlling and inspecting products and services which involve
risks to public health are within the proper remit of the Agency.
The following
are goods and products subject to health control and enforcement:
- Medical
drugs for human use, their active substances and other related
inputs, processes and technologies;
- Foods,
including drinks, bottled waters and their inputs, packaging,
food or drink additives, levels of organic pollutants, residues
of pesticides and veterinary drugs;
- Cosmetics,
personal hygiene products and perfumes;
- Cleaning
products for sanitisation, disinfection or disinfestation in
domestic, hospital and public premises;
- Kits, reagents
and inputs to be used for diagnosis;
- Medical-hospital,
odontological, haemotherapic, and laboratory and imaging equipment
and materials;
- Immunobiologicals
and their active substances, blood and blood products;
- Organs,
human and animal tissue for use in transplants or reconstructions;
- Radioisotopes
for in vivo diagnostic use, radiopharmaceuticals and radioactive
products for use in diagnosis and therapy;
- Cigarettes,
cigarillos, cigars and any other type of smoking product, derived
or not from tobacco;
- Any products
which involve the possibility of risk to health obtained as
the result of genetic engineering, by any other procedure or
submitted to sources of radiation.
Services
subject to health inspection and enforcement are as follows:
- Those involving
routine or emergency out-patient care, hospitalisation, diagnostic
and therapeutic support services, as well as those services
which involve employment of new technology;
- Physical
installations, equipment, technologies, premises and procedures
used in connection with every phase of the production of goods
and products subject to health inspection and enforcement, including
the final disposal of their respective waste matter.
Notwithstanding
the rules and regulations outlined above, the Agency can include
other products and services of interest in the control of risks
to public health within the remit of the National Health Surveillance
Agency.
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