Chapter 3: Enforcement Section 30: Recall notices
This Section provides a power for the Secretary of State to give a recall notice to a manufacturer or their authorised representative, an importer or a distributor.
	Subsection (1) provides that a recall notice may only be given if (a) the Secretary of State has reasonable grounds to believe that there is a compliance failure in relation to any UK consumer connectable products that have been supplied to customers, (b) the Secretary of State considers that the action (if any) being taken by any relevant person in relation to the compliance failure is inadequate, and (c) the Secretary of State considers that any no other action which the Secretary of State may take under Sections 28, 29 and 42 would be sufficient to deal with the risks posed by the compliance failure.
	Subsection (3) describes a recall notice as a notice requiring the recipient to make arrangements within a specified period for the return of the products to the recipient or to another person specified in the notice.
	Subsection (4) provides that a recall notice must (a) set out the reasons for giving the recall notice, (b) explain what may happen if the person does not comply with it, and (c) explain how the person may appeal against it.
	Subsection (5) provides some further detail as to what a recall notice may require, including, informing customers of risks posed by the product to which the recall notice relates.
	Subsection (6) provides that before issuing a recall notice, the Secretary of State must notify the recipient that they intend to give a recall notice and provide an opportunity for the recipient to make representations about the giving of a notice.
	The Secretary of State must not impose a recall notice until ten days after they have notified the recipient that they intend to issue a recall notice.
	Subsection (8) provides that if there is an urgent need to give a recall notice, then the requirements in subsections (6) and (7) do not apply.
Example of issuing a recall notice
A smart camera with a universal default password is hacked and used to spy on consumers or to facilitate robberies. The manufacturer is unable and unwilling to comply with its duties in relation to the product and continues to supply the product to customers. After assessing the risk of the breach, the Secretary of State determines the compliance failure poses an immediate and high risk to any UK household which has purchased this product and to the UK’s economy due to the products facilitation of robberies.
The Secretary of State gives a recall notice to the manufacturer/importer/distributor(s) or to any combination of relevant persons involved in the supply chain of the product to ensure the products are removed from circulation and the threat is eliminated.