MEXICO : NEW MEXICAN LABELLING NOM

Edmundo Elías-Fernández (Juarez)

Tel: (52-16) 29-1300

Fax: (52-16) 29-1399

Carol S. Osmond (Toronto)

Tel: (1-416) 863-1221

Fax: (1-416) 863-6275

The new Mexican labelling standard or "NOM" was published as Official Mexican Standard NOM-050-SCFI-1994, Commercial Information -General Provisions for Products ("NOM-050") in the Federal Official Gazette on 24 January 1996 and will come into effect on 1 November 1996. NOM-050 will apply to products produced domestically, as well as to imported products, which are sold to consumers. A "consumer" is defined as "an individual or corporate entity that acquires or enjoys products as an end-user".

However, only those products which are classified in specific tariff provisions to be identified by the Ministry of Commerce and Industrial Development ("Secofi") will be subject to NOM-050. An Accord will be published prior to NOM-050 coming into effect listing those tariff provisions. It is anticipated that the list of tariff provisions will be more extensive than the list of tariff provisions to which the current labelling provisions for imported products apply. A person who acquires, warehouses, uses or consumes products with the purpose o integrating them into a process of production, transformation, commercialization or the rendering of services to third parties is specifically excluded form the definition of "consumer" and therefore products sold to such persons should not be subject to the labelling requirements of NOM-050. Nevertheless, officials of the Mexican Consumer Protection Bureau or "Profeco," the enforcement agency for NOM-050, have indicated on an informal basis that they do intend to enforce NOM-050 in respect of products sold to commercial entities for use in their commercial activities. Therefore, it is recommended, in order to avoid difficulties at the time of importation or subsequent distribution of the product in Mexico, that if an importer wishes to claim exemption from the labelling requirements on the basis that the products are not being sold to "consumers," a special waiver be obtained in advance from the appropriate authorities.

NOM-050 stipulates the minimum commercial information which must be provided on the product labels, including among others, the name of the product, the quantity in metric units, the country of origin, and the name and address of the producer, in the case of domestic products, or the name and address of the importer in the case of imported products. The minimum required information must be in the Spanish language, although it may be in another language as well, provided the Spanish text is at least the same typographical size and proportion and displayed in a manner which is equally obvious. Moreover, the information must be expressed in comprehensible and legible terminology and in a manner such that the size and type is easily readable by the consumer. NOM-050 also indicates the types of labels which may be used and how they must be affixed to the products.

Finally, NOM-050 sets out requirements with respect to the content of instructions, operation manuals and warranties which may accompany consumer products. All such materials must be provided in Spanish, although they may be in other languages as well. There was a concern when the draft of NOM-050 was published in June 1994 that the original labels of imported products would have to contain the minimum required information in Spanish at the time of importation and that counter labels, which are currently used quite commonly, would no longer be permitted. However, as enacted, NOM-050 does permit the use of counter labels. One concern, however, is that as noted above, when the commercial information is expressed in other languages it must appear in Spanish in at least the same typographical size and proportion and in a manner equally as obvious. This requirement may make counter labels expensive and impractical in some cases.

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