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Selling beer, wine and spirits in Mexico

In Mexico, alcoholic drinks contain 2% to 55% alcohol by volume and fall under the General Health Law. NOM-142-SSA1/SCFI-2014 sets their sanitary specifications and labelling, in Spanish, with the warning "EL ABUSO EN EL CONSUMO DE ESTE PRODUCTO ES NOCIVO PARA LA SALUD" and pictograms on minors, pregnancy and drink-driving. Product NOMs cover tequila and mezcal.

Updated · Each section links to the official source it comes from

Definition
2% to 55% alcohol by volume (Article 217)
Main NOM
NOM-142-SSA1/SCFI-2014, DOF 23 March 2015
Health warning
Required on the container, sized by volume
Pictograms
Under 18s, pregnancy and driving
Importer
Name and tax address on the label
Sales to minors
Prohibited (Article 220)

Before a product goes on sale

The questions to answer, in the order they usually come up.

  1. 1Is it an alcoholic drink under the General Health Law, and does a product NOM such as tequila or mezcal apply? Read more
  2. 2What does the label show, and in which language? Read more
  3. 3Does it carry the warning and pictograms at the right size? Read more
  4. 4Does it need an ingredients list with allergens? Read more
  5. 5Are the production and sales records kept for the time required? Read more
  6. 6How does it come into Mexico, and how may it be advertised? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

Advertising permit

Advertising alcoholic drinks needs a COFEPRIS permit.

  • Advertising of health-regulated products is governed by the Regulation of the General Health Law on Advertising (Reglamento de la Ley General de Salud en Materia de Publicidad), under articles 300 and 301 of the General Health Law.
  • COFEPRIS lists alcoholic drinks among the products whose advertising needs an advertising permit (Permiso de Publicidad, COFEPRIS-02-001).
  • The permit is filed in person on form FF-COFEPRIS-13, carries a fee under article 195 of the Federal Law of Duties, and COFEPRIS answers within seven working days.

How we help: Compliant Always keeps the advertising permit with the campaign and product it covers, dated, and sets the advertising copy beside it. Ask about this

What counts as an alcoholic drink

The legal definition and the NOMs that apply.

  • Alcoholic drinks are those containing ethyl alcohol from 2% up to 55% by volume; anything stronger may not be sold as a drink (Article 217, General Health Law).
  • NOM-142-SSA1/SCFI-2014 (Bebidas alcohólicas. Especificaciones sanitarias. Etiquetado sanitario y comercial) sets sanitary specifications and sanitary and commercial labelling for alcoholic drinks sold in Mexico; it binds those who process or import them, and does not apply to exports.
  • Product NOMs of the Secretaría de Economía set specifications for particular drinks, among them NOM-006-SCFI-2012 for tequila, NOM-070-SCFI-2016 for mezcal and NOM-199-SCFI-2017 on names, specifications and commercial information for alcoholic drinks.

How we help: Compliant Always records which NOMs apply to each drink and keeps the evidence for each one with the product. Ask about this

Labelling under NOM-142

What the label shows, and where.

  • The principal display panel shows at least the generic name, the alcohol content, the brand and the quantity (9.1.4).
  • The mandatory information is in Spanish, and may also appear in other languages (9.2.1).
  • The label gives the name and tax address of the party responsible; for imports, the importer's name and tax address, which may be added in Mexico before sale (9.3.2).
  • Country of origin, a lot code preceded by "LOTE", "L" or a similar indication, and a best-before date where required are shown (9.3.3 to 9.3.5).
  • Alcohol content is given as a percentage by volume at 20 °C, using "% Alc. Vol." or an equivalent abbreviation (9.3.6).
  • Prepared drinks, liqueurs and creams, and drinks that use optional ingredients or additives after distillation or before bottling, list ingredients; gluten cereals, egg, peanut, soy, milk, tree nuts and sulphite at 10 mg/kg or more are always declared (9.3.7.1).

How we help: Compliant Always sets your label beside each clause of NOM-142, so a missing importer address or lot prefix shows up before the goods ship. Ask about this

Health warning and pictograms

The warning and symbols every alcoholic drink carries.

  • Every alcoholic drink carries "el abuso en el consumo de este producto es nocivo para la salud" on its container (Article 218, General Health Law).
  • NOM-142 sets it in capitals, condensed Helvetica, contrasting with the background, with a minimum letter height from 1.5 mm up to 50 mL to 7.0 mm above 4,000 mL, and 3 mm of clear space around it (9.3.7.2.1).
  • Labels carry the symbols for no consumption by under-18s, by pregnant women, or when driving; low-alcohol drinks carry only the symbol set for them (9.3.7.2.4).
  • On crates and cartons that reach the consumer, the warning appears on the top and sides in letters of at least 4 mm, and the symbols larger than on the label (9.3.7.2.3 and 9.3.7.2.5).

How we help: Compliant Always checks the warning height against the container volume and records the label version that carries it. Ask about this

Authenticity records

The documents a producer keeps to show the drink has not been adulterated.

  • The producer must be able to show that the product was not adulterated in production, bottling or distribution (6.1).
  • It keeps up-to-date invoices for raw materials, records of raw material movements, records of finished product and work in progress, and inventories, including product maturing or being bottled (6.1.1 to 6.1.4).
  • These are kept for at least one and a half times the product's shelf life, or at least 2 years (6.1.5).

How we help: Compliant Always keeps those records with the product and lot, dated, and shows which are due to be kept and for how long. Ask about this

Import, sale and advertising

How alcoholic drinks come into Mexico, who may buy them, and what advertising may say.

  • Alcoholic drinks are under sanitary control for processing, import and export (Article 194).
  • The importer must be domiciled in Mexico, and the Secretary of Health may require prior import authorisation for products named by agreement in the DOF (Articles 285 and 286).
  • Alcoholic drinks may not be sold or supplied to minors in any case (Article 220).
  • Advertising is limited to information on characteristics, quality and production; it may not show them as bringing well-being or health, may not address minors, may not feature people under 25, and must show the legends of Article 218 (Article 308).

How we help: Compliant Always keeps the import documents with each shipment and sets your marketing copy beside Article 308. Ask about this

Who answers for what

WhoWhat they answer forHow we help
ProducerSpecifications, authenticity records and the label, under NOM-142.Records and lab reports kept by lot, with the time each must be held.
BrandLabel content, warnings and advertising.Labels and copy checked against NOM-142 and Article 308.
ImporterBeing domiciled in Mexico, its name and tax address on the label, and the import documents.Supplier documents read and dated before the goods arrive.
RetailerNot selling to minors, and selling only correctly labelled products.The documents for each product, ready when asked.

Federal rules and the states

Product rules in Mexico are federal: the General Health Law, the Federal Consumer Protection Law and the Normas Oficiales Mexicanas apply across the national territory.

Health surveillance is shared. Under the General Health Law, a notice of operation (aviso de funcionamiento) goes to the Secretaría de Salud or to the government of the state (entidad federativa), and several sanitary NOMs are enforced by COFEPRIS and the state governments together.

Questions businesses ask

Which NOM regulates alcohol labelling in Mexico?
NOM-142-SSA1/SCFI-2014, published in the DOF on 23 March 2015, sets sanitary specifications and sanitary and commercial labelling for alcoholic drinks sold in Mexico.
What warning must an alcoholic drink carry in Mexico?
"EL ABUSO EN EL CONSUMO DE ESTE PRODUCTO ES NOCIVO PARA LA SALUD", in capitals and contrasting colour, at a minimum height set by the container volume (Article 218, General Health Law; NOM-142, 9.3.7.2.1).
Which pictograms are required on alcohol labels?
Symbols for no consumption by people under 18, by pregnant women, and when driving. Low-alcohol drinks carry only the symbol NOM-142 sets for them.
Must alcohol labels be in Spanish?
Yes. NOM-142 requires the mandatory information in Spanish, and it may also be given in other languages (9.2.1).
Does an imported wine need the importer's details on the label?
Yes. The label gives the importer's name and tax address, which may be added in Mexico before sale (NOM-142, 9.3.2.2).
Do alcoholic drinks need an ingredients list in Mexico?
Prepared drinks, liqueurs and creams, and drinks using optional ingredients or additives after distillation or before bottling, do. Allergens such as gluten cereals, milk and sulphite at 10 mg/kg or more are always declared.
What is the maximum alcohol strength for a drink in Mexico?
55% by volume. Anything stronger may not be sold as a drink (Article 217, General Health Law).
How long must production records be kept?
At least one and a half times the product's shelf life, or at least 2 years (NOM-142, 6.1.5).
Are tequila and mezcal covered by their own NOMs?
Yes. NOM-006-SCFI-2012 sets specifications for tequila and NOM-070-SCFI-2016 for mezcal, alongside NOM-142.
What limits apply to alcohol advertising in Mexico?
It may only inform on characteristics, quality and production, may not suggest health or well-being, may not address minors or feature people under 25, and must show the health warning (Article 308).
Do I need a permit to advertise alcohol in Mexico?
Yes. COFEPRIS lists alcoholic drinks among the products whose advertising needs an advertising permit (COFEPRIS-02-001), filed in person on form FF-COFEPRIS-13, with a fee and a reply within seven working days.
How does Compliant Always help with selling in Mexico?
Our team reads the rules for the markets you sell in, including the Normas Oficiales Mexicanas and COFEPRIS requirements. Compliant Always shows which apply to your product, keeps the documents behind each one ready, and watches the sources for changes. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

Tell us what you make, and we will show you the rules for it.

Name the product and the markets you sell in. We will come back to you with what applies in Mexico and what your paperwork needs to show.

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