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AMENDMENT OF MEXICAN OFFICIAL STANDARD ON LABELING REQUIREMENTS APPLICABLE TO PREPACKED, FOOD AND NON-ALCOHOLIC BEVERAGES

04/14/2010
Contact:
Jorge Mario Sánchez-DeVanny
jsd@sanchezdevanny.com
Cristina Sánchez-Vebber
csv@sanchezdevanny.com
Ana Gabriela Olmeda de Alejandro
ago@sanchezdevanny.com
Cecilia Curiel-Piña
ccuriel@sanchezdevanny.com

AMENDMENT OF MEXICAN OFFICIAL STANDARD ON LABELING REQUIREMENTS APPLICABLE TO PREPACKED, FOOD AND NON-ALCOHOLIC BEVERAGES

On April 5th, 2010, an amendment to Mexican Official Standard NOM-051-SCFI/SSA1-2010, General specifications of labeling for prepacked food and non-alcoholic beverages- Trade and health information. (“NOM-051-2010”), was published in the Mexican Official Gazette, effective 270 (two hundred and seventy) days after publication, that is on January, 2011.

NOM-051-2010 cancels Mexican Official Standard NOM-051-SCFI-1994, General specifications of labeling for prepacked food and non-alcoholic beverages and every criteria, rules, instructions, handbooks, circulars, guidelines, procedures or other provisions deriving from the mentioned NOM-051-SCFI-1994.

The following aspects of NOM-051-2010 should be pointed out:

NOM-051-2010 includes the Health Secretariat in the labeling regulation for food and non alcoholic beverages, in accordance with the second paragraph of article 212 of the General Health Law, therefore the NOM-051-2010 is considered to be both a commercial and health standard.

Compliance with said standard will be verified by the Federal Consumer Agency (“PROFECO”) and the Federal Commission for the Protection of Sanitary Risks or Hazards (“COFEPRIS”), within the scope of their own powers.

Section 3 (three) “Definitions, symbols and abbreviations” was amended to modify existing definitions for the following terms: Additive, Food, Consumer, Properties declaration, Nutrimental properties declaration, Multiple package, Collective package, Label, Dietary fiber, Technological function, Lot, Magnitude, Nutrient, Symbol of the unit of measure, Main exhibition area and Measure Unit; likewise definitions were included for terms Recommended daily intake and Suggested daily intake.

With respect to the maximum volume content of ethyl alcohol for a beverage to be considered a non-alcoholic drink, the volume content was raised from 0.5% (point five percent) to less than 2% (two percent).

As a new requirement, NOM-051-2010, establishes that every ingredient or additive that may cause hypersensitivity, intolerance or allergy must be included on the label. Likewise, NOM-051-2010, mentions certain food and/or ingredients already known and proven to cause these reactions.

According to the new standard the label most include, the products nutrients statement, which shall be understood as the “The list or enumeration of the nutritional content of prepackaged food or non alcoholic beverage.

The expiration date, which used to be an optional specification, is now mandatory as a general requirement on the label.

It is also compulsory to state the percentage in which each ingredient is used to make the food or non-alcoholic beverages, with the purpose of emphasizing those ingredients which are referred to on the label or commercial name of the in the label, or the name of the food or non alcoholic beverage prepackage.

We believe the amendment of NOM-051-2010 is generally favorable to consumers with the following exceptions:

  1. It establishes certain mandatory requirements to be included on the label of prepackaged food and non alcoholic beverages that were not required internationally and in accordance with Codex Standards such as the nutrients declaration. Contrary to the stated by the Economy and Health Secretariats, we believe the foregoing could become a trade barrier by setting higher requirements than those set out by international standards.
  2. We considered that the time given to manufactures to implement changes on the products’ labels is insufficient, as well we believe that the cost that will be incurred by manufactures is not being contemplated by authorities, and therefore it is most likely it will be finally absorbed by consumers.
  3. As to the quantitative requirement to include on the label the percentages in which each ingredient is used, there is a risk of violating the trade secrets owned by the manufactures for their products, in accordance with article 82 of the Industrial Property Law.

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Sanchez-DeVanny Eseverri Corporative and International Trade and Customs practice groups, has broad experience in dealing with these modifications and can gladly assist your company’s interests.