The recall system refers to withdrawing from the market, exchanging or refunding for products that are deemed to have the Potential to cause physical harm or property damage to consumers. Such measures are voluntarily taken by the business or manufacturer of such items or in response to government orders. The details of the defects involved are publicly notified and corrective measures to withdraw, dispose of, repair, exchange, or refund for the items in question are taken to prevent the damage and protect consumers.
Types of recalls
Voluntary recall
When there is a reason for recall such as concerns about physical harm or property damage to consumers, the business or manufacturer voluntarily withdraws, disposes of, repairs, exchanges, or refunds for the items in question.
Recommended recall
When there is a cause for recall, the head of a national administrative body or the governor or mayor of a local government recommends the recall of items in question.
Order for recall
When there is a cause for recall, the head of a national administrative body or the governor or mayor of a local government orders the business or manufacturer to implement a product recall.
How recalls are carried out
Repairs
The method is used when a complete correction is possible through an exchange of certain parts in the defective product. The cause of defect must be clear.
Exchanges
The principle is to exchange a defective product with the same product without a defect. If this is not possible, an exchange with a product of equivalent value may be carried out.
Refunds
Refunds are usually adopted when a repair or re-use of the defective product is impossible (requires presentation of documents such as purchase receipts).
Disposals
For products that have been banned from sale or withdrawn from the market, this measure is taken to remove the harmful factors and reduce storage costs.
Basic process of recalls
- Stage of risk monitoring where the businesses constantly monitor the risk factors of the products.
- Stage of harm recognition where the risk of the product is recognized
- Stage of risk evaluation where the risks are analyzed and assessed after the defects of the product are recognized
- Stage of recall where recall is planned and implemented after evaluation
- Stage of post-management where the evaluation of recalls is implemented and follow-up measures such as record management are taken
Major recall-related systems under the current laws
| Category | Legal rationale | Head department in charge | Conditions for recalls |
|---|---|---|---|
| All goods and services |
Framework Act on Consumers |
Head of national governmental agency, mayor or governor of local governments | If there is a concern for significant physical harm or property damages for consumers |
| Vehicles |
Motor Vehicle Management Act |
Ministry of Land, Infrastructure and Transport | If there are defects that make the vehicle inadequate or pose a risk to safe operation are found in numerous units or if there is a concern for such. |
|
Clean Air Conservation Act |
Ministry of Environment | If the manufacturer has exceeded the emission limits as proven by tests on related parts | |
| Food |
Food Sanitation Act |
Ministry of Food and Drug Safety, mayors and governors of local governments |
If there is an actual violation or concern about violation of food hygiene standards |
|
Framework Act on Food Safety |
Head of the related national administrative body | If harm to public health has been posed or a concern about such harm is recognized | |
|
Functional Health Foods Act |
Ministry of Food and Drug Safety, mayors and governors of local governments |
If harm to public health has been posed or a concern about such harm is recognized | |
| Drugs |
Pharmaceutical Affairs Act |
Ministry of Food and Drug Safety, mayors and governors of local governments |
If a violation of related law poses the issue of safety or efficacy |
| Animal products |
Livestock Products Sanitary Control Act |
Ministry of Agriculture, Food and Rural Affairs(headquarters for inspection and quarantine), head of local governments | If harm to public hygiene has been posed or a concern about such harm by animal products is recognized |
| Industrial Products |
Framework Act on Product Safety |
Head of the related national administrative body | If a defect in the manufacturing or design of a product or the markings on the packages pose a risk of physical injury or property damage. Or if concerns about such risk are recognized. |
|
Quality Control And Safety Management of Industrial Products Act |
Head of local governments | If safety certification has not been acquired or safety standards have not been met | |
|
Electrical Appliances Safety Control Act |
Head of local governments | If safety certification has not been acquired or safety standards have not been met | |
| Drinking water |
Drinking Water Management Act |
Ministry of Environment, head of local governments | If the water quality, container or packaging does not meet the standards and thus pose a risk to public health or concerns of such are raised. |
Relation between the Framework Act on Consumers and individual laws
- The Framework Act on Consumers is the basic legal framework to ensure consumer rights including consumer safety. If there are recall-related rules in individual laws for the product type concerned, recalls of the product shall be carried out in accordance with such rules.
- In cases where systems related to the Framework Act on Consumers are not specified, both the Act and articles on recalls in individual laws may be applied.
- For instance, if the manufacturer or distributor of food products has recognized the defects of the products, the articles related to the obligation to report on defects under the Framework Act on Consumers shall be applied. If the risk factors are verified after evaluation of information on the defects, the recall rules under the Food Sanitation Act which is an individual law shall be applied to enable recalls.
