What is the recall management of product recall, and what is the product recall system

The product recall system refers to the system that after the product enters the circulation field, if it is found that there are defects that may endanger the health and safety of consumers, the manufacturer or distributor of the product shall take effective measures in a timely manner to recall the defective products in the quickstone lead pass under the supervision of the first class to avoid the occurrence of harm.

1. What is the tort of damage caused by product defects?

The tort of damage caused by product defects refers to the act of the manufacturer and seller of the product who shall bear civil liability for the personal or property damage of others caused by the products manufactured or sold. The elements of a tort constituting a product defect causing damage to a person include:

1.The product quality is not up to standard.

2.Substandard products have caused property and personal damage to others.

3.There is a causal link between the defect of the product and the fact of the victim's damage.

2. What are the legal obligations of business operators?

The legal obligations of business operators are: if business operators discover that the goods or services they provide are defective and pose a danger to the safety of persons or property, they shall immediately report to the relevant administrative departments and inform consumers, and take measures such as stopping sales, warnings, and recalls; Proprietors providing goods or services shall issue invoices and other proof of purchase.

3. Can't cosmetics be returned?

If the packaging is not unpacked or the quality of the cosmetics is defective, the cosmetics shall not be returned or replaced except to prove that the product is defective and may cause adverse consequences to consumers. If the net is thick and bright, the disposable sealed packaging of cosmetics is damaged or there are personal safety problems after opening, and it is not suitable to return the product. The parties agree to return the goods or require the operator to perform the obligation of replacement or repair.

If there is no national provision or agreement between the parties, the consumer may return the goods within seven days from the date of receipt; If the conditions for terminating the contract are met after seven days, the goods can be returned in time; Where the conditions for terminating the contract are not met, consumers may request that the proprietor perform the obligation to replace or repair the contract under the statutory conditions.

Article 1206 of the Civil Code of the People's Republic of China If defects are found after the product is put into circulation, the producer or seller shall promptly take remedial measures such as stopping sales, warnings, and recalls; Where remedial measures are not taken in a timely manner or the remedial measures are ineffective and the damage is expanded, tort liability shall also be borne for the expanded damage.

Where recall measures are employed in accordance with the provisions of the preceding paragraph, the producer or seller shall bear the necessary expenses incurred by the infringed party.

What are the regulations for product recalls?

1. In order to strengthen the management of the recall of defective automobile products, these provisions are formulated in accordance with the "Product Quality Law of the People's Republic of China" and other laws.

2. These provisions shall apply to those engaged in the production, import, sales, leasing and repair of automobile products within the territory of the People's Republic of China.

3. The manufacturer (importer) of the automobile product shall perform the recall obligation of the defective automobile product produced (imported) in accordance with these regulations, and bear the cost of eliminating the defect and the necessary transportation costs; Sellers, leasers, and repairers of automotive products shall assist manufacturers in fulfilling their recall obligations.

4. When the sold automobile products have the defects referred to in these regulations, the manufacturer shall organize and implement the recall of the defective automobile products in accordance with the requirements of the voluntary recall or directive recall procedures in these regulations. According to the needs of economic development and the management requirements of the automobile industry, the state implements a recall system for defective automobile products step by step according to the types of automobile products.

5. The term "automobile products" in these regulations refers to road vehicles that are used to carry personnel and goods and are driven or towed by power in accordance with the provisions of national standards. The term "defect" in these provisions refers to the unreasonable danger of endangering personal and property safety that is common in a certain batch, model or category of automobile products due to design, manufacturing and other reasons, or does not comply with the national standards for automobile safety.

6. The General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China (hereinafter referred to as the competent department) is responsible for the organization and management of the national defective automobile recall. The National Development and Reform Commission, the Ministry of Commerce, the General Administration of Customs and other relevant departments shall, within the scope of their respective responsibilities, cooperate with the competent authorities to carry out the relevant management of the recall of defective vehicles.

7. The period of recall of defective automobile products shall be from the delivery of the first owner to the safe use period specified by the automobile manufacturer; If the automobile manufacturer does not specify the safe use period, or the specified safe use period is less than 10 years, it shall be 10 years from the date on which the seller delivers the automobile product to the first owner.

Benefits of product recalls.

1. Protect the personal and property safety of consumers and promote consumption.

2. Promote the development of enterprises.

3. Ensure the implementation of the product recall system.

4. Safeguard the international economic interests of Chinese consumers.

What are the regulations for product recalls? If there is a quality problem with the product, but the manufacturer refuses to recall it, the consumer can hold them accountable according to the law. Regarding the legal provisions on product recall or what to do when requiring manufacturers to recall products, you can find a lawyer from Legal.com to solve it.