Revised Laws of Saint Lucia (2021)

140.   Compulsory recall

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    (1)   Subject to section 145, the Director may, issue a notice requiring the recall of goods that is intended to be used or is of a kind likely to be used by a consumer to any supplier if —

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      (a)     the goods appear to the Director to be goods of a kind that will or may cause injury to any person when used for the purpose for which the goods are intended or are likely to be used;

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      (b)     it appears to the Director that the supplier does not comply with the Consumer Safety Regulations under section 134;

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      (c)     the goods are subject to a Notice declaring the goods to be unsafe under section 136 or imposing a permanent ban on the goods under section 137; and

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      (d)     the supplier has not taken satisfactory action to prevent the goods from causing injury to any person.

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    (2)   A Notice under subsection (1) may require the supplier to whom the Notice is issued to do one or more of the following —

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      (a)     take action within the period specified in the Notice to recall the goods identified in the Notice;

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      (b)     disclose to the public, or to a class of persons specified in the Notice, in the manner and within the period specified in the Notice, one or more of the following —

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        (i)     the nature of a defect in, or a dangerous characteristic of, the goods identified in the Notice,

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        (ii)     the circumstances, being circumstances identified in the Notice, in which the use of the goods is dangerous,

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        (iii)     procedures for disposing the goods specified in the Notice;

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      (c)     inform the public, or a class of persons specified in the Notice in the manner and within the period specified in the Notice that the supplier undertakes to do whichever of the following is appropriate —

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        (i)     except where the Notice identifies a dangerous characteristic of the goods, repair the goods,

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        (ii)     replace the goods,

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        (iii)     refund to a person to whom the goods was supplied, whether by the supplier or by any other person, the price of the goods.

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    (3)   A Notice under subsection (1) may give directions as to the manner in which the person is to carry out a recall of goods required under the Notice.

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    (4)   A Notice issued under this section must be in writing and published in the Gazette and at least 2 newspapers in circulation in Saint Lucia.