Here is a easy to understand document relating to procedures to meet the federal regulations for any specific individual motorcycle manufacturer.
http://www.nhtsa.gov/cars/rules/maninfo/mcpkg002.pdf

There are civil penalties for not complying. No more then $1,100.00 per violation and as much $925,000.00 for a series of violations.

Civil penalties are not criminal, so it is up to the NHSTA as how they handle infractions, the NHSTA will likely issue a order to stop selling and meet compliance. If thwarted then NHSTA can file a civil case and go after the manufacture for fines and damages.

Here is the thing; having a system in place to track recalls is the same as having a system to manage after sales support. So coding and tracking actually makes the manufacturer more organized and in that more efficient.