The US Foreign Agricultural Service (FAS) reports that on October 1, 2020 Mexico modified its Acuerdo on the Foreign Trade Law to comply with its new Front-of-Package Labeling law (FOPL) that also went into effect on October 1. Provisions that previously exempted certain imported goods have been eliminated.
The modifications change 14 Mexican Official Standards (NOM in Spanish) regarding Commercial Information. The purpose of the Acuerdo is to regulate import operations at the points of entry, and to establish compliance standards regarding commercial information so that product labels inform the Mexican consumer about possible health risks and general wellbeing associated with the product.
The Acuerdo entered into force on October 1, 2020, the same day that the first implementation phase of NOM-051—which modifies FOPL standards—began. NOM-051 applies to processed foods and non-alcoholic beverages that contain critical nutrients that can cause a risk of certain health conditions. require shipments of food products previously exempted from labeling to immediately comply with the new labeling law by removing exemptions for:
- Imported goods that would not be sold to the public in the form in which they were imported.
- Imported goods to be used directly by a company, and that will not be subject to commercialization.
- Products destined to remain in the border area or regions of Mexico.
- Products imported by a corporation or person who carries out marketing activities and provides restaurant, hotel, leisure, cultural, recreational, sports, educational services, research, medical and social assistance
All products within those categories—including foodservice products—must now comply with the new labeling standard.
Compliance
The FAS recommends that exporters work closely with their importers, distributers, and customs agents to determine what products will be impacted by this change and how to comply with the most current regulations. In addition, FAS recommends referencing the Servicio Nacional de Informacion Comercio Exterior (SNICE) website, which provides information on the labeling regulation, to which products it applies, and how companies can comply.
The options for Mexican importers to comply are:
- A certificate called constancia—a document that is issued to producers, manufacturers, importers, traders or service providers as a result of the evaluation of conformity to a label—which is proof of compliance, noncompliance, or that the product is not subject to compliance with the requirements established in the standard NOM-051.
- NOM compliance at a Fiscal General Warehouse where a verification unit approved by the Ministry of Economy may determine the compliance of the labels of processed foods and non-alcoholic beverages subject to the FOP labeling.
- NOM compliance at the importer’s warehouse where a verification unit approved by the Ministry of Economy may determine the compliance of the labels of processed foods and non-alcoholic beverages subject to the FOP labeling.
