Laws and Regulations for Tequila
Tequila production is governed by Mexican federal
government regulations that define where it can be made, where its
agave can be grown, what can be put into a bottle, what has to be
stated on the label, where it can be bottled and how much of the
content must be made from what percentage of agave sugars.
In 1974, the Mexican Government issued a Declaration for
the Protection of the Appellation of Origin Tequila (DOT), stating that
because of its geographical origin, reputation and essential specific
qualities, "tequila" was to be considered a geographical appellation of
Mexico.
This meant Mexico both claimed the exclusive use of the word "tequila"
for the entire world, but also that only alcoholic beverages made with
Blue Agave, grown in the officially demarcated area within Mexico, and
made under the rules of the Official Mexican Standard of Tequila (NOM),
could be labeled as "tequila."
Mexico has secured the protection of tequila as an exclusive Mexican
product because it was a member of the World Trade Organization (WTO),
the Paris Convention for the Protection of Industrial Property and had
signed other international treaties to protect it products (NAFTA,
Europe Trade Agreement, etc.). "Tequila" belongs to Mexico and only to
Mexico.
The Mexican Government is the actual owner of the name
"tequila." Everyone who wants to produce tequila must obtain a permit
through the Mexican Institute of Industrial Property (IMPI). In simple
terms: you can't make an agave spirit anywhere else in the world and
call it tequila.
The Tequila Regulatory Council (CRT) was founded in
1994, under the initiative of the Chamber of Tequila Makers. It is a
private, non-profit organization. It has been accredited by the Mexican
Government to oversee and certify that the production, bottling and
labeling of tequila is done according to the Official Mexican Standard
of Tequila (NOM, see below). The CRT works with not only the tequila
producers, but also agave growers, bottlers, marketers, and
representatives of the Mexican Government.
The CRT has five different branches: verification, certification,
agricultural, quality control and administrative. The CRT employs a team
of well trained professionals who permanently conduct on-site
inspections to verify each step of the production of tequila.
The laws controlling the production of tequila have changed many
times since they were first written. The most recent law covering tequila is NOM-006-SCFI-2005. NOM
stands for Norma Official Mexico, the official set of rules to
standardize tequila production. The newest NOM updates and replaces all
previous NOMs, including 1994 and 1997.
OFFICIAL MEXICAN STANDARD FOR TEQUILA
NOM-006-SCFI-2005: ALCOHOLIC BEVERAGES – TEQUILA – SPECIFICATIONS
0 INTRODUCTION
This Official Mexican Standard relates to the Appellation of Origin of
“Tequila,” held by the Mexican government pursuant to the Industrial
Property Law. The issuance of this NOM is necessary, pursuant to point 2
of the General Declaration of Protection of the Appellation of Origin of
“Tequila,” published in the Official Gazette of Mexico on October 13,
1977 (hereinafter, the “Declaration”) and Article 40 Section XV of the
Federal Law on Metrology and Standardization.
1 PURPOSE
This NOM establishes the characteristics and specifications to be met by
those involved in the production chain, industry and trade of Tequila,
in accordance with the process defined below.
2 SCOPE OF APPLICATION
This NOM applies to all processes and activities related to the supply
of agave, production, bottling, marketing, information and business
practices linked to the distilled alcoholic beverage known as Tequila,
pursuant to the specifications of this NOM. Said beverage is subject to
the process detailed below, using Agave of the species tequilana weber
blue variety, grown in the federal states and municipalities indicated
in the Declaration.
Furthermore, this NOM establishes the technical specifications and legal
requirements for the protection of the Appellation of Origin of
“Tequila,” in accordance with the current General Declaration of
Protection of the Appellation of Origin of “Tequila,” the Law, the
Industrial Property Law, the Federal Consumer Protection Law and other
related legal provisions.
3 REFERENCES
In order to verify the specifications set forth in this NOM, the
Official Mexican Standards, Mexican Standards, specifications,
procedures and test methods currently in force, or those replacing them,
shall apply. Those are listed as follows:
3.1 Official Mexican Standards
NOM-030-SCFI-1993, Commercial information of quantity statement on
label- Specifications, published in the Official Gazette of Mexico on
October 29,1993.
NOM-106-SCFI-2000, Design characteristics and conditions for use of the
official countersign, published in the Official Gazette of Mexico on
February 2, 2001.
NOM-117-SSA1-1994 Goods and services - test methods for the
identification of cadmium, arsenic, lead, tin, copper, iron, zinc and
mercury in food and drinking water by spectometry of anatomic
absorption, published in the Official Gazette of Mexico on August
16,1995.
NOM-120-SSA1 Goods and services - hygiene and health practices for the
processing of foods, alcoholic and non-alcoholic beverages, published in
the Official Gazette of Mexico on August 28, 1995.
NOM-142-SSA1 Goods and services - alcoholic beverages - health
specifications. Health and commercial labeling, published in the
Official Gazette of Mexico on July 9, 1997.
NOM-127-SSA1-1994 Environmental Health, Water for use and human
consumption. Allowed limits for quality and treatments to which water
must be subjected to make it drinkable, published in the Official
Gazette of Mexico on January 18, 1996.
3.2 Mexican Standards
NMX-V-004-NORMEX-2005 Alcoholic Beverages - Determination of furfural.
Test methods, published in the Official Gazette of Mexico on June 23,
2005.
NMX-V-005-NORMEX-2005 Alcoholic Beverages- Determination of esters,
aldehydes, methanol and higher alcohols (fuel oils) – Test methods,
published in the Official Gazette of Mexico on June 23, 2005.
NMX-V-006-NORMEX-2005 Alcoholic beverages – determination of direct
reducing sugars and total sugars - Test methods, published in the
Official Gazette of Mexico on June 23, 2005.
NMX-V-013-NORMEX-2005 Alcoholic beverages - Determination of alcohol
content (percentage of alcohol by volume at 293 k(20°c)(% alc. vol.) -
Test methods, published in the Official Gazette of Mexico on June 23,
2005.
NMX-V-017-NORMEX-1995 Alcoholic beverages - Determination of dry extract
and ash - Test methods, published in the Official Gazette of Mexico on
June 23, 2005.
NMX-V-049-NORMEX-2004 Alcoholic beverages - Alcoholic beverages
containing tequila- Naming, labeling and specifications, published in
the Official Gazette of Mexico on May 21, 2004.
4 Definitions
For purposes of this NOM, the following definitions, in alphabetical
order (in Spanish) shall apply:
4.1 Mellowing
Procedure to soften the flavor of the Tequila, through the addition of
one or more of the following ingredients:
4.2 Agave
For purposes of this NOM, the plant from the Agavaceas family, with
long, fibrous, lanceolate leaves of a bluish color whose useable part in
the manufacture of Tequila is the heart or head.
The only species allowed for purposes of this NOM, is the tequilana
weber blue variety, grown and harvested within the territory specified
in the Declaration.
4.3 Good Manufacturing Practices
The set of guidelines and interrelated standards and procedures
intended to ensure that Tequila is consistently manufactured according
to its specifications.
4.4 Declaration
The General Declaration of Protection of the Appellation of Origin
of “Tequila,” published in the Official Gazette of Mexico on October 13,
1977 and its subsequent amendments and additions.
4.5 Agency
Any agency, pursuant to Article 26 of the Federal Public Administration
Law.
4.6 Distillation
It’s the separation of the components of a liquid mix by partial
steaming and recuperating of the steam and its residues; in other words,
it is the separation of a mix of substances, where the volatile ones are
separated or fractured from the non volatile substances. The alcoholic
distillation is based in that the ethylic alcohol, being lighter than
water, steams at a lower temperature than the boiling point of water.
The steam that rises can be condensed and converted into liquid with a
high alcohol content.
4.7 DGN
General Bureau of Standards of the Ministry of the Economy.
4.8 DOT
Appellation of Origin of Tequila.
4.9 Label
Any tag, insignia, inscription, image or other description or
graphical representation, whether printed, stamped, engraved, embossed,
placed by photogravure, stenciled or adhered to the product container or
packaging.
4.10 Bottling
It is the action of pouring or introducing any material or product
in the recipients that will contain it with the purpose of conserving
it, protecting its physical and chemical stability and marketing.
4.11 Container
Any new container or recipient destined to keep Tequila and to enter
in contact with it, conserving its physical, chemical, sensorial and
sanitary integrity.
4.12 Extraction
The mechanical, physical, chemical, biological procedure or
combination thereof that allows for the separation of the sugars or
carbohydrates of the agave.
4.13 Fermentation
The transformation of the sugars of vegetable origin into ethylic
alcohol and carbon dioxide, with the creation of other compounds that
will contribute to the final sensorial characteristics of Tequila.
4.14 Filtration
The process of separating the solid particles present in Tequila,
through a filtration agent.
4.15 Formulation
The stage previous to the fermentation, where the musts are prepared
to obtain adequate fermentation conditions and, depending on the case,
to comply with the 51% in mass of direct reducing sugars obtained from
the agave.
4.16 Hydrolysis
The chemical, thermal, enzymatic procedure or combination thereof,
that has the purpose of breaking the complex carbohydrates contained in
the agave, mainly the inuline, to obtain simple sugars suitable for
fermentation.
4.17 IMPI
The Mexican Industrial Property Institute.
4.18 Jima
Action that consists in removing the agave leaves from its heart.
4.19 Law
The Federal Law on Metrology and Standardization
4.20 Minimum and Maximum Limits
The quantity set in this NOM for which no tolerance is allowed.
4.21 Lot or Batch
The quantity of a product bottled during a single period of time to
ensure its identification.
4.22 Tequila Aging
The slow transformation that allows the product to acquire
additional sensorial characteristics, obtained through physical-chemical
processes that take place naturally while the product is resting in oak
or Encino oak (holm or holm oak) containers.
4.23 Maquila (Sub contracting)
Any activity concerning the manufacturing process of an authorized
producer that is sent to another authorized producer to be completed by
him or her.
4.24 Cold Mixing
They consist of adding or mixing any alcoholic beverage different to
Tequila during the manufacturing stages of Tequila, including the
finished product.
4.25 Musts
Sugary liquid, obtained from the extraction of the hydrolyzed agave
and added with other sugars, according to this NOM, ready to be
fermented.
4.26 NMX
Mexican Standard.
4.27 NOM
Official Mexican Standard.
4.28 Manufacturing Stages
The stages in the Tequila-making process during which the raw
materials undergo chemical, biochemical and physical changes until a
specific product is obtained in each stage. Said process includes the
following basic stages, among others: harvest or jima, hydrolysis,
extraction, formulation, fermentation, distillation, aging, as
applicable, filtration and bottling.
4.29 Conformity Assessment Body
The Regulatory Council or individual accredited and approved
pursuant to the Law to verify compliance with this NOM.
4.30 Authorized Producer
The individual or legal entity authorized by the DGN and the IMPI,
in accordance with their respective authority, to engage in the
manufacture of Tequila in facilities that must be located within the
territory specified in the Declaration. Such authorization is subject to
compliance with the provisions of this NOM and other applicable
regulations.
4.31 PROFECO
The Federal Consumer Protection Agency.
4.32 SE
The Ministry of the Economy.
4.33 Primary Display Panel
Area where the appellation of origin and product’s brand appear
according to NOM-030-SCFI (see chapter 3, References).
4.34 Tequila
The regional alcoholic beverage obtained by distilling musts,
prepared directly and originally from extracted material, in the
manufacturing facilities of an Authorized Producer, which must be
located in the territory specified in the Declaration, derived from the
hearts of tequilana weber blue variety Agave, previously or subsequently
hydrolyzed or cooked, and subjected to alcoholic fermentation with
cultivated or uncultivated yeasts, wherein said musts may be enhanced
and blended together before fermentation with other sugars up to a
proportion no greater than 49% of total reducing sugars expressed in
units of mass, pursuant to this Official Mexican Standard, and with the
understanding that cold mixing is not permitted. Tequila is a liquid
that, according to its type, is colorless or colored when aged in oak or
Encino oak(holm or holm oak) wood containers, or when mellowed without
aging.
Tequila may be enhanced by the addition of sweeteners, coloring,
aromatizers and/or flavorings permitted by the Ministry of Health in
order to provide or intensify its color, aroma and/or flavor.
Reference to the term “Tequila” in this NOM is understood to apply to
the two categories indicated in Chapter 5, except for express references
to “100% agave” Tequila.
4.34.1 Silver Tequila (Blanco)
A product whose commercial alcohol content must be adjusted by
dilution with water.
4.34.2 Gold Tequila (Joven or Oro)
A product that may be enhanced by mellowing and whose commercial
alcohol content must be adjusted by dilution with water.
The result of blending silver Tequila with aged and/or extra-aged
Tequila is considered gold Tequila.
4.34.3 Aged Tequila (Reposado)
A product which may be enhanced by mellowing, subject to an aging
process of at least two months in direct contact with the wood of
oak or Encino oak (holm or holm oak) containers. Its commercial
alcohol content must be adjusted by dilution with water, as
applicable.
The result of blending aged Tequila with extra-aged Tequila is
considered aged Tequila.
4.34.4 Extra-aged Tequila (Añejo)
A product that may be enhanced by mellowing, subject to an aging
process of at least one year in direct contact with the wood of oak
(holm or holm oak) or Encino oak containers with a maximum capacity
of 600 liters. Its commercial alcohol content must be adjusted by
dilution with water.
The result of blending extra-aged Tequila with ultra-aged Tequila is
considered extra-aged Tequila.
4.34.5 Ultra-aged Tequila (Extra Añejo)
A product that may be enhanced by mellowing, subject to an aging
process of at least three years, without specifying the aging time
in its label, in direct contact with the wood of oak (holm or holm
oak) or Encino oak containers with a maximum capacity of 600 liters.
Its commercial alcohol content must be adjusted by dilution water.
5 Classification
5.1 Categories
Tequila is classified in one of the following two categories, based on
the percentage of natural Agave sugars used it is production:
5.1.1 "100% agave"
Pursuant to Section 4.34 of this NOM, a product whose
fermentation may not be enhanced with sugars other than those
obtained from the tequilana weber blue variety Agave grown in the
territory specified in the Declaration. For the product to be
considered “100% agave” Tequila, it must be bottled in the bottling
plant controlled by the Authorized Producer, which must be located
within the territory specified in the Declaration.
This product must be labeled using one of the following statements:
“100% de agave,” “100% puro de agave,” “100% agave,” or “100% puro
agave,” to which the word “azul” [“blue”] may be added.
5.1.2 "Tequila"
The product defined in paragraph one of Section 4.34 of this NOM
whose musts may be enhanced and blended together prior to
fermentation with other sugars in a proportion not to exceed 49% of
total reducing sugars expressed in units of mass. This maximum
enhancement of up to 49% of total reducing sugars expressed in units
of mass may not be done with sugars from any species of Agave. The
51% of total reducing sugars expressed in units of mass may only be
enhanced with tequilana weber blue variety Agave grown in the
territory specified in the Declaration.
This product may be bottled in plants not belonging to an authorized
producer under strict compliance by the bottler of the conditions
set forth in Section 6.5.4.2 and other applicable provisions of this
NOM.
5.2 Classes
5.2.1 Based on the characteristics acquired in processes
subsequent to distillation, Tequila is classified as:
-
Blanco or Plata
-
Joven or Oro
-
Reposado
-
Añejo
-
Extra Añejo
5.2.2 For the international market, the
classifications referenced in the foregoing paragraphs may be replaced
by their translations into the applicable language, or by the following:
6 Specifications
6.1 Product Specifications
6.1.1 The product covered under this NOM shall comply with the
specifications set forth below:
TABLE 1- PHYSICAL-CHEMICAL SPECIFICATIONS FOR TEQUILA
|
Parameters |
Silver |
Tequila Gold |
Tequila Aged |
Tequila Extra Aged |
Tequila Ultra Aged |
Tequila Test Method based on
(1) |
|
MIN |
MAX |
MIN |
MAX |
MIN |
MAX |
MIN |
MAX |
MIN |
MAX |
|
Alcohol Content at 293 K (20°C)
(% Alc. Vol.) |
35 |
55 |
35 |
55 |
35 |
55 |
35 |
55 |
35 |
55 |
NMX-V-013-NORMEX |
|
Dry Extract
(g/l) |
0 |
0,30 |
0 |
5 |
0 |
5 |
0 |
5 |
0 |
5 |
NMX-V-017-NORMEX |
|
Values expressed in mg/100 ml of Absolute
(Anhydrous) Alcohol |
|
Higher Alcohols (alcohols with
molecular weight higher than ethyl alcohol or fusel oil) (E.g.
Amyl Alcohol) |
20 |
500 |
20 |
500 |
20 |
500 |
20 |
500 |
20 |
500 |
NMX-V-005-NORMEX |
|
Methanol (2) |
30 |
300 |
30 |
300 |
30 |
300 |
30 |
300 |
30 |
300 |
NMX-V-005-NORMEX |
|
Aldehydes (such as acetaldehyde) |
0 |
40 |
0 |
40 |
0 |
40 |
0 |
40 |
0 |
40 |
NMX-V-005-NORMEX |
|
Esters (such as ethyl acetate) |
2 |
200 |
2 |
200 |
2 |
250 |
2 |
250 |
2 |
250 |
NMX-V-005-NORMEX |
|
Furfural |
0
|
4 |
0 |
4 |
0 |
4 |
0 |
4 |
0 |
4 |
NMX-V-004-NORMEX |
|
(1) For details see Chapter 3.
(2) The minimum parameter may be reduced if the Tequila producer
demonstrates to the Conformity Assessment Body that the
reduction of methanol content by another process is viable.
|
6.1.1.1 When the tequilas defined in sections
4.34.1, 4.34.2, 4.34.3, 4.34.4, 4.34.5 are added with sweeteners,
coloring, aromatizers and/or flavorings permitted by the Ministry of
Health in order to provide or intensify their color, aroma and/or
flavor, the total reducing sugars shall have a maximum limit of 75 g/L,
according to the NMX-V-006-NORMEX and their dry extract shall have a
maximum limit of 85 g/L, according to the NMX-V-017-NORMEX (see chapter
3, References). For purposes of this paragraph, compliance with
Sub-section 11.1.c) is required.
6.1.2 If necessary to obtain the required commercial alcohol
content, potable, distilled or demineralized water shall be used for
dilution, according to NOM-127-SSA1 (see chapter 3, References).
6.1.3 For purposes of this NOM, the health specifications related
to heavy metals and metalloids contained in Official Mexican Standard
NOM-142-SSA1 (see Chapter 3 References) shall apply. Official Mexican
Standard NOM-117-SSA1 (see Chapter 3 References) shall be considered for
such purposes. Said specifications may be verified by the competent
authorities and, therefore, its certification, in terms of this NOM is
not required.
6.2 Agave Specifications
The Agave used as the raw material for Tequila production shall be
of the species tequilana weber blue variety, grown and harvested in the
territory specified in the Declaration and registered with the registry
indicated in point 6.5.1.1 of this NOM.
6.3 Other Sugars
The product covered under this NOM may be enhanced with other sugars
in the fermentation process up to a proportion not to exceed 49% of
total reducing sugars expressed in units of mass for the Tequila
referenced in Section 5.1.2; however, cold mixing is not permitted. This
maximum enhancement of up to 49% of total reducing sugars expressed in
units of mass may not be done with sugars from any species of Agave. The
51% of total reducing sugars expressed in units of mass may only be
enhanced with tequilana weber blue variety Agave grown in the territory
specified in the Declaration.
6.4 Aging
In the case of aged Tequila (reposado), the product shall be aged in
direct contact with the wood of oak or Encino oak (holm or hol oak)
containers for at least two months.
For extra-aged Tequila (añejo), the aging process shall last at least
one year in direct contact with the wood of oak or Encino oak (holm or
holm oak) containers with a maximum capacity of 600 liters.
For ultra-aged Tequila (extra añejo), the aging process shall last at
least three years in direct contact with the wood of oak or Encino oak (holm
or holm oak) containers with a maximum capacity of 600 liters.
The aging of the Tequila shall be performed by the Authorized Producer
within the territory specified in the Declaration.
6.5 Tequila Authenticity Specifications
6.5.1 Agave
The Agave used as the raw material for Tequila production shall meet
the requirements set forth below:
6.5.1.1 It shall be duly registered with the Plantation Property
Registry established for such purposes by the Conformity Assessment
Body. Registration shall be done within the first year of planting at
the latest.
This obligation shall be the responsibility of the producers or title
holders of tequilana weber blue variety Agave grown in the territory
specified in the Declaration who sell or plan to sell said agave to
Authorized producers.
The Authorized Producers shall be responsible for obtaining written
confirmation of registration from the individuals or legal entities from
whom they purchase or plan to purchase the tequilana weber blue variety
Agave grown in the territory specified in the Declaration.
The Plantation Property Registry shall also include the identification
of all Agave that has been committed by any legal means for use in the
production of Tequila. Registration of this identification with said
registry shall be the responsibility of the owner or title holder of the
Agave.
6.5.1.2 It shall be supervised by the Compliance Assessment Body
to confirm compliance with the requirements set forth in Sections 6.2,
6.5 and Sub-section 6.5.1.1.
6.5.2 Use of Sugars
6.5.2.1 The Tequila producer shall demonstrate, at all times,
that the product has not been adulterated in the manufacturing stages of
its production. To this end, the Authorized Tequila Producer shall
maintain updated records of at least the following documents:
a) Invoices or documents confirming the purchase of the raw
materials (Agave and other sugars).
b) Documents confirming raw material input and output.
c) Documents confirming the movement of the finished product.
d) Inventories of raw materials and finished product, including,
specifically, the finished product allocated to aging or bottling.
6.5.2.2. At no time may any product that does not contain Tequila
be distilled or produced in the Authorized Producer’s Tequila facility.
6.5.2.3 The verification of the provisions of this NOM shall be
undertaken by continuous inspections by the Conformity Assessment Body,
independent of any further confirmation by any competent Governmental
Agency.
6.5.3 Subcontracting in the Manufacturing Stages
Subcontracting of the manufacturing stages in facilities other than
those of the Authorized Producer, shall comply with the provisions of
Section 10.1 of this NOM, and said provisions shall be included in the
applicable subcontracting agreement.
Compliance with the provisions of this NOM is the joint responsibility
of the parties executing the subcontracting agreement. It is also their
responsibility to notify the Conformity Assessment Body about the
beginning of their operations at least three days before they start.
Subcontractors shall cover, as a minimum, the manufacturing stages of
hydrolysis, extraction, formulation, fermentation and distillation.
Therefore, the execution of those manufacturing stages in separate ways
is excluded.
6.5.4 Bottling
The Tequila bottler shall demonstrate, at all times, that the
product has not been adulterated between its bulk delivery and final
bottling. For such purposes, bottling activities shall be subject to the
following guidelines:
6.5.4.1 When dealing with the product belonging to the category
referred to in section 5.1 of this NOM, the product shall be aged and
bottled within the territory specified in the Declaration in the
bottling plant of the Authorized Producer. In the event that the
bottling plant is not located at the producer’s facilities, the bulk
transport of the product shall be supervised by the Conformity
Assessment Body, pursuant to the current procedures approved by the DGN.
The bottling plant is considered to be property of the Authorized
Producer when said Authorized Producer maintains complete control over
the bottling process.
6.5.4.2 The Tequila defined in Section 5.1.2 of this NOM may be
bottled in bottling plants that are not a property of an authorized
producer under the following conditions:
a) The bottler shall obtain a Certificate of Approval from the
Ministry, pursuant to the compliance assessment procedures issued by
the Ministry, which shall not replace the other certificates issued
pursuant to this Official Mexican Standard and its certification
procedures.
The Certificate of Approval shall be granted
provided that the Ministry has evidence that the Compliance
Assessment Body is provided with full access to perform onsite
inspections of the existence, working activities and operation of
the bottling plants.
b) The bottler who has obtained the Certificate of Approval from the
Ministry shall file quarterly reports with the Conformity Assessment
Body of all incoming and outgoing movements of Tequila at its
facilities, as well as its initial and final inventories for the
period, and any inventory shrinkage for the period reported. These
reports shall be broken down by specific brands for products bottled
as Tequila and generally for all brands handled by the bottler for
bottled products containing Tequila. The information shall be filed
with the Conformity Assessment Body electronically within the first
fifteen (15) calendar days of the following quarterly periods: First
Quarter - January through March, Second Quarter - April through
June, Third Quarter - July through September, Fourth Quarter -
October through December, in the form to be determined by the
Conformity Assessment Body.
c) Authorized Producers are responsible for:
(i) applying for the Certificate of Approval for
the bottler with the Ministry of the Economy.(ii) contributing to the submission of the
quarterly reports indicated in Sub-section b) above in due time
and form.
(iii) in the event of elements warranting an
onsite inspection in the opinion of the Conformity Assessment
Body, taking the measures necessary to ensure that the
Compliance Assessment Body has the access necessary to perform
such inspections.
In the event that the Conformity Assessment Body or the competent Agency
determines a breach of the obligations set forth in Section 6.5.4.2, it
shall not issue the Domestic Transport Certificate or Tequila Export
Certificate, as applicable, and the Ministry shall cancel the respective
bottler’s Certificate of Approval.
6.5.4.3 All bulk transport of Tequila shall be supervised by the
Conformity Assessment Body pursuant to the current procedures of the
Conformity Assessment Body approved by the DGN. The bottling process is
subject to inspection by lot by the Conformity Assessment Body.
The bulk transport of Tequila is not permitted outside the territory
specified in the Declaration for purposes other than those set forth in
Sections 6.5.4.2 and 12 of this Official Mexican Standard.
The bottler who is not an Authorized Producer may not use more than one
Tequila supplier per brand and per class of Tequila.
6.5.4.4 The bottler who is not an Authorized Producer may only
filter or dilute the Tequila with potable, distilled or demineralized
water to obtain the commercial alcohol content of the Tequila within the
parameters permitted under this NOM. Therefore, it may not age or mellow
the Tequila.
6.5.4.5 Tequila.
6.5.4.5 The bottler who is not an Authorized Producer may only
bottle the product that has been produced under the supervision of the
Conformity Assessment Body. To this end, it shall confirm that each lot
it receives has a certificate of compliance with this NOM.
6.5.4.6 The bottler shall not simultaneously bottle a product
other than Tequila in its facilities, unless it has clearly
differentiated bottling lines in the opinion of the Conformity
Assessment Body and obtains authorization from said Conformity
Assessment Body, with the due advanced notice prior to the startup date
of the simultaneous bottling of any product other than Tequila.
6.5.4.7 The bottler shall keep updated records of at least the
following documents:
a) Sales statements and invoices for Tequila and
bottling materials, including labels;
b) Comparative analytical tables of pre-sale physical-chemical
specifications, within the parameters specified in Section 6.1 of
this NOM;
c) Copies of Domestic Transport Certificate and Export Certificates,
as applicable, and
d) Original Certificate of Approval issued by the Ministry of the
Economy, if applicable.
6.5.4.8 To demonstrate that the Tequila has not been adulterated
during the bottling process, the comparisons of chromatographic areas
and peaks made at the bottling plant shall coincide with those obtained
at the Authorized Producer’s facility.
6.5.4.9 The Tequila shall be bottled in new sanitary containers,
according to the provisions of section 4.11.
The Tequila may be bottled in glass or polyethylene terephthalate (PET)
bottles and other containers pursuant to health provisions.
The capacity of each container may not exceed 5 liters and in no case
may bottles be used that bear a brand name that is not property of the
Authorized Producer or approved bottler pursuant to this NOM.
6.5.4.10 Compliance with the provisions of Section 6.5.4 and in
general, with any aspect related to this NOM as applied to bottling,
shall be confirmed by batch inspections to be conducted for such
purposes by the Conformity Assessment Body independent of further
confirmation by any competent Governmental Agency.
6.6 Presumption of Non-compliance.
Should any competent Governmental Agency or the Conformity Assessment
Body detect noncompliance with any provision of this NOM by any party
involved in the Tequila production chain, industry or trade, the
commission of an infraction shall be presumed.
The foregoing is without prejudice to the inspection authority of the
competent Governmental Agencies pursuant to other legal provisions.
6.7 Procedures with Authorities
Any individual or legal entity wishing to participate in the production
of Tequila shall apply to the DGN for authorization to produce Tequila,
and to the IMPI for authorization to use the DOT (appellation of
origin). These documents shall be required for the processing of the
Certificate of Product Compliance, pursuant to said agency’s current
procedures approved by the Ministry of the Economy.
7 Sampling
7.1 General Requirements
The application of the sampling plan described in this NOM, requires
Authorized Producers and bottlers to maintain continuous quality control
through their own infrastructure or though contracting the services of
conformity assessment agencies accredited and approved pursuant to the
Law, such as certification agencies, testing laboratories and/or
verification units.
7.2 Bulk Product
For bulk product contained in tank cars, tanker trucks or tanks, a
sample is taken of either homogenized Tequila or Tequila consisting of
approximately equal portions extracted from the lower, middle and upper
levels of the tank, with the understanding that the minimum volume
extracted shall be 3 liters. For product contained in barrels, the
sample taken shall consist of approximately equal portions extracted
from the number of barrels specified in Appendix A of this NOM, ensuring
that the total volume obtained is at least 3 liters.
After homogenization, each sample extracted shall be divided into 3
portions of approximately one liter each, bottled in containers duly
identified with labels signed by the interested parties, and sealed to
prevent their adulteration. These portions shall be distributed as
follows: two to the Compliance Assessment Body or, in the absence
thereof, to the DGN and one to the company visited. Of the two samples
held by the Conformity Assessment Body, one is analyzed and the other is
held for use in the event of third party intervention.
7.3 Smaller Containers
7.3.1 For product in smaller containers, each sample shall
consist of approximately equal portions taken from the number of
containers specified in Appendix B of this Official Mexican Standard,
ensuring that the total volume obtained is at least 3 liters.
When the number of sampled containers is insufficient to obtain the
minimum 3-liter requirement, as many containers as necessary to complete
said volume shall be sampled. The samples shall be processed pursuant to
the last paragraph of Section 7.2.
7.3.2 The selection of barrels or smaller containers for sampling
must be random.
8 Test Methods and Verification
Verification of compliance with the specifications set forth in this
NOM, shall take place as follows:
8.1 Product
The test methods contained in the NMX referred to in Chapter 3 of
this NOM shall be applied.
8.2 Aging
The Authorized Producer shall provide the Conformity Assessment Body
with evidence of the existence of containers and shall maintain controls
and continuous, numbered records of product placed in and removed from
such containers.
The containers in which aging takes place shall be sealed throughout the
entire process. The seals shall be placed and removed by the Compliance
Assessment Agency.
8.3 Dilution Water
The Compliance Assessment Body shall confirm the existence of
purification, distillation or demineralization equipment in operating
condition and the equipment usage log, as well as the use of the
potable, distilled or demineralized water. If applicable, it shall
verify the existence of purchase or supply invoices or bills for the
volumes of potable, distilled or demineralized water used.
8.4 Authenticity of the Tequila
8.4.1 Agave
The test methods determined by the Conformity Assessment Body and
approved by the Ministry to identify the species tequilana weber blue
variety shall be applied using general certification criteria issued
pursuant to the Law.
8.5 Continuous Verification
To assess compliance with Tequila authenticity requirements and all
processes and activities necessary for such purposes pursuant to this
NOM, Authorized Producers and approved bottlers of Tequila shall be
subject to a continuous verification procedure in the plant facilities
where the product is manufactured or bottled, respectively.
The Conformity Assessment Body shall develop a procedure that provides,
as a minimum, for continuous onsite verification of production or
bottling activities, during the entire time such activities take place.
The Ministry of the Economy and the various competent authorities shall
periodically verify compliance with this NOM by all parties involved in
the Tequila production chain, industry and trade.
Pursuant to the Law, the expenses incurred for the verification referred
to in this Section shall be borne by the individuals or legal entities
subject to such verification.
9 Quality Control
Pursuant to the Law, Authorized Producers and bottlers of Tequila shall
maintain quality control systems compatible with applicable standards
and good manufacturing processes according to the NOM-120-SSA1 (see
chapter 3, references). Furthermore, they shall systematically verify
compliance with the specifications contained in this NOM, using
sufficient and adequate laboratory equipment, as well as appropriate
test methods, maintaining statistical control of production and bottling
so as to objectively demonstrate compliance with said specifications.
10 Marketing
10.1 No individual or legal entity may produce, bottle or market
any Tequila whatsoever that is not certified by the Conformity
Assessment Body.
10.2 The bulk transfer of Tequila, may only be undertaken by
those individuals or legal entities who are Authorized Producers
pursuant to this NOM.
The country and buyer indicated on the Export Certificate issued for
such purposes by the Conformity Assessment Body shall match the
destination of the exported Tequila.
The Export Certificate shall be issued in the number of copies necessary
for filing with the competent Agencies and the authorities of other
countries where the Tequila is sent, and shall always accompany the
corresponding shipment.
10.3 The bulk transfer and receipt of Tequila shall be supervised
by the Conformity Assessment Body, which shall keep specific records of
such transactions.
10.4 All Tequila shall be identified with the Official
countersign pursuant to the current NOM-106-SCFI (see Chapter 3
References) and the registration of its respective Authorized Producer,
which is assigned by the DGN or the Conformity Assessment Body.
10.5 The Authorized Producer and approved bottler of Tequila
shall keep records of the number of liters produced and/or bottled
daily, specifying the brands under which the product is being marketed,
and shall make such records available to the Conformity Assessment Body.
10.5.1 In addition to the obligation of obtaining the certificate
set forth in Sub-section 6.5.4.2. a) of this NOM, approved bottlers
shall be registered with the “Bottler Registry” which shall identify
Tequila bottlers based on the legal registration granted by the country
where the bottling plant is located.
Said Registry shall be administered, controlled and supervised by the
Conformity Assessment Body and said Registry’s bottler registration
number shall be included on each Domestic Transport Certificate or
Export Certificate issued by the Conformity Assessment Body, as
applicable, for each lot to be certified.
In the case of the United Mexican States, the identification number
shall be the number of the Certificate of Approval issued by the
Ministry of the Economy. For other countries to which Tequila is
exported, the identification number shall be the number recognized by
the Ministry of the Economy.
10.5.2 Authorized Producers are jointly responsible with approved
bottlers of Tequila whose facilities are located outside the territory
specified in the Declaration, for providing the Conformity Assessment
Body with the information required under Section 6.5.4.2.
In the event that the Authorized Producer fails to contribute to
providing the information referred to in the foregoing paragraph, the
Conformity Assessment Body shall not issue Domestic Transport
Certificate or Export Certificates, as applicable, for those lots to be
sent to the approved bottler who fails to provide such information, and
shall issue a ruling of noncompliance for the corresponding legal
action.
10.5.3. Production facilities may not be used by more than one
Authorized Producer, nor may they be used simultaneously, alternatively
or in lieu of the Authorized Producer currently registered with the
Conformity Assessment Body.
10.6 The Conformity Assessment Body shall draft a bimonthly
report confirming those products that have been certified as meeting the
specifications of this Draft Official Mexican Standard, identifying them
by brand and Authorized Producer.
Furthermore, the Conformity Assessment Body shall report those products
for which, based on the inspections performed, it has detected breaches
of this NOM.
Said reports shall be sent to the DGN so that it may apply the
applicable sanctions pursuant to the Law.
Individuals or legal entities authorized to produce Tequila and use the
Appellation of Origin of Tequila shall comply with the provisions of
this NOM, the Law, the Industrial Property Law, the Federal Consumer
Protection Law and other applicable provisions.
10.7 In the event of attempted use of a brand other than the
brand of the Authorized Producer or when the Tequila is bottled by
someone other than the Authorized Producer, the joint responsibility
agreement, including the representations and clauses published by the
IMPI for such purposes in the Official Gazette of Mexico pursuant to
this Official Mexican Standard and Article 175 of the Industrial
Property Law, shall be filed with the IMPI for registration. The
proposed labels to be affixed to the bottles in which the Tequila in
question will be marketed in Mexico or abroad shall be attached to said
agreement.
10.8 The approved bottler shall comply with the labeling
requirements set forth in Chapter 11 of this NOM without prejudice to
compliance with the requirements imposed by the laws of the country to
which the product is exported, if applicable.
11 Commercial Information
11.1 Labeling
Each container shall bear a legible label containing the following
information in the Spanish language, which shall be truth and shall not
mislead the consumer with respect to the nature and characteristics of
the Tequila:
a) The word “Tequila”;
b) Category and class of the product, pursuant to Chapter 5 of this
NOM;
c) If applicable, the name of any added flavor or aroma;
d) Net content expressed in liters or milliliters, pursuant to
NOM-030-SCFI (see Chapter 3 References);
e) Alcohol content expressed as percentage of alcohol by volume at
20ºC, abbreviated as “% Alc. Vol.”;
f) Name or corporate name of the Authorized Producer or facility
where the Tequila is produced and, if applicable, the approved
bottler;
g) Domicile of the Authorized Producer or facility where the Tequila
is produced and, if applicabh) Name of the registered Trademark followed by the symbols ® or
“MR” ™;
i) The statement HECHO EN MÉXICO (MADE IN MEXICO), PRODUCTO DE
MÉXICO (PRODUCT OF MEXICO), ELABORADO EN MÉXICO (PRODUCED IN
MEXICO), or other similar statements;
j) Official countersign, pursuant to Official Mexican Standard
NOM-106-SCFI (see Chapter 3 References); -SCFI (see Chapter 3 References);
k) Lot or Batch: each container shall engraved or stamped with the
coded identification of the lot to which it belongs. The lot
identification provided by the Authorized Producer or approved
bottler may not be altered or hidden in any manner whatsoever;
l) The warning statements set forth in health legislation; and
m) Any information required by other legal provisions applicable to
alcoholic beverages.
11.2 Presentation of the Information
11.2.1 Domestic Market Requirements
As a minimum, the information specified in items a), b), c), d), e) and
h) of Section 11.1 shall appear on the primary display panel. The rest
of the information referred to in said Section shall appear and may be
included on any other part of the label or container.
11.2.2 For Export Products or PAs a minimum, the information specified in items a), b), c) and h) of
Section 11.1 shall appear on the primary display panel. The information
specified in items i), j) and k) of Section 11.1 shall appear and may be
included on any other part of the label or container. The information
specified in items b) (solely in reference to the class), c) and i) of Section 11.1 may be
translated into another language.
11.2.3 Language.
11.2.3 The commercial information shall be free of text, images
or other descriptions that mislead or confuse consumers due to their
inaccuracy, such as “100% natural,” “100% Mexican,” “100% natural
product,” “100% aged” or other similar statements.
Notwithstanding the foregoing, pursuant to the Law, when the data or
information contained on the labels, containers or packaging of the
products is inaccurate, the DGN may order corrective modifications to
such data or information, granting the Authorized Producer or approved
bottler the term strictly necessary to do so, with the understanding
that during said term, those products that the Authorized Producer
maintains in inventory or has in the distribution chain or point of
sale, may continue to be sold.
In terms of the previous paragraph, it shall be understood that the data
or information contained in the labels, containers or packages of the
products are inaccurate whenever they include the commercial information
required by this NOM in an imprecise or erroneous manner, without
expressing data or information that may mislead consumers with respect
to the properties of the products they buy.
12 Alcoholic Beverages Containing Tequila, Naming, Labeling and
Specifications
12.1 The production, bottling and marketing of alcoholic
beverages containing Tequila as an ingredient shall comply with
NMX-V-49-2004 NORMEX, Alcoholic Beverages. Alcoholic Beverages
Containing Tequila. Naming, Labeling and Specifications (see Chapter 3
References).
12.2 The application of methods of test for heavy metals or
metalloids contained in NOM-142-SSa1 are susceptible of being verified
by the competent authorities in terms of said NOM-142-SSA1 and they are
not included in the certification for the products listed in this
section 12.
13 Conformity Assessment
The assessment of compliance with this NOM at the request of an
interested party shall be undertaken exclusively by individuals
accredited, and if applicable, approved by the Ministry of the Economy,
to perform such assessment (Certification Bodies, Inspection Units and
Testing or Calibration Laboratories, as the case may be), in compliance
with the provisions of the policies and Procedures for the Conformity
Assessment – Certification and Verification Procedures of products
subjected to the compliance with the Official Mexican Standards
competence of the Ministry of Economy, (PECS) published in the Official
Gazette of Mexico on October 24, 1997.
Compliance or conformity assessment at the request of an interested
party may be obtained from the DGN, only in the absence of individuals
accredited, and if applicable, approved by the Ministry of the Economy.
Pursuant to the Law, the expenses of verifications arising from the
assessment of compliance with this NOM, whether ordinary or
extraordinary, continuous or additional, shall be borne by the
individuals or legal entities subject thereto.
14 Enforcement
The surveillance and enforcement of this NOM is competence of the
Ministry of Economy and the Federal Consumer Protection Agency,
according to its respective attributions.
15 Normative Appendixes
16 NORMATIVE APPENDIXES
APPENDIX A
|
BARREL SAMPLING |
|
Number of barrels with Tequila of the same
category and class |
Number of barrels due for sampling
|
|
Up to 50 |
2
|
|
Between 51 and 500
|
3
|
|
Between 501 and 35,000 |
5
|
APPENDIX B
|
SMALL CONTAINERS SAMPLING |
|
Number of bottles of Tequila of the same
category and class |
Number of bottles due for sampling
|
|
For exports, if the volume of
the batch is 60 liters or less and does not exceed a maximum
of 5 boxes, no samples are required as long as this
transaction does not happen twice in a period of 3 months
and to the same client. |
| Up to 150 |
3 |
|
Between 151 and 1,200
|
5
|
|
Between 1,201 and 25,000 |
8
|
| More than 25,000 |
13 |
Sources
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