Section 32 — Fair Trading Act 1986: Compulsory product recall

32 Compulsory product recall (1) Where a person (in this section referred to as the supplier ) has in trade supplied goods which— (a) Do not comply with a product safety standard prescribed in respect of the goods; or (b) Are goods of a kind which will or may cause injury to any person— and the supplier has not recalled the goods or taken satisfactory action to recall the goods the Minister may, by notice to the supplier, require the supplier to take the action specified in subsection (3) of this section. (2) Where a person (in this section referred to as the supplier ) has in trade supplied goods which are goods of a kind in relation to which there is in force a notice under section 31(1) or (3) of this Act, and the supplier has not recalled the goods or taken satisfactory action to recall the goods, the Minister may by notice to the supplier require the supplier to take the action specified in subsection (3) of this section. (3) For the purposes of subsections (1) and (2) of this section, the Minister may require the supplier, in a manner and within a period specified and at his own expense, to do all or any of the following: (a) Recall the goods: (b) Disclose to the public information relating to— (i) The characteristics of the goods which render them unsafe; or (ii) The circumstances in which use of the goods is unsafe; or (iii) Any other matters relating to the goods or the use of the goods as may be specified: (c) Repair or replace the goods or refund to any person to whom the goods were supplied or resupplied the price paid for the goods or any lesser amount as may be reasonable having regard to the use that person has had of the goods. (4) Where a notice is given to a supplier under subsection (1) or subsection (2) of this section that supplier shall comply in all respects with the notice. (5) Where a notice is given to a supplier under subsection (1) or subsection (2) of this section that supplier shall not, in trade,— (a) Where the notice identifies a defect in, or a dangerous characteristic of the goods, supply goods of a kind to which the notice relates which contain that defect or have that characteristic; or (b) In any other case, supply goods of a kind to which the notice relates.