- (a) placing the product on the market, offering to place it on the market, agreeing to place it on the market or exposing it for placing on the market, or
- (b) supplying the product, offering to supply it, agreeing to supply it or exposing it for supply.
(2) A withdrawal notice may require the person on whom it is served to take action to alert consumers to the risks that the product presents.
(3) In relation to a product that is already on the market, a withdrawal notice may only be served by an enforcement authority where the action being undertaken by the producer or the distributor concerned in fulfilment of his obligations under these Regulations is unsatisfactory or insufficient to prevent the risks concerned to the health and safety of persons.
(4) Paragraph (3) shall not apply in the case of a product posing a serious risk requiring, in the view of the enforcement authority, urgent action.
(5) A withdrawal notice served by an enforcement authority in relation to a product may require the person on whom it is served to keep the authority informed of the whereabouts of any such product in which he has an interest.
(6) A consent given by the enforcement authority for the purposes of paragraph (1) may impose such conditions on the doing of anything for which the consent is required as the authority considers appropriate.
Recall notices
15.—(1) Subject to paragraph (4), where an enforcement authority has reasonable grounds for believing that a product is a dangerous product and that it has already been supplied or made available to consumers, the authority may serve a notice (“a recall notice”) requiring the person on whom it is served to use his reasonable endeavours to organise the return of the product from consumers to that person or to such other person as is specified in the notice.
(2) A recall notice may require—
- (a) the recall to be effected in accordance with a code of practice applicable to the product concerned, or
- (b) the recipient of the recall notice to—
- (i) contact consumers who have purchased the product in order to inform them of the recall, where and to the extent it is practicable to do so,
- (ii) publish a notice in such form and such manner as is likely to bring to the attention of purchasers of the product the risk the product poses and the fact of the recall, or
- (iii) make arrangements for the collection or return of the product from consumers who have purchased it or for its disposal, and may impose such additional requirements on the recipient of the notice as are reasonable and practicable with a view to achieving the return of the product from consumers to the person specified in the notice or its disposal.
(3) In determining what requirements to include in a recall notice, the enforcement authority shall take into consideration the need to encourage distributors, users and consumers to contribute to its implementation.
(4) A recall notice may only be issued by an enforcement authority where—
- (a) other action which it may require under these Regulations would not suffice to prevent the risks concerned to the health and safety of persons,
- (b) the action being undertaken by the producer or the distributor concerned in fulfilment of his obligations under these Regulations is unsatisfactory or insufficient to prevent the risks concerned to the health and safety of persons, and
- (c) the authority has given not less than seven days notice to the person on whom the recall notice is to be served of its intention to serve such a notice and where that person has
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