Reading time: 6 minutes. Mexican rule for product labeling update also impacts other products than food, but there are options to comply with the norm.

The Ministry of Economy of Mexico determined a modification to the annex of the Official Mexican Standards (NOM) applicable to the law of general import and export taxes, in which the goods subject to compliance must be classified according to the NOMs since the point of entry into the country.

The update went into effect on October 1st.

The change to the rule determines that it will no longer be allowed to import goods subject to the NOMs using non-commercialization or “under protest of telling the truth” letters.

It also clarifies that the goods meant to be commercialized on the border region must comply with the corresponding regulations before the customs authority upon their entry into the country.

The modification affected products that must comply with labeling standards, regardless of the use or purpose for which the import is carried out.

At Europartners Group, we work to be more than a supplier: we want to be your strategic partner in logistics. Under this modus operandi, it is extremely important for us to keep you informed of new government rules that affect our joint operations.

Types of products included in the labeling rule

The products included in the list below have a series of labeling requirements for their import and commercialization in Mexico:

• Textiles, clothing, their accessories and homeware clothes
• Natural tanned hides and skins and synthetic materials, footwear
• Electronic, electrical and household appliances
• Retardant materials, fire inhibitors
• Natural extract of vanilla, derivatives and substitutes
• Paints, inks, varnishes, lacquers and enamels
• Pre-packaged tuna and bonito
• Prepackaged food and non-alcoholic beverages
• Alcoholic beverages
• Toys
• Prepackaged cosmetics
• Household cleaning
• Dough, tortillas, toasts for its preparation

Options to comply with the labeling rule when importing products

There are three alternatives:

1. Labeling from the origin

In this case, the merchandise already arrives in Mexico labeled with the corresponding NOM and it is reviewed by the customs authority. To speed the process, the goods may be accompanied by a certificate issued by an Accredited Verification Unit (UVA).

2. Labeling in a fiscal warehouse inside the Mexican territory

Other option is labeling imported goods in a General Deposit Warehouse (AGD) approved as UVA.

In this case, you must attach a copy of the contract with the AGD to the import request (A4), indicating:

• Name
• Address of the warehouse where the goods will be stored and labelled
• RFC
• Warehouse accreditation key
• The contract identification number

3. Labeling at a domestic address inside the Mexican territory

To exercise this option, your company must…

• …be registered and active in the list of importers, for more than two years.
• …have imported USD 100,000 in merchandise during the 12 months prior to the date of the operation.
• …hire a UVA that will verify if the labeling complies with the rule.
• …attach a copy of the contract with the UVA to the import request, indicating the:
  • Contract identification number.
  • UVA identification code.
  • Scheduled verification date.
  • Proof of the address where the merchandise is located.

Labeling must be completed within a maximum period of 30 calendar days after the merchandise enters Mexico.

Exceptions to the rule

• Companies participating in the government program for the promotion of the Manufacturing, Maquiladora and Export Service Industry (IMMEX)
• Importers that benefit from a Sector Promotion Program (PROSEC)
• Merchandise destined for:
  • fiscal warehouse
  • strategic fiscal area
  • merchandise in transit

Updates to NOM 51.

What does it say now?

The norm brings specific details regarding commercial information on prepackaged food and non-alcoholic beverages.

This type of product must show stamps in black and white,

in accordance with the characteristics stipulated in this NOM.

The products must not display:

• Characters
• Animations
• Cartoons
• Pets
• Celebrities
• Athletes
• Interactive elements

Food and beverage must not advertise:

• nutritional properties
• healthy properties

Companies must include in the labeling system:

Cautionary captions in capital letters advising of caffeine and sweetener content in those products.

Do you need advisory to comply with the labeling rule updates or any other customs details? Contact us. We are ready to be your strategic partner in logistics.