ADVOKS GLOBAL · KENYA
The Competition Act (General) Rules, 2019
28. Voluntary recall
Edition: 2019-12-06 · In force
28. Voluntary recall
(1)A supplier may recall goods upon detection of a safety related hazard in relation thereto or upon receipt of complaints by consumers, consumer bodies or other persons regarding any dangerous characteristic of the goods or injury result from the use of the said goods.(2)Where a supplier voluntarily recalls goods, the supplier shall-(a)notify the Authority of the recall and provide details of other entities within the supply chain that have been notified;(b)prepare a recall strategy for approval by the Authority;(c)publish a written recall notice in at least two newspapers with wide circulation in Kenya;(d)retrieve the affected product from consumers and from the supply chain; and(e)submit regular progress reports to the Authority.(3)A written recall notice shall include the following—(a)a product description indicating a clear description of the product, including the name, make and model, batch or serial numbers and dates on which the product was available for sale and any distinguishing feature;(b)a photograph or drawing of the product to provide the consumer with a convenient and effective means of identification;(c)a description of the defect describing the defect in simple terms for the benefit of the average consumer can understand;(d)a statement of the hazard describing the maximum potential hazard and associated risk should be included;(e)a section explaining the immediate action the consumer should take; and(f)contact details to inform the customer who they should contact in order to receive a refund or have the product repaired or replaced.(4)A supplier shall make arrangements for the retrieval of the product by—(a)establishing collection points across its distribution network;(b)notifying the relevant parties, including other entities within the supply chain and consumers, of the intended method of retrieval of the recalled product; or(c)arranging for the returned product to be quarantined until it can be rectified or safely destroyed.(5)A supplier shall submit progress reports to the Authority until a final report is approved by the Authority.