CDSCO Licence for Surgical Masks in India

A surgical mask is worn to protect the sterile field from the wearer's exhaled particles and, in reverse, to shield the wearer from splashes. It carries a health claim as a barrier, and that is why CDSCO regulates a medical/surgical face mask as a Class A device rather than a piece of general apparel. This guide covers the full CDSCO pathway for surgical masks under the Medical Devices Rules, 2017 — classification, licence route, IS 16289 and EN 14683, the bacterial-filtration and breathability tests, the documents, the fees and the timeline.

📋 Is a CDSCO Licence Mandatory for Surgical Masks?

Yes. A surgical / medical face mask is a notified Class A medical device and cannot be manufactured, imported or sold in India as a medical mask without a CDSCO licence. A domestic manufacturer holds a Form MD-5 licence from the State Licensing Authority; an importer holds a Form MD-15 import licence through an Indian Authorised Agent. Note that respirators (N95/FFP) are a different, higher-risk product and are not covered by a plain surgical-mask licence.

🧭 Risk Classification of Surgical Masks

Every medical device in India is placed in one of four risk classes under the First Schedule of the Medical Devices Rules, 2017. The class is the single most important decision in the whole application — it fixes which authority you file with, which form you use, the fee, the audit route and the timeline.

Surgical Masks are classified as Class A. A surgical mask is a low-risk device that provides a protective barrier and is used briefly and externally, placing it in Class A under the First Schedule. Classification follows the CDSCO classification list for the relevant medical-device category read with the First Schedule rules; where a device could fall in two classes, the higher class applies, and an accessory is classified in its own right.

🪪 Which CDSCO Licence You Need for Surgical Masks

There are two distinct routes, and which one applies depends on whether you make the device in India or bring it in from overseas:

• To manufacture surgical masks in India (Class A) — apply in Form MD-3 to the State Licensing Authority (SLA); the licence is granted in Form MD-5. A CDSCO-empanelled Notified Body audits the site. For Class A the audit is post-grant; for Class B it is carried out before the licence is granted.
• To import surgical masks (any class) — the overseas manufacturer appoints an Indian Authorised Agent who holds a valid manufacturing or wholesale licence, and the agent files Form MD-14 with the Central Licensing Authority. The import licence is granted in Form MD-15 and names the manufacturer, each site and every device covered.
• To import a small quantity for testing, evaluation, demonstration or clinical investigation — a separate test licence is used: Form MD-12 application, Form MD-13 licence.
• Loan licence — a manufacturer using another licensee's approved premises applies in Form MD-4 (Class A/B) or Form MD-8 (Class C/D) for a loan licence in Form MD-6 or MD-10.

📘 Applicable Standards for Surgical Masks

Surgical masks are evaluated against the medical-face-mask performance standards:

• IS 16289 — medical textiles: surgical face masks (the Indian Standard).
• EN 14683 — medical face masks: requirements and test methods (Type I/II/IIR), often cited for imports.
• ASTM F2100 — performance of materials used in medical face masks (Levels 1-3), an accepted alternative.
• Bacterial Filtration Efficiency (BFE), differential pressure (breathability) and splash-resistance testing.
• ISO 10993 series — biocompatibility of skin-contacting layers.
• ISO 11135 / 11137 — sterilisation validation only where the mask is supplied sterile.

🗂️ The Core Technical Dossier — Required for Every Application

Whether you file for a manufacturing licence or an import licence, CDSCO expects the same backbone of technical evidence built around the device. Getting this base right is what decides whether the file clears in one review cycle or comes back as a deficiency letter; the device-specific documents in the next section sit on top of it.

• Covering letter and application form — Form MD-3 / MD-7 (manufacture) or Form MD-14 (import), completed on the CDSCO Medical Device Online (SUGAM) portal, stating every device, variant and site.
• Device Master File (DMF) — the heart of the dossier: device description and intended use, materials, design and manufacturing information, risk management (ISO 14971) file, verification and validation data, sterilisation validation where applicable, shelf-life and stability data, and the Essential Principles checklist.
• Plant Master File (PMF) — the site: layout, equipment, utilities, HVAC and water systems, organisation chart with the competent technical staff, and the quality-system procedures that govern production.
• ISO 13485 Quality Management System certificate — a current QMS certificate for the manufacturing site, with the scope covering the device.
• Essential Principles of Safety and Performance — a completed checklist mapping the device against each applicable essential principle, with the standard or evidence relied on for each.
• Risk management file — an ISO 14971 risk analysis identifying hazards, risk controls and residual-risk justification for the device.
• Test / performance reports — reports against the applicable BIS/IS or ISO/IEC standards for the device, from an accredited laboratory.
• Labels, Instructions for Use (IFU) and packaging — artwork that meets the labelling requirements of the Medical Devices Rules, including manufacturer, licence number, sterile status and single-use symbols where relevant.
• Undertaking and declaration — that the device conforms to the Essential Principles and the applicable standards, signed by the authorised signatory.
• Fee receipt — the government fee paid online through the CDSCO portal / Bharatkosh.

➕ Device-Specific Documents for Surgical Masks

On top of the core dossier, a surgical-mask file should carry:

• BFE test report — the headline performance metric for a surgical mask.
• Differential-pressure (breathability) report and, for Type IIR, splash-resistance data.
• Particle filtration and microbial-cleanliness data as required by the standard.
• Biocompatibility for the skin-contacting layer.
• Type classification (I / II / IIR or ASTM Level) declared and evidenced.
• Country-of-origin approval / Free Sale Certificate for imports.

For an import licence (Form MD-14) there are three further essentials on top of the dossier above:

• Free Sale Certificate (FSC) — issued by the National Regulatory Authority of the country of origin, showing the device is freely sold there; not older than the period CDSCO accepts, and legalised (apostille or embassy attestation).
• Country-of-origin regulatory approval — e.g. US FDA 510(k)/PMA, EU CE certificate, or equivalent, evidencing marketing clearance in a reference market.
• Power of Attorney and Authorised Agent licence — a notarised, legalised Power of Attorney from the manufacturer to the Indian Authorised Agent, and the agent's valid wholesale or manufacturing licence.

🏭 QMS & Essential Principles — What CDSCO Checks

The Medical Devices Rules, 2017 are built on two pillars, and both are assessed for surgical masks:

• Essential Principles of Safety and Performance (Fifth Schedule) — the device must be safe and perform as intended, with risks reduced as far as possible and acceptable against its benefit. Conformity is shown by meeting recognised standards and by the risk-management file.
• Quality Management System (ISO 13485) — design controls, purchasing and supplier control, process validation, traceability, complaint handling and CAPA must be in place and evidenced at audit.
• Risk management (ISO 14971) — a living file, not a one-off document; residual risks must be justified and communicated in the IFU.
• Clinical evidence — proportionate to the class: a clinical evaluation report drawing on literature and equivalence for lower-risk devices, and clinical investigation data for many Class C/D and novel devices.

🏷️ Surgical Masks Label & IFU Requirements

Mask labelling is checked for type, single-use and non-sterile messaging:

• Product name, mask type (Type I/II/IIR or ASTM Level) and material.
• Manufacturer name and address, and the CDSCO licence number.
• Batch/lot number and date of manufacture.
• "Non-sterile" (or "sterile" with method if supplied sterile) and a single-use symbol.
• "Not a respirator" / intended-use clarity to avoid confusion with N95/FFP products.

⚖️ Surgical Mask vs Respirator: A Critical Distinction

The single most important thing to get right is that a surgical mask is not a respirator. A surgical/medical face mask (IS 16289 / EN 14683) is a Class A barrier device tested mainly for bacterial filtration and breathability. An N95 or FFP respirator is a higher-risk product tested for wearer protection and inward leakage, and it follows a different standard and route. Registering a respirator on a surgical-mask licence — or labelling one as the other — is both a compliance failure and a safety risk.

🛠️ Step-by-Step Registration Process

1. Confirm the classificationFix the risk class against the CDSCO classification list and the First Schedule — this decides the form, the authority, the fee and the audit route before anything else is drafted.
2. Choose the routeManufacturing (Form MD-3 / MD-7) or import (Form MD-14). Importers appoint an Indian Authorised Agent holding a valid manufacturing or wholesale licence.
3. Build the Device Master File and Plant Master FileAssemble device description, materials, design and process data, ISO 14971 risk file, sterilisation and stability data, and the site file with the QMS.
4. Complete the Essential Principles checklistMap the device against each applicable essential principle and cite the BIS/IS or ISO/IEC standard or test report relied on for each.
5. Draw the test and performance reportsTest to the applicable standards at an accredited laboratory; sterile and measuring devices carry additional validation.
6. Register and file on the CDSCO Online (SUGAM) portalCreate the account, pay the government fee online and upload the full dossier under the correct form.
7. Site audit / inspectionNotified-Body audit for Class A/B manufacture; CDSCO joint-team inspection for Class C/D and, where ordered, for overseas sites on import.
8. Respond to queries and receive the licenceAnswer the deficiency letter within the stipulated period; on approval the licence issues in Form MD-5 / MD-9 (manufacture) or MD-15 (import).

💰 Government Fees

Fees are set in the Second Schedule of the Medical Devices Rules and paid online through the CDSCO portal. They differ sharply by route and class:

Import fees under Form MD-15 run from roughly USD 1,000 per site plus USD 50 per device for lower-risk devices to about USD 3,000 per site plus USD 1,500 per device for Class C and D. Always confirm the current figure on the CDSCO portal before you file, as the schedule is revised from time to time.

⏱️ Timeline & Validity at a Glance

The single biggest lever on timeline is the quality of the first submission: every deficiency letter effectively restarts the clock, so a dossier that pre-empts the common objections is worth far more than one filed quickly and corrected later. Unlike the old registration certificates, an MDR 2017 licence does not carry an expiry date — it stays valid as long as the retention fee is paid every five years and the conditions of licence are met.

⚠️ Where Surgical Masks Applications Get Queried

Common query reasons for surgical-mask applications are:

• BFE or differential-pressure results missing or below the declared type.
• Mask type (I/II/IIR) claimed on the label but not evidenced.
• Respirator and surgical mask conflated in one application.
• Sterile claim with no sterilisation validation.
• Free Sale Certificate scope not covering the product on import.

🔗 Related Approvals Alongside CDSCO

A CDSCO device licence rarely travels alone. Depending on the device and the business, plan for these adjacent approvals in parallel, because any one of them can hold a consignment at the port or stop a sale even when the CDSCO licence is in order:

• Importer-Exporter Code (DGFT) — mandatory for any importer of record before the first consignment.
• Wholesale / sale licence (Form 20B / 21B, or Form MD-42) — for stocking and distributing the device in India; the Indian Authorised Agent for an import licence must already hold one.
• Legal Metrology (LMPC) registration — importers of pre-packaged devices declare MRP, net quantity, importer details and country of origin on the pack.
• BIS certification — where the device or its electrical components fall under a mandatory BIS/CRS scheme (for example many electro-medical devices).

✅ Post-Approval Obligations

The licence is the start of an ongoing compliance duty, not the end of it. After grant, the licensee must:

• Print the licence number on the label and keep the Essential Principles conformity current.
• Operate a Post-Market Surveillance (PMS) system and file the Periodic Safety Update Report (PSUR) on the schedule for the device's class.
• Report adverse events and field safety corrective actions through the Materiovigilance Programme of India (MvPI) and to CDSCO within the prescribed timelines.
• Report any change in device, materials, site, labelling or QMS, and any regulatory action or recall in another country, and act on it.
• Retain distribution records for traceability and allow CDSCO to draw samples and inspect the premises.
• Pay the retention fee every five years to keep the licence in force, and track BIS/ISO standard revisions.

❓ Frequently Asked Questions