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How to Conduct a Recall - A Checklist
Nominate one person, or a team, to examine the
problem, assess the risk and coordinate the recall.
Identify the steps that need to be taken to address
the problem.
Decide what recall action you should take, based
on the risk associated with using the product. If a product is likely
to cause injury, you should ask consumers and other suppliers to
return the product for a refund or replacement, or for modification.
If a product is unlikely to cause injury in the short term, you
should invite consumers to contact the company for a replacement
product or part. You should also offer to send an agent to the consumer's
home to repair or modify a product that is difficult to transport.
Identify which models or batches of the product
are affected (eg, by serial numbers, batch marking), when these
were produced and where they have been distributed.
Arrange to provide refunds, or replace or repair
the defective product.
Notify the Minister for Competition Policy and Consumer Affairs
(the Minister) in writing within two days of taking recall action.
Legally, this notification must state that the goods are subject
to recall and provide details of the nature of any defect.* Address
the notification to the Minister and deliver it by post, fax
or email to the Australian
Competition and Consumer Commission at the relevant address given
below:
The Hon Chris Bowen MP
Minister for Competition Policy and Consumer Affairs
c/o: Australian Competition and Consumer Commission
GPO Box 3131
CANBERRA ACT 2601
Fax: (02) 6243 1073
Email: recalls@recalls.gov.au
Prepare a notification containing:
- a clear description of the product, including
the name, make, model and serial number, with a photograph or
drawing, if available**
- complete contact details of the supplier including
contact name and company street address, postal address, e-mail
address, web site address, telephone and facsimilie numbers
- a statement of the hazard and the associated
risk
- dates when the product was available for sale
- the number of products affected
- where the product has been distributed and
/ or exported
- what action the supplier proposes to take (including copies of any proposed recall advertisements)
- what action the other suppliers and consumers
should take, and
- detailed information about using or storing
the product
* Suppliers should note that the legal notification to the Minister
is an official and formal requirement under S 65R of the Trade Practices Act 1974.
For this reason, the notification must include the requirements listed above. Sending only a
copy of a proposed/actual recall advertisement, for example, will not be considered a sufficient
official/formal notification under the Trade Practices Act.
** Suppliers should also note that recalls are more effective
if a photo or other image is added to our Product Recalls Australia
web site entry for your recall. The ACCC therefore requests that
digital images (where relevant) be provided with all recall notifications
via email to recalls@recalls.gov.au
Notify overseas recipients of the recalled product in writing.
If you have supplied the product overseas, you have a legal obligation
to notify the recipients within a reasonable time and provide the
Minister with a copy of this notification within 10 days. Address
the notification to the Minister and deliver it by post, fax
or email to the Australian
Competition and Consumer Commission at the relevant address given
above.
Liaise with relevant government agencies on the
recall action
Food
Standards Australia New Zealand (FSANZ) for food recalls,
Department
of Infrastructure, Transport, Regional Development and Local Government (INFRASTRUCTURE) for motor vehicle recalls,
Therapeutic
Goods Administration (TGA) for therapeutic goods,
Australian
Pesticides & Veterinary Medicines Authority (APVMA) for agricultural
and veterinary chemcials,
State
and Territory electrical regulators for electrical goods,
State
and Territory gas regulators for gas appliance products,
Product
Safety Policy Section of the Australian Competition and Consumer
Commission and State and Territory
Consumer Affairs agencies for other consumer products.
Check with the responsible authority to make sure
you are aware of the correct procedures.
Notify distributors, wholesalers, importers, agents
and retailers quickly and in writing. If the risk is particularly
serious you should, if possible, notify them directly by email,
fax or telephone.
Notify other companies or organisations (eg, trade
associations) likely to be affected by the recall.
Prepare and undertake a publicity campaign to
ensure all users of the product are aware of the recall.
Arrange to destroy the defective products, or
store them securely until you can modify them.
Keep a record of returned products, modified products,
or replacement products or parts sent to consumers. Record consumer
details, dates and any known injuries, damage or complaints associated
with the use of the recalled good.
Monitor the recall using your records of returns.
If the recall has not achieved a satisfactory rate of return, you
will need to develop new publicity strategies. Analyse your records
to see which suppliers, or which regions, have a low return rate
and choose suitable methods to inform these suppliers of the recall.
Keep relevant authorities informed of the progress
of the recall.
Review the effectiveness of the recall procedures
once the recall has finished. Put in place any changes you consider
appropriate
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