K Number
K214094
Manufacturer
Date Cleared
2022-02-24

(58 days)

Product Code
Regulation Number
878.4040
Reference & Predicate Devices
Predicate For
N/A
AI/MLSaMDIVD (In Vitro Diagnostic)TherapeuticDiagnosticis PCCP AuthorizedThirdpartyExpeditedreview
Intended Use

The ROKI Surgical Mask is intended to be worn to protect both the patient and healthcare personnel from the transfer of microorganisms, body fluids, and particulate material. The ROKI Surgical Mask is intended for use in infection control practices to reduce the potential exposure to blood and body fluids. This is a single-use, disposable device, provided non-sterile.

Model: L and M, white color, and Level 3 barrier level per ASTM F2100-19.

Device Description

The subject device is white color, and flat pleated type mask, utilizing ear loops' way for wearing, and has nose fitter design for fitting the facemask around the nose.

The subject device is consisted of three layers, the inner and outer layers are made with spun-bond polypropylene, and the middle laver is made with melt blown polypropylene.

The subject device is held in place over the user's mouth and nose by two elastic ear loops welded to the mask. The elastic ear loops are made with polyester and polyurethane. The nose fitter contained in the subject device is in the layers of the mask to allow the user to fit the mask around their nose, which is made of malleable aluminum wire.

There are two models of the subject device, Model M. They differ only in the width. Model L is wider than Model M. However, the material formulation, chemical composition, and material 's processing methods are the same. The subject device is a single-use, disposable device, provided non-sterile.

The performance of the subject device meets Level 3 requirements per ASTM F2100-19.

AI/ML Overview

The provided text describes the acceptance criteria and performance data for the ROKI Surgical Mask, demonstrating its substantial equivalence to a predicate device (Qiqihar Hengxin Medical Supplies, Ltd. Single-Use Surgical Mask, K201924). The device's performance was evaluated against ASTM F2100-19 Level 3 requirements.

Here's a breakdown of the requested information:

1. Table of Acceptance Criteria and Reported Device Performance:

TestAcceptance Criteria (ASTM F2100-19 Level 3)Reported Device Performance (Model L)Reported Device Performance (Model M)
Fluid Resistance Performance (ASTM F1862)160 mmHg160 mmHg (96/96 no penetration)160 mmHg (96/96 no penetration)
Particulate Filtration Efficiency (ASTM F2299)≥ 98%≥ 98.09%≥ 98.07%
Bacterial Filtration Efficiency (ASTM F2101)≥ 98%≥ 98.1%≥ 98.1%
Differential Pressure (Delta-P) (EN14683)< 6.0 mmH2O/cm²≤ 4.4 mmH2O/cm²≤ 3.7 mmH2O/cm²
Flammability (16 CFR Part 1610)Class 1 (≥3.5 sec)Class 1 (96/96 no ignition)Class 1 (96/96 no ignition)

2. Sample Size Used for the Test Set and Data Provenance:

  • Sample Size: For performance testing (Fluid Resistance, PFE, BFE, Differential Pressure, Flammability), a total of 96 samples per model (L and M) were used. This was determined according to a 4% acceptance quality limit (AQL) on the production lot size, with samples drawn from three non-consecutive lots (32 samples per lot, per model).
  • Data Provenance: The document does not explicitly state the country of origin for the data collection. However, the manufacturer is ROKI Co., Ltd. from Japan. The testing was conducted according to international standards (ASTM, EN, ISO). The study is non-clinical performance testing.

3. Number of Experts Used to Establish the Ground Truth for the Test Set and Their Qualifications:

  • This information is not applicable as the evaluation involved physical and chemical performance testing against codified standards (ASTM, EN) for a medical device (surgical mask), not diagnostic or interpretative tasks requiring human expert ground truth.

4. Adjudication Method for the Test Set:

  • This information is not applicable for the same reason as point 3. Testing results are quantitative measurements against defined thresholds.

5. If a Multi Reader Multi Case (MRMC) Comparative Effectiveness Study was done:

  • No, a MRMC comparative effectiveness study was not conducted. This type of study is for evaluating human performance with and without AI assistance, which is outside the scope of testing for a surgical mask.

6. If a Standalone (algorithm only without human-in-the-loop performance) was done:

  • This question is not directly applicable as this device does not involve an algorithm. The "device performance" reported is the standalone physical and chemical performance of the surgical mask itself.

7. The Type of Ground Truth Used:

  • The "ground truth" used for this device's evaluation is defined by codified performance standards (e.g., ASTM F2100-19 Level 3, ASTM F1862, ASTM F2299, ASTM F2101, EN14683, 16 CFR 1610) and biocompatibility standards (ISO 10993 series). These standards specify the acceptable thresholds for various physical and biological properties.

8. The Sample Size for the Training Set:

  • This question is not applicable as this device is a physical product (surgical mask) and does not involve AI algorithms that require a training set.

9. How the Ground Truth for the Training Set Was Established:

  • This question is not applicable as there is no training set for this type of device.

{0}------------------------------------------------

Image /page/0/Picture/0 description: The image shows the logo of the U.S. Food & Drug Administration (FDA). The logo consists of two parts: the Department of Health & Human Services logo on the left and the FDA logo on the right. The FDA logo is in blue and includes the letters "FDA" in a square and the words "U.S. Food & Drug Administration".

February 24, 2022

ROKI Co., Ltd. % Mr. Fumiaki Kanai President & CEO MIC International Corp. 4-32-16 Ryogoku Sumida-ku. Tokyo Japan

Re: K214094

Trade/Device Name: ROKI Surgical Mask Regulation Number: 21 CFR 878.4040 Regulation Name: Surgical Apparel Regulatory Class: Class II Product Code: FXX Dated: December 10, 2021 Received: December 28, 2021

Dear Mr. Kanai:

We have reviewed your Section 510(k) premarket notification of intent to market the device referenced above and have determined the device is substantially equivalent (for the indications for use stated in the enclosure) to legally marketed predicate devices marketed in interstate commerce prior to May 28, 1976, the enactment date of the Medical Device Amendments, or to devices that have been reclassified in accordance with the provisions of the Federal Food, Drug, and Cosmetic Act (Act) that do not require approval of a premarket approval application (PMA). You may, therefore, market the device, subject to the general controls provisions of the Act. Although this letter refers to your product as a device, please be aware that some cleared products may instead be combination products. The 510(k) Premarket Notification Database located at https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfpmn/pmn.cfm identifies combination product submissions. The general controls provisions of the Act include requirements for annual registration, listing of devices, good manufacturing practice, labeling, and prohibitions against misbranding and adulteration. Please note: CDRH does not evaluate information related to contract liability warranties. We remind you, however, that device labeling must be truthful and not misleading.

If your device is classified (see above) into either class II (Special Controls) or class III (PMA), it may be subject to additional controls. Existing major regulations affecting your device can be found in the Code of Federal Regulations, Title 21, Parts 800 to 898. In addition, FDA may publish further announcements concerning your device in the Federal Register.

Please be advised that FDA's issuance of a substantial equivalence determination does not mean that FDA has made a determination that your device complies with other requirements of the Act or any Federal

{1}------------------------------------------------

statutes and regulations administered by other Federal agencies. You must comply with all the Act's requirements, including, but not limited to: registration and listing (21 CFR Part 807); labeling (21 CFR Part 801); medical device reporting of medical device-related adverse events) (21 CFR 803) for devices or postmarketing safety reporting (21 CFR 4, Subpart B) for combination products (see https://www.fda.gov/combination-products/guidance-regulatory-information/postmarketing-safety-reportingcombination-products); good manufacturing practice requirements as set forth in the quality systems (QS) regulation (21 CFR Part 820) for devices or current good manufacturing practices (21 CFR 4, Subpart A) for combination products; and, if applicable, the electronic product radiation control provisions (Sections 531-542 of the Act); 21 CFR 1000-1050.

Also, please note the regulation entitled, "Misbranding by reference to premarket notification" (21 CFR Part 807.97). For questions regarding the reporting of adverse events under the MDR regulation (21 CFR Part 803), please go to https://www.fda.gov/medical-device-safety/medical-device-reportingmdr-how-report-medical-device-problems.

For comprehensive regulatory information about medical devices and radiation-emitting products, including information about labeling regulations, please see Device Advice (https://www.fda.gov/medicaldevices/device-advice-comprehensive-regulatory-assistance) and CDRH Learn (https://www.fda.gov/training-and-continuing-education/cdrh-learn). Additionally, you may contact the Division of Industry and Consumer Education (DICE) to ask a question about a specific regulatory topic. See the DICE website (https://www.fda.gov/medical-device-advice-comprehensive-regulatoryassistance/contact-us-division-industry-and-consumer-education-dice) for more information or contact DICE by email (DICE@fda.hhs.gov) or phone (1-800-638-2041 or 301-796-7100).

Sincerely,

Brent L. Showalter, Ph.D. Assistant Director DHT6B: Division of Spinal Devices OHT6: Office of Orthopedic Devices Office of Product Evaluation and Quality Center for Devices and Radiological Health

Enclosure

{2}------------------------------------------------

Indications for Use

510(k) Number (if known) K214094

Device Name ROKI Surgical Mask

Indications for Use (Describe)

The ROKI Surgical Mask is intended to be worn to protect both the patient and healthcare personnel from the transfer of microorganisms, body fluids, and particulate material. The ROKI Surgical Mask is intended for use in infection control practices to reduce the potential exposure to blood and body fluids. This is a single-use, disposable device, provided nonsterile.

Model: L and M, white color, and Level 3 barrier level per ASTM F2100-19.

Type of Use (Select one or both, as applicable)
-------------------------------------------------
Prescription Use (Part 21 CFR 801 Subpart D)
Over-The-Counter Use (21 CFR 801 Subpart C)

CONTINUE ON A SEPARATE PAGE IF NEEDED.

This section applies only to requirements of the Paperwork Reduction Act of 1995.

DO NOT SEND YOUR COMPLETED FORM TO THE PRA STAFF EMAIL ADDRESS BELOW.

The burden time for this collection of information is estimated to average 79 hours per response, including the time to review instructions, search existing data sources, gather and maintain the data needed and complete and review the collection of information. Send comments regarding this burden estimate or any other aspect of this information collection, including suggestions for reducing this burden, to:

Department of Health and Human Services Food and Drug Administration Office of Chief Information Officer Paperwork Reduction Act (PRA) Staff PRAStaff(@fda.hhs.gov

"An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB number."

{3}------------------------------------------------

510(k) Summary

This summary of 510(k) is prepared in accordance with 21 CFR 807.92.

Date of Preparation: December 10, 2021

SUBMITTER I.

ROKI Co., Ltd. 2396 Futamata, Futamata-cho, Tenryu-ku, Hamamatsu-shi, Shizuoka prefecture, 431-3314, Japan Phone: +81-53-926-0550 (switchboard) +81-53-926-0600 Fax:

Contact person: Fumiaki Kanai President & CEO, MIC International Corp. 4-32-16 Ryogoku, Sumida-ku Tokyo, 130-0026, Japan Email: kanaif(@mici.co.jp Phone: +81-3-6659-5482 +81-3-6659-5463 Fax:

II. DEVICE

Trade name: ROKI Surgical Mask Regulation: 21 CFR 878.4040 - Surgical Apparel Classification Name: Mask, Surgical Regulatory Class: Class II Product Code: FXX

III. PRIMARY PREDICATE DEVICE

Qiqihar Hengxin Medical Supplies, Ltd. Single-Use Surgical Mask (K201924) No reference devices were used in this submission.

{4}------------------------------------------------

IV. DEVICE DESCRIPTION

The subject device is white color, and flat pleated type mask, utilizing ear loops' way for wearing, and has nose fitter design for fitting the facemask around the nose.

The subject device is consisted of three layers, the inner and outer layers are made with spun-bond polypropylene, and the middle laver is made with melt blown polypropylene.

The subject device is held in place over the user's mouth and nose by two elastic ear loops welded to the mask. The elastic ear loops are made with polyester and polyurethane. The nose fitter contained in the subject device is in the layers of the mask to allow the user to fit the mask around their nose, which is made of malleable aluminum wire.

There are two models of the subject device, Model M. They differ only in the width. Model L is wider than Model M. However, the material formulation, chemical composition, and material 's processing methods are the same. The subject device is a single-use, disposable device, provided non-sterile.

The performance of the subject device meets Level 3 requirements per ASTM F2100-19.

V. INDICATIONS for USE

The ROKI Surgical Mask is intended to be worn to protect both the patient and healthcare personnel from the transfer of microorganisms, body fluids, and particulate material. The ROKI Surgical Mask is intended for use in infection control practices to reduce the potential exposure to blood and body fluids. This is a single-use, disposable device, provided non-sterile.

Model: L and M, white color, and Level 3 barrier level as ASTM F2100-19.

{5}------------------------------------------------

VI. COMPARISON of TECHNOLOGICAL CHARACTERISTICS with THE PREDICATE DEVICE

a. Substantially Equivalent Comparison

ItemSubject DevicePredicate DeviceRemark
510K numberK201924
ManufacturerROKI Co., Ltd.Qiqihar Hengxin MedicalSupplies, Ltd.
Trade NameROKI Surgical MaskSingle-Use Surgical MaskSimilar
Product CodeFXXFXXSame
ClassificationClass II 21 CFR 878.4040Surgical apparel.Class II 21 CFR 878.4040Surgical apparel.Same
Intended Use/Indications forUseThe ROKI Surgical Mask isintended to be worn toprotect both the patient andhealthcare personnel fromtransfer of microorganisms,body fluids and particulatematerial. The Surgical Maskis intended for use ininfection control practices toreduce the potentialexposure to blood and bodyfluids. This is a single use,disposable device, providednon-sterile.Model: L and M, whitecolor, and Level 3 barrierlevel as ASTM F2100.The Single-Use SurgicalMask is intended to be wornto protect both the patientand healthcare personnelfrom the transfer ofmicroorganisms, body fluidsand particulate material. TheSingle-Use Surgical Maskintended for use in infectioncontrol practices to reducethe potential exposure toblood and body fluids. Thisis a single use, disposabledevice(s), provided non-sterile.Model: M and L, blue color,and Level 3 barrier level asASTM F2100.Same
ModelL, ML, MSame
Basic DesignEar Loops, Flat Pleated,3 layersEar Loops, Flat Pleated,3 layersSame
Materials
Outer LayerSpun-bond polypropyleneSpun-bond non-woven fabric
Middle LayerMelt blown polypropyleneMelt blown non-woven fabricSame1)
Inner LayerSpun-bond polypropyleneSpun-bond non-woven fabric
Nose FitterMalleable aluminum wireMalleable aluminum wire
Ear LoopsPolyester/ polyurethanePolyesterDifferent
Table 6.1. Comparison of Technological Characteristics (continued)
ItemSubject DevicePredicate DeviceRemark
Design Features
ColorWhiteBlueDifferent
Dimension(Width)Model L : 17.5cm ± 1cmModel L : 18cm ± 1cmSimilar
Model M: 16cm ± 1cmModel M: 14cm ± 1cm
Dimension(Length)9.5cm ±1 cm9cm ±1cm
OTC useYesYesSame
Single UseYesYesSame
SterileNoNoSame

Table 6.1. Comparison of Technological Characteristics

{6}------------------------------------------------

f Tochnological Charactoristias (gontin ﺮ 11 Tablo 6 1

  1. The material of each layer of the predicate device is all made of polypropylene, which is also the same as the material of each layer of the corresponding subject device.

The differences in the materials of the ear loop and color do not raise additional questions for safety and effectiveness as a result of performance and biocompatibility testing on the final finished product, including all component materials.

Item & Standard(Testing Method)Subject DevicePredicateDeviceRemark
Fluid Resistance PerformanceASTM 1862/F1862M: 2017160mmHg160mmHg160mmHgSame
Particulate Filtration EfficiencyASTM 2299/F2299M-3:2017≥ 98.09%≥ 98.07%≥ 99.03%Similar
Bacterial Filtration EfficiencyASTM F2101-19≥ 98.1%≥ 98.1%≥ 99.50%Similar
Differential Pressure (Delta-P)EN14683:2019+AC:2019< 4.4 mmH2O/cm²< 3.7 mmH2O/cm²< 5.1 mmH2O/cm²Similar
Flammability 16 CFR Part 1610-08Class 1Class 1Class 1Same
ASTM F2100-19Level 3Level 3Level 3Same

Table 6.2. Performance Characteristic Comparison

Although the test results are not identical to each other, but they are similar and they both meet the requirement of Level 3 medical face mask according to the ASTM F2100-19 recognized by FDA as a consensus standard.

{7}------------------------------------------------

Item & Standard(Testing Method)Subject devicePredicate deviceRemark
CytotoxicityISO 10993-5-09Under the conditions ofthe study, the subjectdevice is non-cytotoxic.Under the conditions ofthe study, notcytotoxicity effect as ISO10993-5Same
IrritationISO 10993-10-10Under the conditions ofthe study, the subjectdevice is non-irritating.Under conditions of thestudy, not an irritant asISO 10993-10Same
SensitizationISO 10993-10-10Under the conditions ofthe study, the subjectdevice is non-sensitizing.Under the conditions ofthe study, not a sensitizeras ISO 10993-10Same

Table 6 3 Biocompatibility Comparison

The subject device complies with the same standards as those used in the predicate device. Those three standards are FDA recognized consensus standards.

NON - CLINICAL TETING DATA VII.

a. Performance testing

The performance evaluation for the subject device was conducted in accordance with the FDA guidance "Guidance for Industry and FDA Staff: Surgical Masks - Premarket Notification [510(k)] Submission" March 5, 2004 and ASTM F2100 "Standard Specification for Performance of Materials Used in Medical Face Masks" as recognized by FDA. Performance evaluation included the following tests:

  • Fluid Resistance Performance
  • · Particulate Filtration Efficiency
  • · Bacterial Filtration Efficiency
  • · Differential Pressure (Delta-P)
  • · Flammability

Both models L and M were used as test samples. Sample size was determined according to a 4% acceptance quality limit (AQL) on the production lot size. A total of 96 samples per lot from three non-consecutive lots, were used under the condition of 4% AQL according to ASTM F2100-19.

Table 6.4 and Table 6.5 shows the results of the testing for model L and M. respectively. All testing results met ASTM F2100-19 Level 3 acceptance criteria as well as the predicate device.

Performance comparison between the subject device and the predicate device are summarized in the Table 6.2.

{8}------------------------------------------------

Item &Model L ResultsPass/Fail
Testing method(Standard)Number ofPasses outof 32Minimum orMaximumResultAcceptance criteria:ASTM F2100-19Level 3
Fluid ResistanceLot 1: 32at 160mmHgPass
PerformanceLot 2: 32at 160mmHg96 out of 96 nopenetration≥29 out of 32 pass/lot
ASTM F1862: 2017Lot 3: 32at 160mmHg
Particulate FiltrationEfficiencyASTM F2299/ F2299M-03:2017Lot 1: 32≥ 98.13%Pass≥98%
Lot 2: 32≥ 98.09%≥ 98.09%
Lot 3: 32≥ 98.13%
Bacterial FiltrationEfficiencyASTM F2101-2019Lot 1: 32≥ 98.7%Pass≥98%
Lot 2: 32≥ 98.1%≥ 98.1%
Lot 3: 32≥ 98.2%
Differential Pressure(Delta-P)EN14683:2019+AC:2019Lot 1: 32≤ 4.4mmH2O/cm²Pass<6.0 mmH2O/cm²
Lot 2: 32≤ 4.1mmH2O/cm²≤ 4.4mmH2O/cm²
Lot 3: 32≤ 4.1mmH2O/cm²
Flammability class16 CFR 1610:2008Lot 1: 32No ignitionClass 1≥3.5 sec.
Lot 2: 32No ignition96 out of 96 noignition
Lot 3: 32No ignition

Table 6.4. Results and verdict of the performance testing for model L

{9}------------------------------------------------

Item&Testing method(Standard)Number ofPasses outof 32Minimum orMaximumResultPass/FailAcceptancecriteria:ASTMF2100-19Level 3
Fluid ResistancePerformanceASTM F1862:2017Lot 1: 32at 160mmHg96 out of 96Pass
Fluid ResistancePerformanceASTM F1862:2017Lot 2: 32at 160mmHgnopenetration≥29 out of32 pass/ lot
Fluid ResistancePerformanceASTM F1862:2017Lot 3: 32at 160mmHg
Particulate FiltrationEfficiencyASTM F2299/F2299M-03:2017Lot 1: 32≥ 98.07%Pass≥98%
Lot 2: 32≥ 98.10%≥ 98.07%
Lot 3: 32≥ 98.11%
Bacterial FiltrationEfficiencyASTM F2101-2019Lot 1: 32≥ 98.5%Pass≥98%
Lot 2: 32≥ 98.3%≥ 98.1%
Lot 3: 32≥ 98.1%
DifferentialPressure (Delta-P)EN14683:2019+AC:2019Lot 1: 32≤ 3.5mmH2O/cm²Pass
DifferentialPressure (Delta-P)EN14683:2019+AC:2019Lot 2: 32≤ 3.5mmH2O/cm²≤ 3.7mmH2O/cm²< 6.0mmH2O/cm²
DifferentialPressure (Delta-P)EN14683:2019+AC:2019Lot 3: 32≤ 3.7mmH2O/cm²
Flammability class16 CFR 1610:2008Lot 1: 32No ignitionClass 1≥3.5 sec.
Lot 2: 32No ignition96 out of 96no ignition
Lot 3: 32No ignition
Table 6.5. Results and verdict of the performance testing for model M

The testing results demonstrated that the subject device complies with the following standards:

  • · ASTMF2100-2019, Standard Specification for Performance of Materials Used in Medical Face Masks
  • ASTM F1862/F1862M:2017, Standard Test Method for Resistance of Medical Face Masks to Penetration by Synthetic Blood (Horizontal Projection of Fixed Volume at a Known Velocity)
  • · ASTM F2299/F2299M-03:2017, Standard Test Method for Determining the Initial Efficiency of Material Used in medical Face Masks to Penetration by Particulates using Latex Spheres
  • · ASTM F2101-2019, Standard Test Method for Evaluating the Bacterial Filtration Efficiency (BFE) of Medical Face Mask Materials, Using a Biological Aerosol of Staphylococcus aureus
  • · EN14683:2019+AC:2019, Appendix C, Medical face masks- Requirements and test methods
  • 16 CFR 1610-08, Standard for the Flammability of clothing textiles .

{10}------------------------------------------------

b. Biocompatibility testing

The biocompatibility evaluation for the subject device was conducted in accordance with the FDA guidance "Use of International Standard ISO 10993-1, "Biological evaluation of medical devices - Part 1: Evaluation and testing within a risk management process' Guidance for Industry and Food and Drug Administration Staff" September 4, 2020 and ISO 10993-1 as recognized by FDA. Biocompatibility evaluation included the following tests:

  • · In vitro Cytotoxicity
  • · Irritation
  • · Skin Sensitization

Table 6.5 shows the testing results of the subject device. Under the condition of this study, the subject device is non-cytotoxic, non-irritating and non-sensitizing as well as the predicate device. Biocompatibility comparison between the subject and predicate device are summarized in the Table 6.3.

ItemStandard (Testing Method)Results
in vitroCytotoxicityISO 10993-5-09MEM elution using L-929mouse fibroblast cellPassUnder the conditions of the study,no in vitro cytotoxicity observed.
IrritationISO 10993-10-10Animal irritation testPassUnder the conditions of the study,no irritation observed.
Skin SensitizationISO 10993-10-10Guinea pig maximization testPassUnder the conditions of the study,no skin sensitization observed.

Table 6.6. Biocompatibility Testing Results

The test results demonstrated that the subject device complies with the following FDA recognized consensus standards:

  • · ISO 10993-5-09: Biological Evaluation of Medical Devices Part 5: Tests For In Vitro Cytotoxicity
  • · ISO 10993-10-10: Biological evaluation of medical devices Part 10: Tests for irritation and skin sensitization
  • · ISO 10993-12-21: Biological evaluation of medical devices Part 12: Sample preparation and reference materials

{11}------------------------------------------------

c. Summary

The subject device has the same or similar performance characteristics and conform to the same or similar standards as for the predicate device.

VIII. CLINICAL TEST CONCLUSION

No clinical study is included in this submission.

IX. CONCLUSION

Intended use and indications for use, basic design, materials, design features, and non-clinical testing result of the subject device are same as or similar to the predicate device. The difference between the subject device and the predicate device does not raise any question to safety and effectiveness. Accordingly, it is concluded that the subject device is substantially equivalent to the predicate device K201924.

§ 878.4040 Surgical apparel.

(a)
Identification. Surgical apparel are devices that are intended to be worn by operating room personnel during surgical procedures to protect both the surgical patient and the operating room personnel from transfer of microorganisms, body fluids, and particulate material. Examples include surgical caps, hoods, masks, gowns, operating room shoes and shoe covers, and isolation masks and gowns. Surgical suits and dresses, commonly known as scrub suits, are excluded.(b)
Classification. (1) Class II (special controls) for surgical gowns and surgical masks. A surgical N95 respirator or N95 filtering facepiece respirator is not exempt if it is intended to prevent specific diseases or infections, or it is labeled or otherwise represented as filtering surgical smoke or plumes, filtering specific amounts of viruses or bacteria, reducing the amount of and/or killing viruses, bacteria, or fungi, or affecting allergenicity, or it contains coating technologies unrelated to filtration (e.g., to reduce and or kill microorganisms). Surgical N95 respirators and N95 filtering facepiece respirators are exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to § 878.9, and the following conditions for exemption:(i) The user contacting components of the device must be demonstrated to be biocompatible.
(ii) Analysis and nonclinical testing must:
(A) Characterize flammability and be demonstrated to be appropriate for the intended environment of use; and
(B) Demonstrate the ability of the device to resist penetration by fluids, such as blood and body fluids, at a velocity consistent with the intended use of the device.
(iii) NIOSH approved under its regulation.
(2) Class I (general controls) for surgical apparel other than surgical gowns and surgical masks. The class I device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to § 878.9.