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Mexican Official Standard NOM-006-SCFI-2012, Alcoholic beverages-Tequila-Specifications

This Mexican Official Standard refers to the Appellation of Origin "Tequila", whose ownership corresponds to the Mexican State under the terms of the Industrial Property Law

In the margin a seal with the National Coat of Arms, which reads: United Mexican States - Ministry of Economy.

MEXICAN OFFICIAL NORM NOM-006-SCFI-2012, ALCOHOLIC BEVERAGES-TEQUILA-SPECIFICATIONS.

CHRISTIAN TUREGANO ROLDAN, General Director of Standards and President of the National Consultative Committee for Standardization of User Safety, Commercial Information and Trade Practices (CCNNSUICPC), based on Articles 34 sections II, XIII and XXXI of the Organic Law of the Federal Public Administration; 39 section V, 40 sections I, XII and XV, 46, 47 section IV of the Federal Law on Metrology and Standardization, and 19 sections I, XIV and XV of the Internal Regulations of this Secretariat, and

CONSIDERING

That it is the responsibility of the Federal Government to procure the necessary measures to guarantee that the products that are marketed in national territory contain the necessary requirements in order to guarantee the aspects of safety and commercial information to achieve effective consumer protection;

That on May 24, 2012, the National Consultative Committee for Standardization of User Safety, Commercial Information and Trade Practices, approved the publication of the Draft Mexican Official Standard PROY-NOM-006-SCFI-2012, Alcoholic Beverages-Tequila-Specifications, which was made in the Official Journal of the Federation on June 15, 2012, in order for interested parties to submit their comments;

That the Manifestation of Regulatory Impact referred to in Article 45 of the Federal Law on Metrology and Standardization, was submitted to the consideration of the Federal Commission for Regulatory Improvement, issuing the final approving opinion by said Commission on October 22, 2012;

That during the period of 60 calendar days from the date of publication of said draft Mexican Official Standard, the Regulatory Impact Statement referred to in Article 45 of the Federal Law on Metrology and Standardization was available to the general public for consultation; and that within the same period, interested parties submitted comments, in accordance with the Federal Law on Metrology and Standardization, on the content of said draft Mexican Official Standard, whereby the relevant amendments were made;

That on September 28, 2012, the National Consultative Committee on Standardization for User Safety, Commercial Information and Trade Practices, unanimously approved the Official Mexican Standard NOM-006-SCFI-2012, Alcoholic Beverages-Tequila-Specifications;

That the Federal Law on Metrology and Standardization establishes that the Mexican Official Standards are constituted as the ideal instrument for the protection of consumer interests, issues the following: Official Mexican Standard NOM-006-SCFI-2012, Alcoholic beverages-Tequila-Specifications.

Mexico City, October 29, 2012.- The General Director of Standards and President of the National Advisory Committee for Standardization of User Safety, Commercial Information and Trade Practices, Christian Turégano Roldán.- Rubric.

MEXICAN OFFICIAL STANDARD NOM-006-SCFI-2012, ALCOHOLIC BEVERAGES-TEQUILA-SPECIFICATIONS

PREFACE

The following companies and institutions participated in the preparation of this Mexican Official Standard:

- CAMARA NACIONAL DE LA INDUSTRIA TEQUILERA (CNIT) (NATIONAL TEQUILA INDUSTRY CHAMBER).

- TEQUILA REGULATORY COUNCIL A.C. (CRT)

- AGAVE PRODUCERS' COUNCIL (CONSEJO DE PRODUCTORES DE AGAVE)

- AGAVE FARMERS' COUNCIL

- MINISTRY OF THE ECONOMY. General Directorate of Standards (DGN)

- FEDERAL CONSUMER PROTECTION AGENCY (PROFECO)

1) Destilados La Ideal, S.A. de C.V.

2) Dr. Patricia Colunga. GM. Professor-Researcher C. Center for Scientific Research of Yucatan. National Researcher SNI 2. Member of the Mexican Academy of Sciences. Member of the Agavaceae Network (SINAREFI-SAGARPA).

       Catarina Illsley G. Environmental Studies Group GEA. Kleinhans Fellowship for work with agaves.

       Alejandro Calvillo. Director. El Poder del Consumidor AC. Member of Consumers International.

       David Suro-Piñera. President. Tequila Interchange Project.

       *Note: to the comments issued jointly by Dr. Patricia Colunga, Catarina Illsley G., Alejandro Calvillo and David Suro-Piñera, lists containing a total of 372 adherents to such comments were attached, which for space reasons it is not possible to reproduce; however, they are available in the files of the General Directorate of Standards of the SE.

3) Dr. María Teresa Pulido Silva.

4) Olmo Uribe Aguirre.

5) Producers of Artisanal and Traditional Mezcal of Zapotitlán de Vadillo and Tolimán, Jalisco.

6) La Madrileña, S.A. de C.V.

7) Antonio Benavides Rosales.

8) Distilled Spirits Council of the United States, Inc.

9) Technical Committee for Standardization of the CRT.

10) Heriberto de León Frausto "Tequila SAUZA, S. de R.L. de C.V.".

11) Luis Fernando Vázquez Olivera.

12) Destilerías Sierra Unidas, S.A. de C.V.

13) Destiladora Gonzalez Gonzalez, S.A. de C.V.".

14) Ana Mendoza.

15) Tequilas del Señor S.A. de C.V.

16) Consejo de Agricultores de Agave Azul Tequilana Weber del Estado de Jalisco, A.C.

17) Regulatory Monitor.

18) Come Presidents' Forum of the Beverage Alcohol Industry.

19) David Félix Ramírez Lozano.

20) Xiomara Trujillo Gutiérrez, SOS Mascots and Environmental Rescue, A.C.

INDEX

Chapter

0.    Introduction

1. Objective

2.    Scope of application

3.    References

4.    Definitions and abbreviations

5.    Classification

6.    Specifications

7.    Sampling

8.    Test methods

9.    Quality control

10.   Marketing

11.   Commercial information

12.   Alcoholic beverages containing tequila, denomination, labeling and specifications.

13.   Conformity assessment

14.   Surveillance

15.   Appendices

16.   Bibliography

17.   Concordance with international standards

       Transitional provisions

0. Introduction

This Mexican Official Standard refers to the Appellation of Origin "Tequila", whose ownership corresponds to the Mexican State under the terms of the Industrial Property Law. The issuance of this standard is necessary in accordance with point 2 of the General Declaration of Protection to the Appellation of Origin "Tequila", published in the Official Gazette of the Federation on October 13, 1977 (hereinafter referred to as "the Declaration") and with sections II, XII and XV of Article 40 of the Federal Law on Metrology and Standardization.

1. Objective

This Mexican Official Standard establishes the characteristics and specifications to be met by all members of the Tequila production, industrial and commercial chain, according to the process described below.

2. Scope of application

This standard applies to all processes and activities related to the supply of agave of the tequilana weber blue variety, production, packaging, commercialization, information and commercial practices related to the distilled alcoholic beverage called Tequila, according to the specifications of this NOM. This beverage is subject to the process detailed below, with Agave of the tequilana weber blue variety species, grown in the states and municipalities indicated in the Declaration.

Likewise, this NOM establishes the technical specifications and legal requirements to be complied with to protect the Appellation of Origin "Tequila" in accordance with the General Declaration of Protection to the Appellation of Origin "Tequila" in force, the LFMN, the Industrial Property Law, the Federal Consumer Protection Law and other related legal provisions in force.

3. References

For the verification of the specifications established in this NOM, the Mexican Official Standards and Mexican Standards in force or those that replace them, as mentioned below, shall be applied:

3.1 Mexican Official Standards

  • NOM-030-SCFI-2006, Commercial quantity information on the label-Specifications, published in the Official Journal of the Federation on November 6, 2006.
  • NOM-106-SCFI-2000, Design characteristics and conditions of use of the official password, published in the Official Gazette of the Federation on February 2, 2001.
  • NOM-127-SSA1-1994, Environmental Health, water for human use and consumption. Permissible quality limits and treatments to which water must be subjected for its potabilization, published in the Diario Oficial de la Federación on January 18, 1996.
  • NOM-142-SSA1-1995, Goods and services-Alcoholic beverages-Sanitary specifications-Sanitary and commercial labeling, published in the Official Gazette of the Federation on July 9, 1997.
  • NOM-251-SSA1-2009, Hygiene practices for the processing of food, beverages or food supplements, published in the Official Journal of the Federation on March 1, 2010.

3.2 Mexican Standards

  • NMX-V-004-NORMEX-2005, Alcoholic beverages - Determination of furfural - Test methods (test). Declaratory published in the Official Gazette of the Federation on June 23, 2005.
  • NMX-V-005-NORMEX-2005, Alcoholic beverages-Determination of aldehydes, esters, methanol and higher alcohols-Test methods (test). Declaration of validity published in the Official Gazette of the Federation on June 23, 2005.
  • NMX-V-006-NORMEX-2005, Alcoholic beverages-Determination of direct and total reducing sugars-Test methods (test). Declaration of validity published in the Official Gazette of the Federation on June 23, 2005.
  • NMX-V-013-NORMEX-2005, Alcoholic beverages-Determination of alcoholic content (percent alcohol by volume at 293 K) (20 ºC) (% Alc. Vol.)-Test methods (test). Declaration of validity published in the Official Gazette of the Federation on June 23, 2005.
  • NMX-V-017-NORMEX-2005, Alcoholic beverages-Determination of dry extract and ash-Test methods (test). Declaration of validity published in the Official Gazette of the Federation on June 23, 2005.
  • NMX-V-049-NORMEX-2004, Alcoholic beverages-Alcoholic beverages containing Tequila-Denomination, labeling and specifications. Statement of effectiveness published in the Official Gazette of the Federation on May 21, 2004.
  • NMX-V-050-NORMEX-2010, Alcoholic beverages-Determination of metals such as Copper (Cu), Lead (Pb), Arsenic (As), Zinc (Zn), Iron (Fe), Calcium (Ca), Mercury (Hg), Cadmium (Cd), by atomic absorption-Test methods (test). Declaration of validity published in the Official Gazette of the Federation on February 22, 2011.

4. Definitions and abbreviations

For the purposes of this standard, the following definitions are established in alphabetical order:

4.1 Abocado

Procedure to soften the flavor of Tequila, through the addition of one or more of the following ingredients:

- Caramel color

- Natural oak or oak extract

- Glycerin

- Sugar-based syrup

4.2 Agave of the species tequilana weber blue variety

For the purposes of this standard, the plant of the Agavaceae family, with long, fibrous, lanceolate, bluish leaves, whose usable part for the production of Tequila is the pineapple or head.

4.3 Good practices

A set of interrelated quality guidelines and procedures aimed at ensuring that Tequila is consistently produced within its specifications. These guidelines are contained in NOM-251-SSA1-2009.

4.4 CAE

Tequila Bottlers Approval Certificate. 

4.5 Declaration

General Declaration of Protection of the Appellation of Origin "Tequila", published in the Official Gazette of the Federation on October 13, 1977 and its subsequent amendments and additions.

4.6 Agency

Any agency, in terms of Article 26 of the Organic Law of the Federal Public Administration.

4.7 Distillation

The separation of the constituents of a liquid mixture by partial vaporization of the mixture and recovery of the vapors and residues; i.e., the separation of a mixture of substances where the volatile substances are fractionated from a non-volatile residue. Alcoholic distillation is based on the fact that ethyl alcohol, being lighter than water, vaporizes at a temperature lower than the boiling point of water, the vapors that rise can be condensed and converted to liquid form with a high alcohol content.

4.8 DGN

Dirección General de Normas de la Secretaría de Economía.

4.9 DOT

Denomination of Origin "Tequila".

4.10 Label

Any label, tag, label, inscription, image or other descriptive or graphic form, written, printed, stencilled, marked, engraved in high or low relief, attached or superimposed on the container of the product.

4.11 Packaging

The action of introducing or placing any material or product in the containers that are to contain it for the purpose of preserving it, protecting its physical and chemical stability and marketing it.

4.12 Packaging

Any new container intended to contain Tequila and that comes into contact with it, preserving its physical, chemical, sensory and sanitary integrity.

4.13 Approved Bottler

It is the individual or legal entity different from the Tequila producer that has been approved by the SE to carry out the bottling of Tequila, according to what is established in point 6.5.4.2. of this standard.

4.14 Extraction

Mechanical, physical, chemical, biological or combination of the above procedures that allows the separation of sugars or carbohydrates from the agave.

4.15 Fermentation

The transformation of sugars of vegetable origin into ethyl alcohol and carbon dioxide, with the formation of other compounds that contribute to the final sensory characteristics of Tequila.

4.16 Filtration

Process of separation of solid particles present in Tequila, through a filtering medium.

4.17 Formulation

Stage prior to the fermentation process where the musts are prepared to have adequate fermentation conditions and, if necessary, to comply with the 51% mass content of reducing sugars from the agave.

4.18 Hydrolysis

Chemical, thermal, enzymatic or a combination of the above, with the purpose of splitting the carbohydrates, mainly inulin, present in agave, to obtain simple sugars suitable for fermentation.

4.19 IMPI

Mexican Institute of Industrial Property.

4.20 Jima

Process of separating the agave plant from the substrate that supports it, through a transversal cut at the base of the plant, and the elimination of the leaves by pruning, to obtain the so-called piña or head, formed by the stem and the bases of the inserted leaves.

4.21 LFMN

Federal Law on Metrology and Standardization published in the Official Journal of the Federation on July 1, 1992, as subsequently amended.

4.22 Minimum and maximum limits

Minimum quantity and maximum quantity fixed in this standard for which there is no tolerance.

4.23 Lot

Quantity of a product packaged in the same period of time to ensure its identification.

4.24 Tequila maturation

Slow transformation of the product that allows it to acquire additional sensory characteristics, obtained by physicochemical processes that naturally take place during its permanence in oak or oak wood containers.

4.25 Maquila

Any activity concerning the productive process of an Authorized Producer that is sent to another Authorized Producer to be carried out.

4.26 Cold blending

Consists of adding or mixing any alcoholic product other than Tequila, in the unitary operations of the Tequila production process including the finished product.

4.27 Must

Sweetened liquid, coming from the extraction of hydrolyzed agave and, if applicable, with the addition of other sugars according to this standard, ready for the fermentation process.

4.28 NMX

Mexican standard.

4.29 NOM

Official Mexican standard.

4.30 Unit operations

These are the stages of the Tequila production process, in which the raw materials undergo chemical, biochemical and physical changes until a specific product is obtained in each stage. Among others, there are the following basic stages of the process: jima, hydrolysis, extraction, formulation, fermentation, distillation, maturation and, if applicable, filtration and bottling.

4.31 Conformity Assessment Body

It is the Tequila Regulatory Council or an accredited and approved legal entity, in terms of the provisions of the LFMN, to verify compliance with this standard.

4.32 Authorized Producer

It is the individual or legal entity authorized by the DGN and IMPI, according to their respective attributions, to engage in the production of Tequila.

4.32 Authorized Producer Is the individual or legal entity that has authorization from the DGN and IMPI, according to their respective attributions to engage in the production of Tequila within their facilities, which must be located in the territory included in the Declaration.

Such authorization is subject to compliance with the provisions of section 10.2 of this rule and other applicable regulations.

4.33 PROFECO

Federal Consumer Protection Agency.

4.34 SE

Ministry of Economy.

4.35 Main display area

That area where the product name and trademark are located, according to NOM-030-SCFI-2006 or the one that replaces it (see chapter 3, References).

4.36 Tequila

Regional alcoholic beverage obtained by distillation of musts, directly and originally prepared from the extracted material, in the factory facilities of an Authorized Producer, which must be located in the territory covered by the Declaration, derived from the heads of Agave of the species tequilana weber blue variety, previously or subsequently hydrolyzed or cooked, and subjected to alcoholic fermentation with yeasts, cultivated or not, being the musts susceptible to be enriched and mixed jointly in the formulation with other sugars up to a proportion not greater than 49% of total reducing sugars expressed in mass units, in the terms established in the present norm and in the understanding that cold mixtures are not allowed. Tequila is a liquid that can have color, when it is matured, abocado, or added of a specific color.

Tequila can be added sweeteners, colorants, flavorings and/or flavorings allowed by the Ministry of Health, in order to provide or intensify its color, aroma and/or flavor.

When reference is made in this standard to the term "Tequila", it is understood that it applies to the two categories indicated in chapter 5, unless there is express mention of "100% agave" Tequila.

4.36.1 White or silver tequila

Transparent product, not necessarily colorless, with no abocante, obtained from distillation by adding only dilution water and the provisions of numeral 6.1.1.1 in the appropriate cases to adjust the required commercial graduation, being able to have a maturation of less than two months in oak or oak containers.

4.36.2 Young or Gold Tequila

Product resulting from the mixture of white Tequila with rested and/or aged and/or extra aged Tequilas.

It is also called young or gold Tequila the product resulting from the mixture of white Tequila with any of the ingredients foreseen in numeral 4.1, which is known as "abocamiento".


4.36.3 Tequila reposado

Product susceptible of being abocado, subject to a maturation process of at least two months in direct contact with the wood of oak or holm oak containers. Its commercial alcoholic content must, if necessary, be adjusted with dilution water.

The result of blends of rested Tequila with aged or extra aged Tequila, is considered as rested Tequila.

4.36.4 Aged Tequila

Product susceptible to be distilled, subject to a maturation process of at least one year in direct contact with the wood of oak or holm oak containers, whose maximum capacity is 600 liters, its commercial alcoholic content must, in its case, be adjusted with dilution water.

The result of blends of aged Tequila with extra aged Tequila is considered as aged Tequila.

4.36.5 Tequila extra añejo

Product susceptible of being abocado, subject to a maturation process of at least three years, in direct contact with the wood of oak or holm oak containers, whose maximum capacity is 600 liters, its commercial alcoholic content must, in its case, be adjusted with dilution water.

5. Classification

5.1 Categories

According to the percentage of sugars coming from the Agave used in the production of Tequila, it can be classified in one of the following categories:

5.1.1 "100% Agave".

This is the product, in accordance with section 4.36 of this standard, which is not enriched with sugars other than those obtained from Agave of the species tequilana weber blue variety grown in the territory covered by the Declaration. For this product to be considered as "100% agave tequila" it must be bottled in the plant controlled by the Authorized Producer himself, which must be located within the territory covered by the Declaration.

This product must be denominated only through one of the following legends: "100% agave", "100% pure agave", "100% agave", or "100% pure agave", at the end of which the word "blue" may be added.

5.1.2 "Tequila".

Is the product, in accordance with clause 4.36 of this standard, in which the musts are susceptible of being enriched and mixed together in the formulation with other sugars up to a proportion of no more than 49% of total reducing sugars expressed in mass units. This maximum enrichment of up to 49% of total reducing sugars expressed in mass units must not be made with sugars from any species of agave. Only 51% of total reducing sugars expressed in mass units may be increased with total reducing sugars from Agave of the species tequilana weber blue variety grown in the territory covered by the Declaration.

This product may be bottled in plants other than an Authorized Producer, as long as the bottlers comply with the conditions established in section 6.5.4.2 and other applicable provisions of this standard.

5.2 Classes

5.2.1 According to the characteristics acquired in processes subsequent to distillation, Tequila is classified in one of the following classes:

- White or Silver.

- Young or Gold.

- Reposado.

- Añejo.

- Extra Añejo.

Whose definitions are located in sections 4.36.1, 4.36.2, 4.36.3, 4.36.4 and 4.36.5.

5.2.2 For the international market, the classification mentioned in the previous paragraph may be replaced by the translation into the corresponding language according to the regulations of the country or place of marketing, or by the following:

- "Silver" instead of White or Silver.

- Gold" instead of Young or Gold.

- Aged" instead of Reposado.

- Extra aged" instead of Añejo.

- Ultra aged" instead of Extra aged.

6. Specifications

6.1 Product

6.1.1 The product covered by this standard shall comply with the specifications given below:

Tequila must comply with the specifications indicated in the NOM

6.1.1.1 When Tequilas defined in clauses 4.36.1, 4.36.2, 4.36.3, 4.36.4, 4.36.4 and 4.36. 5 are added sweeteners, colorants, flavorings and/or flavorings allowed by the Secretariat of Health, in order to provide or intensify its color, aroma and/or flavor, they can have a maximum of 75 g/L of sugars or total reducing sugars according to NMX-V-006-NORMEX and 85 g/L of dry extract according to NMX-V-017-NORMEX (see chapter 3, References). For what is established in this paragraph, the provisions of paragraph c) of section 11.1 of this NOM must be complied with.

The use of any of the flavoring agents referred to in point 4.1 of this standard must not exceed 1% in relation to the total weight of Tequila before bottling. The producer shall keep the corresponding records of the raw material used.

6.1.2 If necessary, to obtain the required commercial alcohol content, potable, distilled or demineralized water must be used as dilution water, according to NOM-127-SSA1 (see chapter 3, References).

6.1.3 For the purposes of this standard, the sanitary specifications related to heavy metals and metalloids contained in NOM-142-SSA1 (see chapter 3, References) are applicable, for which NMX-V-050-NORMEX-2010 (see chapter 3, References) should be taken into consideration.

These specifications are subject to verification by the Competent Authorities and therefore their certification, in terms of this standard, is not mandatory.

6.2 Agave

The Agave used as raw material for the elaboration of Tequila must be of the species tequilana weber blue variety, have been cultivated in the territory included in the Declaration and be registered in the registry mentioned in section 6.5.1.1 of this standard.

6.3 Other sugars

The product covered by this standard may be enriched with other sugars in the formulation process up to a proportion of no more than 49% of total reducing sugars expressed in mass units in the case of Tequila referred to in section 5.1.2, without allowing cold mixtures. This maximum enrichment of up to 49% of total reducing sugars expressed in mass units is not allowed with sugars from any Agave species. Only 51% of total reducing sugars expressed in mass units may be increased with total reducing sugars from Agave species tequilana weber blue variety grown in the territory covered by the Declaration.

6.4 Maturation

In the case of reposado Tequila, the product must be matured in direct contact with the wood of oak or holm oak containers for at least two months.

For aged Tequila, the maturation process must last at least one year in direct contact with the wood of oak or holm oak containers with a maximum capacity of 600 liters.

For Tequila extra añejo, the maturation process must last at least three years in direct contact with the wood of oak or holm oak containers, with a maximum capacity of 600 liters.

Tequila must be matured by the Authorized Producer within the territory covered by the Declaration.

6.5 Specifications regarding the authenticity of Tequila

6.5.1 Agave

Agave of the species tequilana weber blue variety used as raw material for the production of Tequila must comply with the following requirements:

6.5.1.1 Be duly registered in the Predios Planting Registry installed for such purposes by the Conformity Assessment Body. The registration must be made at the latest during the calendar year of its planting. The Conformity Assessment Body must verify the veracity of the registered information, at no additional cost to the owner or holder of the Agave.

The owner or holder of the agave of the species tequilana weber blue variety, must update or ratify annually, during the first 6 months of the calendar year, its registration record of plantations and properties of agave of the species tequilana weber blue variety, stating the condition of its registration data and the changes, if any, in its inventory of agave of the species tequilana weber blue variety corresponding to the agave.

tequilana weber blue variety corresponding to the immediately preceding year.

This obligation is the responsibility of the producers or holders of the Agave of the species tequilana weber blue variety cultivated in the territory included in the Declaration that they alienate or intend to alienate to Authorized Producers.

The Authorized Producer is responsible for obtaining from the natural or legal persons from whom they acquire or intend to acquire the Agave of the species tequilana weber blue variety, cultivated in the territory included in the Declaration, the proof of its inscription in the mentioned registry.

The Registry of Plantation of Predios, in addition will include the identification of all Agave of the species tequilana weber blue variety that has been committed through any legal figure, to be used in the manufacture of Tequila. The registration of this identification in such registry is the responsibility of the owner or holder of the Agave.

6.5.1.2 Tequilana weber blue variety agave must be supervised by the Conformity Assessment Body to verify compliance with the requirements stated in paragraphs 6.2 and 6.5.1.1 of this NOM.

6.5.1.3 The Conformity Assessment Body shall annually verify or ratify the due compliance with the provisions of the second paragraph of 6.5.1.1 above.

6.5.2 Use of sugars

6.5.2.1 The Tequila producer must prove at all times that the product has not been adulterated during its production. Therefore, the Authorized Tequila Producer must keep an updated record of at least the following documents:

a) Invoices or documents that prove the acquisition of raw materials (Agave and other sugars).

b) Documents that prove the inputs and outputs of raw materials.

c) Documents that prove the movement of finished product and product in process.

d) Inventories of raw materials and finished product, including specifically those undergoing maturation or packaging processes.

6.5.2.2 At no time any alcoholic product not containing Tequila shall be distilled or processed at the Authorized Producer's Tequila factory.

6.5.2.3 Verification of what is established in this standard is done through permanent inspection by the Conformity Assessment Body, independently that it may be corroborated by any competent Agency.

6.5.3 Manufacturing

6.5.3.1 Maquila in Unit Operations

Maquila activities in unitary operations should only be carried out between Authorized Producers, according to the provisions of section 10.1 of this NOM, and invariably include these provisions in the corresponding maquila contract.

It is the co-responsibility of the parties signing the maquila contract to comply with the requirements set forth in this NOM, as well as to submit a notice to the Conformity Assessment Body, at least three calendar days in advance.

Maquilas must include, as a minimum, the unitary operations of hydrolysis, extraction, formulation, fermentation and distillation; therefore, maquilas are excluded from such unitary operations separately.

6.5.4 Bottling

The Tequila bottler must demonstrate, at all times, that the product has not been adulterated from its delivery or reception in bulk until its final bottling. For such purposes, the bottling activity is subject to the following guidelines:

6.5.4.1 In the case of the category referred to in subsection 5.1.1 of this standard, the product must be matured and packaged within the territory covered by the Declaration at the packaging plant of the Authorized Producer. In case the packaging plant is not located on the factory premises, the bulk transfer of the product must be supervised by the Conformity Assessment Body according to the procedures of the Authorized Producer.

Conformity Assessment Body, according to the procedures in force approved by the DGN. The packaging plant is considered to be the Authorized Producer's when the Authorized Producer maintains full control of the packaging process.

6.5.4.2 Tequila defined in paragraph 5.1.2 of this standard, may be bottled in bottling plants outside an Authorized Producer when the following requirements are met:

a) Producer and bottler must obtain from the DGN the CAE, in accordance with the procedure registered in the Federal Registry of Procedures and Services, identified with the homoclave: "SE-04-017 Certificate of Approval of Tequila Bottlers", or the one that replaces it.

The CAE is granted as long as the SE has the evidence that the Conformity Assessment Body is provided with all the facilities to carry out on-site verifications of the existence, functioning and operation of the bottling plants.

b) The bottling plant to which the SE has issued the CAE, must report on a quarterly basis to the Conformity Assessment Body, all the movements of Tequila in and out of its facilities, its initial and final inventories of the period, as well as the wastes of the reported period. These reports must be detailed by specific brands, volume and lot number in the case of products bottled as Tequila and for products where Tequila is used as an ingredient, the bottler must state in the reports the exact amount of Tequila incorporated to the product, specifying brand and final product.

The information must be sent to the Conformity Assessment Body by electronic means within the first fifteen (15) calendar days after the following quarterly periods: First: from January to March; Second: from April to June; Third: from July to September; Fourth: from October to December, in the format determined by the Conformity Assessment Body.

c) The Authorized Producers are responsible for:

(i) Processing the Packer's Certificate of Approval before the SE;

(ii) To contribute to the delivery in due time and form of the quarterly reports mentioned in subsection b) above;

(iii) Carry out the corresponding procedures before the approved packer so that the Conformity Assessment Body has the necessary facilities to carry out inspections, in case there are elements that in the opinion of the Conformity Assessment Body merit an on-site inspection.

In case the Conformity Assessment Body or the competent Agency determines a noncompliance with the obligations contained in this subsection 6.5.4.2, it shall not issue the Tequila National Movement or Export Certificate, as applicable, and the SE shall cancel the corresponding CAE.

6.5.4.3 All bulk shipments of Tequila must be supervised by the Conformity Assessment Body according to the procedures in force of such Body approved by the DGN. The bottling process is subject to verification by lot by the Conformity Assessment Body.

It is not allowed to transfer Tequila in bulk out of the territory included in the Declaration for purposes other than those foreseen in paragraphs 6.5.4.2 and 12 of this NOM.

The bottler who is not an Authorized Producer shall not use more than one Tequila supplier per Tequila brand.

6.5.4.4 The bottler who is not an Authorized Producer may only filter and dilute it with potable, distilled or demineralized water to obtain the commercial alcoholic content of Tequila within the parameters allowed in this standard. Therefore, it may not be matured or boiled.

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. For this reason, the packer must ensure that each shipment received has a certificate of compliance with this NOM.

6.5.4.6 Bottler shall not bottle simultaneously products other than Tequila in its facilities, unless it has clearly differentiated bottling lines according to the Conformity Assessment Body's judgment and authorization is obtained from such Body, with due anticipation to the start date of the simultaneous bottling process of any product other than Tequila.

6.5.4.7 The packer must keep an updated record of at least the following documents:

(a) Remittance notes or invoices for the purchase and sale of Tequila and packaging materials, including labels;

b) Analysis report of physicochemical specifications prior to commercialization, with the parameters allowed in clause 6.1 of this standard;

c) Copy of the National Movement or Export Certificates, as applicable; and,

d) Original of the Certificate of Approval issued by the SE, if applicable.

6.5.4.8 To demonstrate that Tequila has not suffered adulterations during the bottling process, the chromatographic analysis performed during the sampling at the bottling plant must coincide with the analysis performed at the Authorized Producer's factory. The above criterion is also applicable to guarantee the traceability and authenticity of the product sampled in trade by the competent authority.

6.5.4.9 Tequila must be bottled in new sanitary type containers, according to the provisions of paragraph 4.11.

Tequila must be bottled in glass or polyethylene terephthalate (PET) bottles and others according to sanitary regulations.

The capacity of each container shall not exceed 5 liters and in no case shall be used containers with brands that are not property of the Authorized Producer or approved bottler under the terms of this standard.

6.5.4.10 Verification of compliance with the provisions of subsection 6.5.4 and, in general, of any aspect related to this NOM that applies to the packaging activity, is carried out by means of a batch inspection carried out by the Conformity Assessment Body for such purposes, regardless of the fact that it may be corroborated by any competent agency.

6.6 Presumption of non-compliance

If any competent Authority or the Conformity Assessment Body detects non-compliance with any provision contained in this standard, by any member of the Tequila production, industrial or commercial chain, it shall proceed to the application of measures of constraint, precautionary measures and, as the case may be, the corresponding penalties in accordance with the applicable legislation.

6.7 Authorizations

Any individual or legal entity that wishes to engage in the production of Tequila must request to the DGN the authorization to produce Tequila, in accordance with the procedure registered in the Federal Registry of Procedures and Services, identified with the homoclave: "SE-04-018 Authorization to produce Tequila and/or 100% Agave Tequila", or the one that replaces it and to the IMPI the authorization for the use of the DOT. These documents will be indispensable to process the Certificate of Conformity with this NOM.

7. Sampling

7.1 General requirements

The application of the sampling plan described in this standard requires Authorized Producers and packers to carry out a permanent quality control through their own infrastructure or by contracting the services of conformity assessment agencies accredited and approved in terms of the LFMN, such as certification agencies, testing laboratories and/or verification units.

7.2 Bulk product

From the bulk product contained in tanks, containers, tank wagons, pipes or pipons, a sample of Tequila is taken, either homogenized or made up of approximately equal portions, extracted from the lower, middle and upper levels, in the understanding that the volume extracted must not be less than 3 liters. In the case of the product contained in barrels, a sample must be taken from approximately equal portions, extracted from the number of barrels specified in Appendix A of this NOM, in such a way that a total volume of not less than 3 liters is obtained.

Each extracted sample, previously homogenized, must be divided into 3 portions of approximately one liter each, which must be packed in a container duly identified with a label signed by the interested parties, and must be closed in such a way as to guarantee its inviolability. These

These portions are distributed as follows: two for the Conformity Assessment Body or, in its absence, for the DGN and one for the visited company. Of the two samples in the possession of the Conformity Assessment Body, one is analyzed and the other remains in custody to be used in case of a third party.

7.3 Small packages

7.3.1 For product in smaller containers, each sample should be composed of the set of approximately equal portions, taken at random from the number of containers specified in Appendix B of this NOM, in such a way that a total volume of not less than 3 liters is obtained.

When the number of containers sampled is insufficient to meet the minimum 3 liters required, as many containers as necessary shall be sampled to complete this volume. Samples should be taken in accordance with the last paragraph of 7.2.

7.3.2 The selection of the barrels or smaller containers to extract the sample portions must be made at random.

8. Test methods

Verification of compliance with the specifications established in this standard is carried out as follows:

8.1 Product

The test methods (test) contained in the NMX referred to in chapter 3 of this standard must be applied.

8.2 Ripening

The Authorized Producer must accredit to the Conformity Assessment Body the existence of containers and keep consecutive controls and records of the product entering and extracting from these containers.

The containers in which it is carried out must be sealed during the whole time of the process. The seals are imposed and lifted by the Conformity Assessment Body.

8.3 Dilution Water

The Conformity Assessment Body must verify the existence of the potabilization, distillation or demineralization equipment in operating conditions and of the logbook of use of the equipment and destination of the potable, distilled or demineralized water. If applicable, the existence of invoices or proof of purchase or supply of the volumes of potable, distilled or demineralized water used must be verified.

8.4 Authenticity of Tequila

8.4.1 Verification of the species Agave Tequilana Weber Blue variety

For the verification of the species Agave Tequilana Weber Blue variety, the test methods determined by the Conformity Assessment Body shall be used through general certification criteria issued in terms of the LFMN, which must be approved by the SE to identify the Agave of the species tequilana weber blue variety.

8.5 Permanent verification

In order to evaluate the conformity of the authenticity of Tequila and all the processes and activities necessary for such purpose according to this NOM, it is necessary that Authorized Producers and approved bottlers of the beverage of the same name undergo a permanent verification procedure at the plant facilities where the product is produced or bottled, respectively.

The Conformity Assessment Body must develop a procedure that foresees, at least, the on-site verification of the production and/or packaging activities, during all the time they are carried out, in an uninterrupted manner.

The SE and the various competent authorities may periodically verify the compliance with this standard by all members of the

compliance with this standard by all the members of the productive, industrial and commercial chain of Tequila.

In accordance with the provisions of the LFMN, the expenses generated by the verification referred to in this paragraph shall be borne by the individuals or legal entities to which the verification is made.

9. Quality control

In accordance with the LFMN, the Authorized Producer and the approved Tequila bottler must maintain quality control systems compatible with applicable standards and good manufacturing practices according to NOM-251-SSA1-2009 (see chapter 3, References). Likewise, they must systematically verify compliance with the specifications contained in this NOM, using sufficient and adequate laboratory equipment, as well as the appropriate test methods, keeping a statistical control of production and bottling that objectively demonstrates compliance with such specifications.

10. Marketing

10.1 No individual or legal entity shall produce, bottle or market any Tequila that is not certified by the Conformity Assessment Body.

10.2 Tequila Producer shall obtain from DGN the authorization to produce Tequila and/or 100% Tequila, according to the procedure registered in the Federal Registry of Procedures and Services, identified with the homoclave: "SE-04-018 Authorization to produce Tequila and/or 100% Agave Tequila", or the one that replaces it, which shall be subject to compliance with this NOM and other applicable regulations.

Tequila bulk disposal must only be carried out by those individuals or legal entities that are Authorized Producers under the terms of this NOM, in the understanding that the sale, bottling, commercialization or distribution of tequila in bulk cannot be carried out through vending machines, notwithstanding the provisions of the Competent Authorities.

The country and buyer expressed in the Export Certificate issued for such purposes by the Conformity Assessment Body must coincide with the destination of the exported Tequila.

The export certificate must be issued in the number of copies necessary to be presented to the competent agencies and authorities of other countries to which the Tequila is destined, and always accompany the corresponding shipment.

10.3 The transfer of Tequila in bulk and its reception must be supervised by the Conformity Assessment Body, which records it in a specific register.

10.4 All Tequila must be identified with the Official Password under the terms of NOM-106-SCFI in force (see chapter 3, References) and the Authorized Producer's registration that accompanies the Official Password, registration that is assigned by the DGN or by the Conformity Assessment Body.

10.5 The Authorized Producer and the approved bottler of Tequila must keep and make available to the Conformity Assessment Body records of the number of liters produced and/or bottled daily, specifying under which brands the product is being marketed.

10.5.1 In addition to the obligation to obtain the CAE provided in subsection 6.5.4.2, paragraph a) of this standard, the approved bottler must be registered in the "Bottlers' Register" where Tequila bottlers are identified based on the legal registrations granted by the country where their bottling plant is established.

Such Register must be prepared, managed, controlled and supervised by the Conformity Assessment Body and the bottler's registration number before such Register must be included in each National Transfer or Export Certificate issued by the Conformity Assessment Body, as the case may be, for each lot to be certified. The identification number shall be the one recognized by the SE, for which the Conformity Assessment Body shall inform the SE every six months of the identification numbers assigned.

10.5.2 The Authorized Producer is co-responsible with the approved bottler of Tequila to deliver to the Conformity Assessment Body the information required in subsection 6.5.4.2.

In case the Authorized Producer does not cooperate to provide the information mentioned in the previous paragraph, the Conformity Assessment Body shall not issue National Transfer Certificates or Export Certificates as applicable for those lots destined to the approved bottler that omits such information, and shall issue the respective non-compliance report, for the corresponding legal actions.

10.5.3 The production facilities must not be used by more than one Authorized Producer, neither simultaneously, nor alternatively, nor

10.5.3 The production facilities shall not be used by more than one Authorized Producer, neither simultaneously, nor alternatively, nor in place of the Authorized Producer with registration in force before the Conformity Assessment Body. In the understanding that no other product (bottled or in bulk) different from the tequila produced in the facilities of the tequila producing company must be stored. Unless it obtains authorization from the Conformity Assessment Body and is notified to the DGN.

10.6 The Conformity Assessment Body must prepare a bimonthly report stating those certified products, identifying them by brand and name of the Authorized Producer that comply with the specifications established in this NOM.

Likewise, the Conformity Assessment Body must report on those products that, according to the verifications carried out, are found to violate the provisions of this standard.

The reports must be sent to the DGN so that it can apply the corresponding sanctions according to the LFMN.

Individuals or legal entities authorized to produce Tequila and to use the Appellation of Origin Tequila, must comply with the provisions set forth in this standard, the LFMN, the Industrial Property Law, the Federal Consumer Protection Law and other applicable provisions.

10.7 When a trademark of which the Authorized Producer is the owner or beneficiary is intended to be used in Tequila, it must be registered.

In case a trademark or any other distinctive sign is intended to be used in Tequila in accordance with the applicable legislation, norms or regulations, in the place of commercialization, different from those of which the Authorized Producer is the owner or beneficiary, or that the tequila is bottled by a person different from the authorized producer, the co-responsibility agreement must be submitted for registration before IMPI in accordance with this rule and the Industrial Property Law.

10.8 Tequila bottler must comply with the labeling requirements contained in chapter 11 of this NOM, regardless of compliance with the requirements imposed by the laws of the country to which it is exported, if applicable.

11. Commercial information

11.1 Marking and labeling

Each container must bear a legible label containing the following information in Spanish language, which must be truthful and not mislead the consumer regarding the nature and characteristics of Tequila:

(a) The word "Tequila";

b) Category and class to which it belongs, according to Chapter 5 of this standard;

c) In the case of tequilas referred to in section 6.1.1 of this standard, the name of the flavor or flavors, added aromas or that which predominates in the product; the name of the color, if any, shall also be declared;

d) Net content expressed in liters or milliliters, according to NOM-030-SCFI (see chapter 3, References);

e) The alcoholic content expressed in percent alcohol by volume at 20 ºC, which should be abbreviated "% Alc. Vol;

f) Name or company name of the Authorized Producer or of the factory where the Tequila is produced and, if applicable, of the approved bottler;

g) Address of the Authorized Producer or of the factory where the Tequila is produced and, if applicable, of the approved bottler;

h) Name of the registered Trademark or any other distinctive sign according to the legislation, norms or regulations applicable in the place of commercialization, according to the co-responsibility agreement registered at IMPI;

i) The legend "Made in Mexico"; "Product of Mexico"; "Made in Mexico", or other similar ones;

j) Official password, according to NOM-106-SCFI (see chapter 3, References); accompanied by the registration number of the Authorized Producer mentioned in section 10.4 of this NOM;

k) Batch: each package must be engraved or marked with the identification of the batch to which it belongs, with an indication in code. The lot identification incorporated by the Authorized Producer or approved packer must not be altered or hidden in any way;

l) The precautionary legends established in the sanitary legislation; and

m) Any other information required by other legal provisions applicable to alcoholic beverages.

11.2 Presentation of information

11.2.1 Requirements for the domestic market

At least the information indicated in items a), b), c), d), e) and h) of subsection 11.1 must appear on the main display surface. The rest of the information referred to in that subsection must appear and may be incorporated in any other part of the label or container.

11.2.2 Requirements for the product for export or foreign packaging

At least the information indicated in subparagraphs a), b), c) and h) of 11.1 must appear on the main display surface. The information contained in subparagraphs i), j) and k) of 11.1 must appear and may be incorporated in any other part of the label or container. The information contained in items (b) only with respect to the class, (c) and (i) of 11.1 may be translated into another language.

11.2.3 The commercial information must be free of texts or images or other descriptions that induce to error or confusion to the consumer by their inaccuracy, such as "100% natural", "100% Mexican", "100% natural product", "100% rested" or other analogous ones.

When authorized products have an opinion, certificate or other document issued by accredited and approved persons under the terms of the LFMN, compliance with this NOM will be recognized.

Notwithstanding the foregoing, in accordance with the LFMN, when the data or information contained in the labels, containers or packaging of the products are inaccurate; the DGN may order that the appropriate modifications be carried out, granting the authorized producer or approved packer the term strictly necessary to do so in the understanding that during said term those products that the Authorized Producer keeps in inventory or are in the distribution chain or point of sale, may continue to be marketed, without prejudice to impose the appropriate sanction.

For the purposes of the previous paragraph, it is understood that the data or information contained in the labels, containers or packaging of the products are inaccurate when they include the commercial information required by this NOM in an imprecise or erroneous manner, without expressing data or legends that may mislead the consumer with respect to the characteristics of the product he/she is acquiring.

12. Alcoholic beverages containing tequila, denomination, labeling and specifications

12.1 In the manufacture, packaging and marketing of alcoholic beverages containing Tequila as an ingredient, NMX-V-049-NORMEX-2004, Alcoholic beverages-Alcoholic beverages containing Tequila-Denomination, labeling and specifications (see chapter 3, References) must be complied with.

In the case of the products mentioned in this section, with a trademark whose owner is not the authorized producer, the co-responsibility agreement registered with IMPI must be complied with.

12.2 For the effects of NMX-V-049-NORMEX, the sanitary specifications related to heavy metals and metalloids contained in NOM-142-SSA1 (see chapter 3, References) are applicable, for which NMX-V-050-NORMEX-2010 (see chapter 3, References) must be taken into consideration.

These specifications are subject to verification by the Competent Authorities and therefore their certification, in terms of this standard, is not mandatory.

13. Conformity Assessment

The evaluation of conformity with this standard shall be carried out by the competent authorities or by the persons accredited and, if applicable, approved by the SE: (Certification Bodies, Verification Units and Testing or Calibration Laboratories), in terms of the LFMN and its Regulations.

The above, without detriment of the verification and surveillance faculties of the competent authorities.

The conformity assessment at the request of a party may be obtained from the DGN, only when there are no accredited persons and, if applicable, approved by the SE.

Pursuant to the provisions of the Law, the expenses arising from the verifications derived from the conformity assessment acts of this standard, both ordinary and extraordinary, permanent and additional, are the responsibility of the individuals or legal entities to whom they are carried out.

13.1 Technical opinion of compliance

In order to issue the compliance report with this NOM, the accredited and approved verification unit in terms of the LFMN, shall carry out the ocular verification and verification to evaluate the corresponding conformity at the producer's facilities. The verification will include from the elaboration of the lot, the entrance of the agave of the species tequilana weber blue variety, until the finished product.

Said report shall indicate that it was verified, among other applicable requirements:

a) The location of the producing plant, within the territory included in the declaration of the denomination of origin "Tequila".

b) The declaration that the water used in its production process is potable.

c) That it was accredited that it has the supply of agave of the species tequilana weber blue variety necessary to produce Tequila harvested within the territory of Denomination of Origin, issued by the Certification Body accredited and approved in terms of the LFMN, or in its case, with the contracts of purchase of agave.

13.2 Certificate of compliance

To issue the certificate of compliance with this NOM, the accredited certification body approved under the terms of the LFMN must ensure that the product complies with this NOM.

This certificate shall indicate that it was found, among other applicable legal requirements, that it has:

(a) Technical opinion issued by the verification unit accredited and approved in terms of the LFMN.

b) Authorization to produce Tequila and/or 100% Tequila, issued by the DGN of the SE in accordance with the procedure registered in the Federal Registry of Procedures and Services, identified with the homoclave: "SE-04-018 Authorization to produce Tequila and/or 100% Agave Tequila", or the one that replaces it.

c) Producer's Registration Number that will accompany the NOM Official Password issued by the Certification Body.

d) Authorization for the use of the Appellation of Origin Tequila issued by IMPI.

Pursuant to the provisions of the LFMN, the expenses arising from the verifications derived from the conformity assessment acts with this NOM, shall be borne by the individuals or legal entities to whom they are carried out.

13.3 Commercial information compliance report

In order to issue a compliance report with this NOM regarding commercial information, the accredited and approved verification unit, according to LFMN terms, shall carry out an ocular verification of the label and verification to assess conformity according to sections 11.1 and 11.2 of this standard.

14. Surveillance

This NOM will be monitored by the Ministry of Economy and the Federal Consumer Protection Agency, according to their respective attributions.

15. Appendices

The application of the sampling plan described in this standard requires Authorized Producers and bottlers to carry out a permanent quality control

16. Bibliography

16.1 NOM-006-SCFI-2005, Alcoholic Beverages-Tequila-Specifications.

16.2 General Declaration of Protection of the Appellation of Origin "Tequila", published in the Official Gazette of the Federation on October 13, 1977, and amendments published in the Official Gazette of the Federation on November 3, 1999 and June 26, 2000.

16.3 Industrial Property Law, published in the Official Gazette of the Federation on June 27, 1991, as amended, published in the Official Gazette of the Federation on August 2, 1994, December 26, 1997 and May 17, 1999.

16.4 Ley Federal sobre Metrología y Normalización, published in the Diario Oficial de la Federación on July 1, 1992 and amendments published in the Diario Oficial de la Federación on December 24, 1996 and May 20, 1997.

16.5 NOM-002-SCFI-1993, Prepackaged products-Net content, tolerances and verification methods, published in the Official Gazette of the Federation on October 13, 1993.

16.6 NOM-008-SCFI-2002, Sistema General de Unidades de Medida, published in the Diario Oficial de la Federación on November 27, 2002.

16.7 Agreement between the office of the United States Trade Representative and the Secretaría de Economía in Mexico on Trade in Tequila (MOU) signed on December 16, 2005.

17. Consistency with international standards

No concordance with international standards has been established since there was no reference at the time of its elaboration.

TRANSITIONS

FIRST: This Official Mexican Standard shall enter into force sixty calendar days following the day of its publication in the Official Gazette of the Federation.

SECOND.- This Mexican Official Standard will cancel the Mexican Official Standard NOM-006-SCFI-2005 "Alcoholic beverages. Tequila-Specifications", published in the Official Gazette of the Federation on January 6, 2006, once it enters into force.

THIRD. Those producers whose authorization to produce Tequila and/or 100% Agave Tequila, and/or Bottlers Approval Certificate (CAE) was issued prior to the effective date of this document as definitive Mexican Official Standard, may request its renewal for NOM-006-SCFI-2012 effects, as from the publication of the standard and its effective date, submitting a written request, signed by the legal representative of the Producing Company, including the identification number of the Official Letter issued for these concepts and stating under oath that the original conditions of compliance under which the SE issued the CAE and/or Authorization have not changed. The issuance of the updates will be attended in order of receipt, and will be available within a maximum period of 15 working days, entering into force on the same date as NOM-006-SCFI-2012.

FOURTH.- This Mexican Official Standard, once it enters into force, will render ineffective any administrative act of a general nature, such as circulars, circulars of a general

administrative act of a general nature such as circulars, guidelines, criteria, methodologies, instructions, directives, rules, manuals, or any other act of analogous nature to the previous ones, as well as any administrative resolution or office, which contravene the present standard.

Mexico City, October 29, 2012.- The General Director of Standards and President of the National Consultative Committee for Standardization of User Safety, Commercial Information and Trade Practices, Christian Turégano Roldán.- Rubric.


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