What should my business expect when we report a product and check off the “Fast Track” participation box?
As with all mandatory reporting, the Fast Track Recall Program requires a Full Report from the firm, as described in 16 CFR § 1115.13(d), including an acceptable Corrective Action Plan (CAP) that is ready to be implemented within 20 working days and includes:
a CPSC-approved remedy (either a full refund or fully tested replacement or repair supported by technical documentation)
a joint news release with CPSC
a point-of-purchase poster
a CPSC-approved reverse logistics plan
website notification on the Firm’s homepage
letters to the distribution chain; and
social media announcements modeled after the news release.
Resources to assist you are available at: www.cpsc.gov/recallguidance.
How do I document that I have submitted my report to CPSC?
Submitting your report through the new online Section 15(b) reporting system, now available at: www.saferproducts.gov/business, has a user-friendly interface that includes hover-over features and guidance for firms throughout the submission process. Firms using the new site will also receive an emailed copy of all information submitted to CPSC through the system, along with emailed case updates, deadline reminders, and the contact information of the CPSC staff handling their report.
This system is also now mobile-friendly, so users can submit reports and provide attachments via their smart phones or tablets. Businesses that participate in the Fast Track Recall Program will also review and approve a system-generated draft recall press release before submitting their report, to help expedite the overall recall process.
If you submit your section 15(b) report to the firstname.lastname@example.org email address, your email will be answered by a CPSC representative within 5 business days. You should save that email to confirm that CPSC received your report. Subsequently, a Compliance Officer will be assigned the case, and a reference number for the case will be provided to the submitter.
How will I know whether I have been accepted into the Fast Track Program?
When submitting your report through the new online Section 15(b) reporting system, now available at: www.saferproducts.gov/business, your business will receive an emailed copy of all information submitted to CPSC through the system, along with emailed case updates, deadline reminders, and the contact information of the CPSC staff handling your case. Your case will then be assigned to a Compliance Officer, who will indicate that your report will be processed as a Fast Track Recall case.
If submitting through the email@example.com mailbox, your case will be assigned to a Compliance Officer, who will indicate if your report will be processed as a Fast Track case.
Once I am accepted into the Fast Track Program, what should I expect?
Your point of contact at CPSC will guide you through the recall process. Participants who clearly identify a potential defect/hazard and can work quickly to recall a product have the best chance of being accepted in the Fast Track Recall Program.
Your Compliance point of contact will then notify you if your CAP has been accepted or if changes are necessary. You will also schedule posting of a press release or recall alert.
Your point of contact in Compliance will expect your company to move quickly to provide full and accurate information that is responsive to CPSC’s requests.
If I am not accepted into the Fast Track Program, what should I expect?
If you are not accepted into the Fast Track Recall Program, you will be contacted by the Team Lead for Fast Track with information about how to proceed. This generally happens when a business does not agree to conducting a voluntary recall of the product with CPSC or cannot agree to the terms and requirements of the Fast Track Recall Program. In addition, products that may violate mandatory standards administered by the CPSC are not handled through the Fast Track Recall Program.
Can a business be removed from the Fast Track Program?
On occasion, businesses can be removed from the Fast Track Recall Program. Some businesses ask to be removed from the program because they can no longer initiate a timely recall. In other cases, the business is removed from the Fast Track Recall Program at the discretion of staff, because the firm has failed to meet program requirements. Staff warns businesses before removing them from the Fast Track Recall Program and gives businesses every reasonable opportunity to participate in the program.
Why doesn’t every company participate in the Fast Track Program?
That’s a great question. We think that the program greatly benefits both consumers and businesses, by removing potentially hazardous products from the marketplace quickly and efficiently and minimizing uncertainty and risk for participating businesses.
However, some companies choose not to participate in the Fast Track Recall Program because they may not have made the decision to cooperate voluntarily with the CPSC on a potential corrective action; or they may not be able to move quickly enough to meet CPSC deadlines for participants.
CPSC is committed to accommodating all participants seeking to participate in good faith in the Fast Track Recall Program.