Required Report - public distribution

Date: 8/17/2009
GAIN Report Number: MX9325

Mexico

Food and Agricultural Import Regulations and

Standards - Narrative

FAIRS Country Report

Approved By:
W. Garth Thorburn, ATO MEXICO
Prepared By:
Erik Hansen, Lourdes Guzman, Pia Cortes & Erika Hernandez

Report Highlights:
Sections Updated: Section I. Food Laws; Section II. Labeling Requirements; Section III.
Packing and Container Regulations; Section IV. Food Additive Regulations; Section V.
Pesticides and Other Contaminants; Section VI. Other Regulations and Requirements; Section
VII. Other Specific Standards; Section VIII. Copyright and/or Trademark Laws; Section IX.
Import Procedures; Section X. Other Relevant Reports; Diagram I. Imports of U.S. Agricultural
Goods to Mexico; Appendix I. Government Regulatory Agency Contacts; Appendix II. Other
Import Specialist Contacts; Appendix III. List of Approved Food Additives Hermetically Sealed
Subject to Heat Treatment; Appendix IV. List of Mexican Food and Agriculture Regulatory
Agencies.
SECTION I. FOOD LAWS

The Mexican Bureau of Standards (DGN, Dirección General de Normas) is responsible for
management and coordination of standards in Mexico. The legal framework for Mexico’s regulatory
process is the Federal Law of Metrology and Normalization. This Law gives to the competent
Mexican ministries and agencies the authority to establish regulations relating to the protection of
human, animal and plant health, and the environment. The objectives comprise requirements for
products, services, processes, raw materials, labeling, testing, packaging, facilities, and safety and
hygiene requirements among others. The Law also lays out the administrative procedures by
which regulations are developed and disseminated.

The Mexican government publishes technical regulations (Reglamentos) or standards (Norma

Oficial Mexicana - often referred to simply as a NOM), in the Diario Oficial de la Federación (Official
Gazette) - the Mexican equivalent of the U.S. Federal Register. Mexico’s Ministry of the Economy
(Economía or SE) coordinates the regulatory process through its Directorate General of
Normas. Although other Mexican federal agencies may develop regulations under their
jurisdictions, they must work through the Secretaría de Economia. Electronic versions of all valid
NOMs are available on the Ministry of Economy website at http://www.economia-
noms.gob.mx. These NOMs are coded by subject and are revised every five years.

Additional laws directly applicable to food and agricultural product imports are the General Health
Law, the Federal Law for Animal Health, and the Federal Law for Plant Health.

General Health Law – The General Health Law assigns the Mexican Ministry of Health (Secretaría
de Salud) with the responsibility of issuing regulations related to human health. The Law deals
with all aspects related to the promotion and protection of human health. The Ministry of Health
has the authority by law to require prior import authorization based on health risks. In the case of
an authorization waiver, the importer must show all the required documentation under
implemented regulations by the General Health Law, and must include a health certificate issued
by authorities in the country of origin. The Ministry may also randomly sample and inspect
imported products to ensure compliance with Mexican requirements. Mexican regulations related
to human health are issued through the Ministry of Health’s regulatory agency, by the Federal
Commission for the Protection against Sanitary Risks (COFEPRIS); its website
www.cofepris.gob.mx/ .

The Federal Law on Animal Health – The Animal Health Law grants the Ministry of Agriculture
(SAGARPA) authority to take animal health measures to prevent the introduction of pests and
diseases affecting animal health and their control. SAGARPA also has to endorse the welfare of
animals, regulate products such as feed and pharmaceuticals consumed or used by livestock,
establish best practices in livestock production and in slaughter and meat processing
facilities. (Responsibility for meat processing facilities is shared with the Ministry of Health,
Secretaría de Salud). The Law also confers SAGARPA with promoting harmonization with
international standards and for establishing equivalence agreements with other
countries. SAGARPA is responsible for establishing a list of substances or products of which use of,
or consumption by animals is prohibited as well as determining maximum levels of
contaminants. In addition to this, SAGARPA is currently working on a preliminary Regulation for
the Animal Health Law.

The Federal Law on Plant Health – The Plant Health Law authorizes SAGARPA to reduce the
risks of microbiological, physical and chemical contamination in the production of crops and to take
actions to promote and protect plant health. According to the Law, phytosanitary certificates are
required for imports likely to host diseases or pests. While some agricultural products may be the
subject of specific regulations, such as NOM-012-FITO-1996 on preventing the introduction of
potato pests, the Plant Health Law also requires SAGARPA to develop Phytosanitary Requirement
sheets (Hojas de Requisitos Fitosanitarios) which also lay out specific requirements for imported
plant products.

SECTION II. LABELING REQUIREMENTS

Mexican requirements for specific commercial information which must be marked on products sold
to consumers may differ based on product. In general, specific labeling requirements for
prepackaged food and non-alcoholic beverages are included in NOM-051-SCFI-1994 “General
Specifications for Labeling Prepackaged Foods and Non-alcoholic Beverages”. The Mexican
importer is responsible for making sure that the products comply with the NOM. For this reason,
U.S. exporters should seek informed advice from an agent, distributor, importer or local
consultant familiar with the market requirements.

Labels that comply with Mexican regulations must be in place prior to retail sale. Labels are
checked by “Unidades de Verificación” (verification agencies) and approved by the Secretariat of
Economy. There are two types of documents issued by these agencies and the Mexican customs
agent at the border will request that one of them be supplied. The exporter and/or the importer
may choose which one to use, however the document is necessary to ensure compliance and to
gain import approval.

“Constancia de Conformidad” (Statement of Compliance): This is requested prior to the

importation of the products. Either the exporter or the importer may submit an application
for the Constancia de Conformidad. It may be used many times and by different importers
as long as the product remains the same and the label is unchanged. The product must be
labeled before entering the country and the importer must present it at the entry point.
 “Dictamen de Cumplimiento” (Compliance Specification): This is requested for products that
will be or have already been imported but the labels will be prepared and attached
locally. This document must be requested by the importer and only an importer registered
with the “Padrón de Importadores” and that has imported at least US$100,000 worth of
goods in the past 12 months will be granted approval. The product and label are both
inspected locally to ensure compliance prior to retail sales. This document is linked to the
invoice number, is a one time document and is only valid for a specific amount of
products. It cannot be used again and is non-transferable.

If the product does not require a label, a document stating that this specific product is not subject
to the labeling regulations is granted and presented at the border at the time of importation.

The cost of any of these documents varies but ranges between US$50 and US$80. The
processing and issuance of these documents normally takes 7 and 30 days.

A list of approved compliance agencies for food and non-alcoholic beverages can be obtained at:
http://www.economia.gob.mx/work/normas/Aprobacion/Unidades_de_verificacion/51scfi_apb04.p
df

And for alcoholic beverages at:

http://www.economia.gob.mx/work/normas/Aprobacion/Unidades_de_verificacion/142ssa_apb04.
pdf

In keeping with a five-year compulsory review process of standards mandated by Mexican law,
the Ministry of the Economy (Economía) just finished a joint effort with the Federal Commission
for the Protection Against Sanitary Risks (COFEPRIS - Comisión Federal Para la Protección Contra
Riesgos Sanitarios) to revise the current NOM-051. Other agencies such as the Consumer
Protection Agency - PROFECO (Procuraduría Federal del Consumidor) also participated in the
process.

The revised rule called PROY-NOM-051-SCFI/SSA1-2009 partially complies with the Food and
Agriculture Organization and World Health Organizations’ (FAO/WHO) food standards program,
CODEX Alimentarius. On July 20, 2009, the final draft was sent for approval to
COFEMER. Currently all interested parties can submit comments and opinions to this PROY-NOM
directly to COFEMER via e-mail ([email protected]). COFEMER will send this to the
appropriate contact at the Ministry of the Economy (the lead agency in this process).

The “Dictamen Final” (final approval/opinion) from COFEMER could take from 30 to 60 days from
the time when Economía submits their comments. Once COFEMER approves the document and
submits their “Dictamen Final” the new draft regulation will be published in the Diario Oficial de la
Federación (Official Gazette) and will be made available for a sixty-day comment period. If the
draft remains unchanged, once the final version is published in the Diario Oficial, the industry will
have 60 days to comply with the new regulation.

Some of the major changes that this new regulation is proposing include:
The nutritional declaration on the label will be mandatory instead of voluntary;
The new NOM proposes to change the minimum requirement for listing ingredients on the
label from 25 percent to 5 percent of content;
The content of all fats including saturated and trans-fats, as well as cholesterol should be
specified along with other nutrients, proteins, sugars, vitamins, fiber;
The inclusion of statements mentioning the possibility of an allergic reaction being caused
by an ingredient. Some of these ingredients are fish, cereals containing gluten, tree nuts,
peanuts, and products containing lactose;
The mandatory use of a declaration and logo if the products have been irradiated.

For an unofficial translation of the proposed regulation (PROY-NOM-051-SCFI/SSA1-2009), please

refer to GAIN report MX9324 “Mexico Proposes Labeling Changes for Food and Nonalcoholic
Beverages”.

A. General Requirements

There are two options for labeling. The original English container can be used as long as a
Spanish sticker is attached that meets all the labeling requirements or the product can be
packaged for the local Mexican market using Spanish. The first option is usually a better option
for new-to-market products.

All information must be in Spanish. Information in English may appear on the label, but cannot
be substituted for the information that is required to be in Spanish. In addition, if more than one
language is used, the Spanish content must be in a font size that is equal or larger than those
used for the other foreign languages. Stickers are permitted as long as they are attached in such
a way that they remain attached until the moment of consumption under normal conditions.

Products cannot be sold in Mexico with the standard U.S. label only. They must follow the
guidelines outlined in NOM-051. When a U.S. nutrition box appears on the package, a second
nutrition box must be prepared which complies with all Mexican requirements and this box must
be attached to cover the U.S. nutrition box. Nutritional value enhancements of food automatically
require a Mexican nutrition box.

Bulk products and those products used in the food service industry do not have to comply with
this labeling regulation.

Statements not allowed to be used in Mexico are those phrases that cannot be proven to be true
or those that could deceive or confuse the consumers. Warning statements are those that are
based on known scientific evidence, are associated with real or potential risks related to
intolerances, allergies, metabolic illnesses or toxicity. Also warning statements that promote a
balanced diet might be included.

To comply with NOM-030-SCFI-2006, the font height must be adjusted in the main exhibit area or
label area as follows:

MAIN EXHIBIT AREA cm2 Font Height mm.

0 – 32 1,6
32 – 161 3,2
161 – 645 4,8
645 – 2580 6,4
Over 2580 12,7

Mandatory Labeling Requirements Required by NOM-051-SCFI-1994 include:

- Product Name/Product Description. Raw or Generic Description of the product must be

placed in the Main Exhibit Panel of the product package or label. It must be in Spanish, or English
and Spanish. If the latter is applied, font sizes and colors must be equal.

- Brand Name.

- List of Ingredients. The ingredient list must be headed by the word ingredients in Spanish
(“Ingredientes”); ingredients must be listed in descending order by quantity. Additives must be
listed when they perform a technical function in the finished product. Certain generic names,
such as vegetable oil or spices may be used. The list of ingredients must be in Spanish, or in
English and Spanish. It may be placed anywhere on the sides of the package, or on the back or
be displayed on the main label.

- Net Content/Drained Mass. According to NOM-030-SCFI-2006, “Información commercial -

Declaración de cantidad en la etiqueta-especificaciones”, the net content statement has to be
placed in the main exhibit panel, it must be space fee above and below with at least the same
height of the font on the left and the right with the width of two characters of the same font. The
thickness of the font must be at least 1/3 of the height of the font used. The net weigh
declaration must be made in metric units (grams, kilograms, or liters). Metric commas have to be
used, not periods. Refer to NOM-008, International Units. The correct label to declare content is:
CONTENIDO NETO. Authorized abbreviations are: Cont. Neto; Cont. Net.; or, Contenido Net.

- Manufacturer and Importer’s Information. For locally produced products the

manufacturer’s information can be placed anywhere on the package and must include the
following information: “Fabricante: (Company name, Address with street, colonia, delegation,
state and zip code, and tax ID number known as the RFC)”.

For imported products, the manufacturer’s information is optional, but the importer’s information
must be present and include: “Importado por: [Company name, address with street, colonia,
delegation, state and zip code, plus the RFC number]”.

- Country of origin. Must be in Spanish, or in Spanish and English and placed anywhere on the
package or label. The label must start with the words “Producto de” or “Hecho en” followed by
E.U.A, or EUA, or E.E.U.U., or EEUU, or Producto Estadounidense, or Producto de los Estados
Unidos de América.

- Batch Number. Information may be placed anywhere on the package but must be visible at all
times. A batch number system is accepted according to CODEX International Regulations or to
specific norms. The label should read Lote or Lote de Producción.

- Expiration Date. According to Codex International Regulations any dating system is accepted
DD/MM/YY or MM/DD/YY. It may be placed anywhere on the package. The preferred date of
consumption might be mandatory on specific products.

-Preferred Date of Consumption. This is non-mandatory information and if included, the

preferred date of consumption must state month and year for products whose expiration is 3 or
more months, or day and month for products whose expiration is 3 months or less. If this date is
specified, a note on proper handling practices to preserve the product in optimum conditions must
be added. For example: “Consumase Preferentemente antes de: AGO 2009 or 20 ENE” and
“Manténgase congelado” (keep frozen).

- Nutritional Information. This information is normally voluntary but it becomes mandatory

when the manufacturer declares any quantitative or qualitative nutritional characteristic of the
product. If nutritional information is included, it must state at least energy content; amount of
proteins, carbohydrates and fats; amount of sodium; and the amount of the nutrient for which a
claim is made. This must be done considering the Mexican daily caloric intake of 2,000 kilojoules
(kcal).

- Products Sold in Multiple Packages. The information contained in this NOM must be located
on the package, except for the batch number and the expiration date which must appear on each
product. The package must bear the statement “Not Labeled for Individual Sale”.

B. Requirements Specific to Nutritional Labeling

Nutritional labeling under NOM 051 is voluntary, however it becomes mandatory if special claims
are made on the label. If this is the case, the label must include energy content, protein,
carbohydrates, fats and sodium contents, and the amount of any nutrient. The nutritional table
may be placed anywhere on the package and must comply with NOM-086, or other specific NOMs
or health regulations, and with the percentages defined for the Mexican population by NOM-
051. Presentation of the nutritional information is also stipulated in the NOM. Energetic content,
for example, needs to be declared in kilojoules (kcal) per 100g or per serving.

If additional nutritional information is provided, these are some of the guidelines to follow:

- The inclusion of some nutrients such as proteins, vitamins, and/or minerals should be included
only if they supply more than 5% of the Recommended Daily Ingestion-IDR (recommended daily
allowance).

- The inclusion of the fat content requires a breakdown of all the types of fat and their
percentages using the expression “del cual” (of which) polyunsaturated fat, monounsaturated fat,
saturated fat and cholesterol.

- Include the number of portions per container.

C. Other Labeling NOMS

Aside from the requirements in NOM-051, some products such as alcoholic beverages, meat,
cheese, poultry and eggs, honey and cereals have specific regulations that include special
information on the labels, some of them are:

Alcoholic Beverages: NOM-142-SSA1-1995, “Goods and Services. Alcoholic Beverages. Sanitary

Specifications. Sanitary and Commercial Labeling”.

Alcoholic beverages containing alcohol of 2% to 55% by volume are required to exhibit the
following information on their packaging and or label:

- The statement "el abuso en el consumo de este producto es nocivo para la salud" (abuse in the
consumption of this product is harmful to your health). The label must be easily legible, in
contrasting colors and without invoking or making reference to any legal provision.

- Alcohol content. Percentage of volume of alcohol at 29C: % Alc. Vol.

- Each container must have a visible coded batch number.

- For Brandy, the word “Brandy” in an obvious way and the statement, “100% de uva” (made
100% with grapes), which must be true.

- If they contain aspartame the following statement should apply: “Fenilcetonuricos: Contiene
Feninlanina”.

- If daily consumption exceeds 50g of sorbitol the following statement should apply: Contiene
sorbitol: el abuso puede causar efectos laxantes (contains sorbitol and its abuse might have
laxative effects)

Cheese and Whey Cheese: NOM-121-SSA1-1994, “Goods and Services. Cheeses: fresh,
aged/ripened and processed” and NOM -035-SSA1-1993, “Goods and Services. Whey Cheese.
Sanitary Specifications”.

These NOMs mandate that the label must:

- Include the wording “Mantengase o Consérvese en Refrigeración (Keep Refrigerated).

- Include the origin of the product: “Elaborado 100% con leche de vaca” (made 100% from cow’s
milk) or indicated the origin of the product if different from cow milk.

- It should indicate the expiration date stating the day and month, as follows: “Fecha de
Caducidad”.

- For whey cheese it should also state the minimum percentage of fat and the maximum
percentage of humidity.

Milk: NOM-155-SCFI-2003 “Milk, milk formula and combined dairy products – denomination,
physical/chemical specifications, commercial information and testing methods” and NOM-184-
SSA1-2002 “Products and Services. Milk, milk formula and combined dairy products – Sanitary
Specifications”.

PROY-NOM-243-2005 is pending to be published as an Official Mexican Standard and will affect

labeling for milk products.

Other NOMS that supplement the dairy industry include:

NOM-036-SSA1-1993 - Ice Cream

NOM-091-SSA1-1994 - Pasteurized cow’s milk
- Health specifications
Meat: NOM-030-ZOO-1995 “Specifications and Procedures to Verify Imported Meat, Carcasses,
Viscera and Offals at the Animal Health Verification Points”; and NOM-034-SSA1-1993 “Goods and
Services. Meat products. Packaged ground meat and molded ground meat. Sanitary
Specifications”; and NOM-122-SSA1-1994 “Goods and Services. Meat products. Cured or cooked,
emulsified and cooked meat products. Sanitary Specifications”.

These NOMs require the following information on the products’ package or on the label to allow for
full identification:

- For the importation of meat, viscera or offals from beef, goats, horses, sheep, pigs, deer and
poultry, they shall be packaged from the point of origin, exclusively using boxes or combos.

- Carcasses will only be accepted if they are identified with the stamp from the establishment
approving beef, goats, horses, sheep, pigs and deer.

- On one side of the box or combo, the information indicated below shall be printed, or on a label,
as indicated below; in the case of labels, they shall be placed in such a way that displays the
identification completely, is possible:

- The original label of the plant with the generic name of the product, net weight in kilograms,
establishment name and number, as well as the packaging date. All this information shall be in
the language of the country of origin.

- A label in Spanish with the information regarding the country of origin, the establishment’s
name, number and address, name of product and the legend “keep under refrigeration” or “keep
frozen”, must be included.

- For boxes and combos, the stamp of inspected by the corresponding health authority from the
country of origin, as well as the corresponding batch number should be displayed and visible.

- Refrigerated products under NOM-034, should also include the following statements as required
“Keep Refrigerated” and “This Product Must be Consumed Well Cooked” and the expiration date
indicating day and month.

- Frozen products under NOM-034 should include the statements: “Keep Frozen at a Maximum
Temperature of -18 C”; “Once Unfrozen Do Not Freeze Again”, and “This Product Must be
Consumed Well Cooked”

- Products under NOM-122 should include the statement “Keep Refrigerated” and the expiration
date
Other NOMS that supplement the meat industry include:

NOM-004-ZOO-1994 - Toxic Residue Control in Meat, Fat, Liver

and Kidneys from Beef, Horses, Pigs and
Sheep

Biotechnology Labeling: Currently there is not a specific NOM for labeling GMO’s or products
containing GMO’s. However, the industry has agreed that yellow corn must be identified as such
in the package. Also, the law and regulations indicate that GMO’s or products containing GMO’s
must be identified as such when the product’s characteristics are significantly different from the
traditional product. They are also subject to general labeling requirements.

Organic Labeling: As with the case with GMO´s, currently there is not an organic labeling policy
in place and the official logo has not been defined. Organic products are subject to general
labeling requirements.

The following NOMs complement and support all NOM-051 and all of the above mentioned
regulations:

NOM-002-SCFI-1993 - Prepackaged products, net content,

tolerances and Verification methods
NOM-008-SCFI-2002 - General system of measurement units
NOM-030-SCFI-2006 - Commercial information-quantity
statements and specifications in labels
NOM-086-SSA1-1994 - Food and Non-alcoholic beverages with
modifications in its composition. Nutritional
specifications

SECTION III. PACKING AND CONTAINER REGULATIONS

The General Health Law grants the Ministry of Health (Secretaría de Salud) authority to regulate
the packaging of foods, alcoholic and non-alcoholic beverages and tobacco with respect to health
concerns. Manufacturers of metal containers intended to contain food and beverages, as well as
importers and distributors of canned foods and beverages are required to comply with Standard
Nom-002-SSA1-1993. This regulation prohibits the sale or import of foods or beverages in metal
containers with lead solders and specifies the type of seams permitted for hermetically sealed
containers.

Nom-130-SSA1-1995 lays out basic sanitary requirements for hermetically sealed products with
thermal treatment, including limits on microorganisms, heavy metals and additives.

Mexico does not have any strict recycling requirements. However, a significant percentage of soft
drink and beer bottles are still returnable.
SECTION IV. FOOD ADDITIVE REGULATIONS

Mexican regulations define a food additive as those substances added directly to food and drinks
during its manufacture in order to provide or intensify aroma, color or flavor, to improve its
stability or its preservation. The term does not include contaminants, substances added to foods
to maintain or to improve the nutritional quality, or sodium chloride.

The Ministry of Health (SSA) through the Federal Commission for the Protection against Sanitary
Risks (COFEPRIS) regulates the use of additives in the preparation of food intended for human
consumption. NOM-130-SSA1-1995 for the regulation and sanitary specifications for foods in
hermetically sealed containers subject to heat treatment includes the list of authorized food
additives for canned foods and their maximum allowable limits. A copy of this list is included in
Appendix III. Separate regulations address additives in cheese and meat. NOM-121-SSA1-1994
regarding sanitary specifications for fresh, hard, and processed cheeses specifies permitted
colorants, preservatives, acidifiers, emulsificants, flavorings, and enzymes in cheese. NOM-213-
SSA1-2002 on sanitary specifications for processed meat products contains a list of permitted
additives subject to best manufacturing practices, as well as a list of additives for which specific
maximum levels have been established.

Additionally, as a protective measure to guarantee the health of the Mexican population through
the controlled use of additives in the preparation of food and to cope with the constant
development at the Food Industry, the Ministry of Health (SSA) published on July 17, 2006, the list
of authorized additives, colorants, purified substances, enzymes and synthetic flavors to be used
as additives in food, beverages and food supplements. (See GAIN reports MX6058 & MX6070.)

SECTION V. PESTICIDES AND OTHER CONTAMINANTS

The inter-secretariat Commission for the Control Process and Use of Pesticides, Fertilizers and
Toxic Substances (CICLOPLAFEST) governs the use of pesticides in Mexico. Although it is not itself
a regulatory body, the Commission coordinates the Mexican Government actions on pesticides
through its member agencies, each of which has regulatory authority for certain aspects of
pesticide use, including imports and exports. The four member secretariats are:

Ministry of Agriculture, Livestock, Fishery and Food (SAGARPA)

Ministry of Environment and Natural Resources (SEMARNAT)
Ministry of Health (SSA)
Ministry of Economy (SE)

The Regulation (Reglamento) on Registration, Import and Export Authorizations, and Export
Certificates for Pesticides, Fertilizers, and Toxic Materials, lays out the procedures for pesticide
registrations. SSA - through COFEPRIS - is responsible for authorizing registrations and issuing
free sale certificate for pesticides, and also granting import permits. SEMARNAT provides
technical opinions regarding the protection of the environment. SAGARPA provides technical
opinions regarding the biological effectiveness of pesticides and fertilizers and on the phytosanitary
aspects of the maximum residue levels.

CICLOPLAFEST is working, primarily through COFEPRIS and SAGARPA, on a proposed NOM that
will establish and update maximum residue levels. Completion of the NOM is expected by the end
of 2009.
CICLOPLAFEST also works with its counterparts in the United States and Canada under the NAFTA
joint technical working groups.

A number of NOMs, such as NOM-004-ZOO, NOM-021-ZOO-1995 and NOM-028-ZOO-1995,

address maximum residue limits for specific veterinary medicines (including hormones), pesticides,
heavy metals, and industrial contaminants. Limits on contaminants on meat are under the
jurisdiction of SAGARPA.

SECTION VI. OTHER REGULATIONS AND REQUIREMENTS

Imports of many agricultural products entering Mexico are subject to physical inspection and/or
prior approval to ensure that animal, plant and human health requirements are met. The most
important thing for the U.S. exporter is to determine the exact tariff classification under which his
or her products will enter Mexico. The harmonized system number will determine the relevant
regulatory agency and the import requirements that must be met.

There are three main agencies that issue specific import requirements and regulations for specific
products: SAGARPA (the Secretariat of Agriculture), SALUD (the Secretariat of Health) and
SEMARNAT (the Secretariat of the Environment and Natural Resources).

a. Import Requirements Based on Animal and Plant Health Risks (SAGARPA or

AGRICULTURA)

Imports of live animals (including aquatic) and plants, animal and plant products and byproducts
must comply with the requirements specified by SAGARPA and implemented through its
regulatory agency, the National Service of Health, Food Safety and Agro Food Quality
(SENASICA). SENASICA includes the General Directorate of Plant Health (DGSV) and the General
Directorate of Animal Health (DGSA). These agencies are assisted by the General Directorate of
Phytozoosanitary Inspection (DGIF) which is responsible for providing the verification, inspection
and certification services for the products subject to the regulations.

The plant and animal health requirements are established taking into account countries free of
pests and diseases of quarantine importance to Mexico, specific requirements, certification from
sanitary authorities from the country of origin, laboratory tests, authorized treatments and the
authorized points of entry into the country among other items.

The products regulated by SAGARPA are listed in the “Accord that Establishes the Classification
and Codification of Products the Importation of Which is Subject to Regulations from the Mexican
Ministry of Agriculture SAGARPA” last updated on June 30, 2007. For a complete list of the
products included in this Accord please see http://www.senasica.gob.mx/default.asp?doc=845.
Live animals, meats, processed meat products, dairy products, other animal products (e.g.
genetic material), animal fats, feeds, pet foods, hides and skins and other products under the
tariff classifications included in this list must comply with the requirements of the “HRZ” (or Hoja
de Requisitos Zoosanitarios) issued by the DGSA and are subject to inspection at the point of
entry to verify that the products are free of pests and diseases. The HRZ is free and can be
obtained at: http://148.245.191.4/zooweb/. Click on one of the documents according to your
product:

“Consulta de Requisitos de Animales Vivos” for live animals; or

“Consulta de Requisitos de Productos de Origen Animal” for other animal products.

If you cannot find your products, it may be that their imports are not allowed or that a sanitary
risk assessment has not yet been conducted.

In the case of aquatic organisms the Accord mentions these must be accompanied by an aquatic
health certificate (“Certificado de Sanidad Acuícola”) issued by SAGARPA through the General
Directorate of Food Safety, Aquaculture and Fishery Aquatic Sanitary Certificate issued by
GDOPA. Certain seafood species, such as lobster and shrimp, are subject to inspection at the
point of entry to ensure they are free of pests and diseases.

Plants and plant products included on the list, such as fresh fruits and vegetables including
products such as potatoes, onions, mushrooms, apples, pears, peaches, cherries, some seeds,
herbs, and grain meals, must meet the requirements of an “HRF” or Hoja de Requisitos
Fitosanitarios issued by the DGSV if there is no specific NOM for the product. For example, grains
and seeds not for planting (classified in NOM-028-FITO-1995) and fresh produce (classified in
NOM-008-FITO-1995) do not require an HRF but they have to fully comply with these specific
relevant NOM´s. All imported plants and plant products on the list are subject to inspection at the
point of entry by the DGIF to ensure that they are free of pests and diseases. Any plant products
that are not specified in a NOM or in a HRF must comply with NOM-006-FITO-1995 and will go
through a pest risk assessment to determine if they are approved for import. This is a lengthy
process.

Specific “Hojas de Requisitos Fitosanitarios” according to each product, can be obtained for plant
health requirements (HRF’s) at:

http://148.245.191.4/requisitosfito/Formulario.aspx

The NOMS commonly applied to the import of plants and plant products are:

NOM-007-FITO-1995 Phytosanitary requirements and

specifications for the importation of
 propagative plant material
NOM-008-FITO-1995 Phytosanitary requirements and
specifications for the importation of fresh
produce.
NOM-009-FITO-1995 Phytosanitary requirements and
specifications for the importation of fresh
flowers and foliage.
NOM-028-FITO-1995 Phytosanitary requirements for the
importation of grains and seeds except for
sowing
NOM-044-FITO-2002 Phytosanitary requirements and
specifications for the importation of nuts,
processed and dried products and by-
products
NOM-062-FITO-1995 Phytosanitary requirements and
specifications for importation of vegetables,
vegetable products and sub-products by
mail or international carrier

New products or products for which there is no specific NOM must adhere to NOM-006-FITO-1995
which establishes minimum requirements to import vegetables, vegetable products and by-
products not regulated in a specific NOM. These products will be subject to a Pest Risk Analysis
and the results need to be acceptable to gain import approval.

Some of the information required to apply for the “Hojas de Requisitos” is: product name,
importer’s legal name, product description, quantity, estimated value, use, tariff code number,
country of origin, port of entry and final destination.

In order to ensure compliance with these requirements SAGARPA has established 87 approved
border crossings where inspection for plant and animal health requirements can take place. Since
approved border crossing points change from time to time, exporters should verify current
information with their importers.

At the border, the importer by law has to use a registered customs broker or customs
agent. They will provide the Mexican agricultural inspectors the necessary documentation to
prove the shipment meets the relevant Hoja de Requisito. If the documents are in order and the
products are found free of pests and diseases the DGIF will issue the sanitary import certificate
“Certificado de Importación Sanitaria” which must accompany the “Pedimento Aduanal” (see
Section IX Import Procedures). If quarantine is required, SAGARPA has an approved list of
companies that provide quarantine services through NOM-022-FITO-1995.

b. Import Requirements Based on Public Health Risks (SSA or SALUD)

The Ministry of Health (SSA) issues the regulations designed to improve and protect public
health. Imports of foods and beverages for human consumption are subject to compliance with
sanitary regulations dictated by SSA. The Federal Commission for the Sanitary Risk Protection
(COFEPRIS) www.cofepris.gob.mx is the regulatory agency in charge of the control and
surveillance of food and beverages, food supplements, tobacco, plant nutrients, toxic or
dangerous substances, biotechnology products, and pesticides among others.

The “Accord that establishes the classification and codification of products, the importation of
which is subject to regulations from the Mexican Ministry of Health SSA”, issued on September 27,
2007, and last updated on June 25, 2009, lists the tariff numbers of the products that are subject
to SSA regulation. These products require either an import permit “PERMISO Sanitario de
Importación” or simply an import notification “AVISO Sanitario de Importación” to
COFEPRIS. Currently, only energy drinks with low levels of ingredients such as ephedrine, taurin,
and glucoronolactone are eligible for submitting an AVISO.

Products such as fish, seafood products, dairy products, vegetable oils, fruit and vegetable
products, food supplements, and energy drinks with higher levels of the ingredients mentioned
before must apply for a “PERMISO”.

Again, the most important thing for the U.S. exporter is to determine the exact tariff classification
number. This number will define the regulatory agency and all the documentation necessary to
get import approval.

The importer of products subject to SSA regulations must be registered with SALUD and is
responsible for securing all the necessary documentation for a seamless import process. The
documents that must be submitted to get an import permit are, a health certificate or a free sale
certificate issued by the U.S. government or other competent authority, original product label,
Spanish label for the product, and a copy of the fees payment and if required a physicochemical,
microbiological or physical analysis of the product to be imported.

c. Import Requirements Based on Environmental Concerns (SEMARNAT or MEDIO

AMBIENTE)

The Ministry of the Environment and Natural Resources (SEMARNAT) regulates the imports of
products that could potentially disrupt the ecological balance. It issues import authorizations for
different products through the General Directorate of Wildlife.

The “Accord that establishes the classification and codification of products the importation of
which is subject to regulations from the Mexican Ministry of the Environment SEMARNAT”,
published on June 30, 2007, lists the tariff codes for which SEMARNAT has authority. Some wild
animals and plant species, products and byproducts, aquatic species and products, and forestry
products among others are included on this list. Among some of the requirements that these
products have to meet are the submission of CITES certificates and the compliance with NOM-
059-SEMARNAT-2001. They are subject to inspection at the point of entry. Importers and
traders of products regulated by SEMARNAT must be registered within this agency.

SECTION VII. OTHER SPECIFIC STANDARDS

Genetically Modified Organisms (GMOs) and Products Containing GMOs

The Biosafety Law (Ley de Bioseguridad de Organismos Genéticamente Modificados), published in

March 2005, regulates the commerce, release, marketing, and import of genetically modified
organisms (GMOs) with respect to impact on human health, the environment, biological diversity,
and plant, animal and aquatic health.

Approval for Human Consumption

Products containing GMOs that are intended for human use or consumption or for processing of
food for human consumption, including for feed of animals destined for human consumption,
require an authorization.

Requests for authorization must include an assessment by the Ministry of Health (SALUD) of
potential risks presented to human health. The guidelines, requirements, and procedures for
applying for authorizations for GMOs or GMO-containing products for human consumption are laid
out in the Regulations to the Genetically Modified Organisms Biosafety Law of March 19,
2008. Authorizations are generally to be determined within six months from the submission of
the application. Under these regulations, the list of GMOs authorized for human consumption will
be published annually, in early February.

The Ministry of Finance and Public Credit (HACIENDA) has authority over importation of GMOs and
products containing GMOs. This authority includes ensuring the appropriate permits or
authorizations are in place and that any identity requirements provided for under Mexican
regulations are met. The law specifically prohibits, for example, the import into Mexico of GMOs
or products containing GMOs in cases where such organisms are forbidden in their countries of
origin.

Packaging of GMOs and products containing them are subject to official standards jointly issued by
the Ministry of Health and the Ministry of the Economy, in accordance with the General Law of
Health and the Federal Law on Metrology and Standardization. There is no current official NOM
for such products.
Currently 69 biotechnology derived products (involving one or more events) have been authorized
for human consumption in Mexico. By product category these include:

Tomato 3
Alfalfa 1
Sugar Beet 1
Potato 3
Cotton 22
Canola 4
Soybean 5
Rice 1
Corn 29

Approval for Planting

The Mexican regulatory framework for biotech seeds has not been as fully developed as that for
products intended for consumption. One of the underlying principles of the Biosafety Law is that
the government will take a precautionary approach with respect to the protection of the
environment and biological diversity. The permit for commercial release into the environment is
to be based on scientific principles as well as on the precautionary approach.

Appellations of Origin

Mexico is one of 19 signatories to the Lisbon Agreement on Appellations of Origin. The Mexican
Law of Industrial Property (Art 156) recognizes the appellation of origin as the name of a
geographic region of the country used to designate a product originating there, whose quality or
characteristics are attributable to that location. In 1974, Mexico recognized Tequila as a protected
appellation of origin, limited to the liquor of agave elaborated in specific areas in Mexico including
parts of five states (Guanajuato, Michoacan, Tamaulipas, Nayarit and Jalisco). Mexico has sought
international protection for the use of the term tequila.

Organic Products

On February 6, 2006, the Mexican “Organic Products Law” (Ley de Productos Orgánicos) was
finally published in the Federal Registry (Diario Oficial) and since then the government’s
involvement in this sector has increased significantly. As mandated in the law, the National
Counsel for Organic Production (CNPO – Consejo Nacional de Producción Orgánica) was
established in 2007 with the participation of producers, processors, importers/distributors,
universities, government entities and certifiers, who act as consultants for the Secretariat of
Agriculture (SAGARPA) on organic production and commercialization issues.
During 2006 through 2008, the Mexican Secretariat of Agriculture (SAGARPA) developed the
“Regulations for the Organic Products Law” with support from the Secretariat of the Economy
(ECONOMIA), the Secretariat of Health (SS) and the Secretariat of the Environment
(SEMARNAT). The regulations have been completed and are currently waiting to be officially
published by the federal government.

Currently a third document, “Guidelines for the Regulations of the Organic Products Law” is being
drafted. The fourth draft of this document could be finalized during 2009. These guidelines will
outline industry requirements that are necessary in order to establish an organic operation in the
country.

SECTION VIII. COPYRIGHT AND / OR TRADEMARK LAWS

Trademarks, patents and industrial designs are considered “Industrial Property” in Mexico. They
are protected under Mexico’s Law of Industrial Property (“Ley de la Propiedad Industrial”) and it is
implementing regulations.

Trademarks are protected for ten years and can be renewed for an unlimited number of ten-year
periods. Trademark applications in Mexico are not subject to opposition. Registrations are issued
and can only be canceled post-registration. On average, it takes two and a half years to cancel a
trademark registration, and the registrant is allowed to continue using the mark for one year
following cancellation.

Companies interested in registering a trademark can contact the Mexican Institute of Industrial
Property, IMPI (“Instituto Mexicano de la Propiedad Industrial”), an independent agency that
operates under the Ministry of the Economy.

According to the U.S. Commercial Service in Mexico, some U.S. trademark holders have
encountered difficulties in preventing former subsidiaries and franchisees from continued use of
their trademarks. U.S. companies holding trademarks in Mexico have cited problems with
trademark enforcement and administration. When counterfeit items are discovered, injunctions
against trademark violators are often unenforceable and are consistently challenged before the
courts. Although federal administrative actions are supposed to be completed within four months,
actions related to trademark enforcement often take as long as 18 months. The time can be
lengthened by jurisdictional and procedural disputes within the Mexican government, as well as by
internal coordination problems within IMPI.

Plant Variety Protection

The Federal Law of Plant Varieties (“Ley Federal de Variedades Vegetales”) protects the rights of
plant breeders. The Regulations under the Federal Law on Plant Varieties can be found at:
http://www.cddhcu.gob.mx/LeyesBiblio/regley/Reg_LFVV.pdf.

The Ministry of Agriculture is responsible for approving applications and for maintaining a public
registry of protected varieties. Perennial species may be registered for 18 years, and other species
for ten years. The law allows the use of protected varieties for research, individual use as seed or
grain, or for personal consumption without the permission of the breeder.
According to the U.S. Commercial Service in Mexico, copyright piracy remains a major problem in
Mexico, with U.S. industry losses estimated to be growing each year. Although enforcement
efforts by the Mexican government are improving, piracy levels continue to rise, resulting in
closures of legitimate copyright-related businesses. Copyrights and related rights are governed by
the Mexican Federal Copyright Law. Additional information on Mexican Copyright Laws for
Copyright can be found at the National Copyright Institute (INDAUTOR, “Instituto Nacional del
Derecho de Autor”).

SECTION IX. IMPORT PROCEDURES

Most agricultural shipments stopped at border crossing points are not caused by sanitary or
phytosanitary issues but rather due to omitted or incorrectly filled out documentation that
accompanies those shipments. Other factors such as changing import requirements; expanding
trade volumes; growth in inexperienced exporters/importers; and neglecting the use of customs
brokers have also contributed to trade stoppages at the border.

Before exporting products to Mexico, it is advisable to locate an experienced Mexican customs

broker to help avoid trade impediments at the border. These brokers are authorized by the
Mexican Internal Tax Registry (Secretaría de Hacienda y Crédito Público) to handle customs
clearance operations. In addition, all companies that import agricultural products need to be
registered with the Mexican government customs authority (Padrón Importador) [1] . The
documentation that a customs broker needs to clear shipments includes:

Commercial Invoice or Bill of Sale;

Required Health and Standard Certificates (issued either by the Animal and Plant Health
Inspection Service [APHIS] or the Food Safety and Inspection Service [FSIS]), and/or any
other relevant U.S. government regulatory authorities;
Certificate of Origin (Note: A complete certificate of origin must be completed for products
to receives NAFTA treatment);
Technical information on product classification (tariff code, which complies with the uniform
customs identification system under the General Agreement of Tariffs and Trade);
Commercial information regarding lot (batch) number, brand and product appearance in
addition to weight and volume certificate (for bulk products);
Air or land freight shipping guide;
Duty payments (please check this with your importer).

Finally, customs brokers will process an Export Declaration (Pedimento Aduanal). If you choose
not to hire a customs broker, please note that the Export Declaration needs to be generated and
delivered with the rest of the documents listed above.

The entire customs clearance procedure normally takes around 24 hours upon submission of all
required documentation. The following flow chart depicts the import process.

DIAGRAM I. IMPORTS OF U.S. AGRICULTURAL GOODS TO MEXICO

Required Documentation

In the next few lines you will find a brief description of U.S. and Mexican documents required to
clear shipments through Mexico. The documents mentioned are subject to specific norms and
regulations, so please make sure to look for specific product regulations by their tariff code before
engaging in import operations. It is important to know your products’ HTS in order to learn if they
underwent tariff increases as set by the Mexican Government [2] and if they are subject to
commodity-specific quotas. This, in turn, will lessen delays in deliveries, storage fees, food decay,
and will enable you to attain a better appraisal of costs.

I. U.S. Documents

A. Shippers Export Declaration

An Export Declaration is required by U.S. Customs for all shipments over US $2,500.

B. Sanitary or Phytosanitary Certificates

In order to comply with the SAGARPA’s regulations through the so-called “Hojas de Requisitos”,
you may require an export certificate from the U.S. Department of Agriculture on health aspects of
plant and animal products. It can be obtained from USDA’s Animal and Plant Health Inspection
Service (APHIS). The phytosanitary certificate is issued by the Plant Protection and Quarantine
(PPQ) office of APHIS and the animal health certificate is issued by the Veterinary Service (VS)
office of APHIS. In general, both certificates guarantee that plant and/or animal products
described have been inspected and are considered to be free from pests or quarantine diseases.
Specific requirements are found in this “Hoja de Requisitos” and may also be addressed in the
“remarks” section. An original of this document is required at Mexican Customs. The “Hoja de
Requisitos” is valid only if it is signed by an official inspector from the PPQ or VS office, and must
contain a complete name and date.

C. Meat and Poultry Export Certificate of Wholesomeness

The Meat and Poultry Export Certificate is issued by the Field Operation Staff of the Food Safety
and Inspection Service (FSIS) of USDA. The Meat Export Certificate attests that meat products
comply with all Mexican requirements. It guarantees that meat products in a particular shipment
are sourced from healthy animals that received ante-mortem and post-mortem inspections and
have been registered at a federally-inspected slaughterhouse. For poultry and poultry products,
the certificate certifies that birds were officially inspected and that the meat is wholesome and fit
for human consumption.

These documents are issued to the exporter and include the consignee’s general data. Other
information contained is FSIS district office, country of destination, folio number, plant number,
city of origin, type of facility, total net weight, total number of containers, products as labeled with
their individual market weight, and number of packages. On the product description, the name of
the species must be included (i.e. beef, pork, turkey, etc.). In the remarks section, it is important
to write the slaughter date, packing date, lot number, and name several sanitary statements,
which are listed in the “Hoja de Requisitos” for any given product. The document will only be valid
once it is signed by an official inspector of the Meat and Poultry Inspection Program, including a full
name and date. The original document is always required.

D. Free Sale Certificate

A Free Sale Certificate can be issued by several state and federal government agencies as well as
from certified laboratories of the U.S. Food and Drug Administration (FDA). It certifies to the
authorities of the importing countries that the products comply with U.S. requirements and that
they are sold freely in the country of origin. For example, certificates for non-alcoholic goods are
issued by the FDA or state health authorities. On the other hand, the U.S. Bureau of Alcohol,
Tobacco and Firearms (ATF) issues Free Sale Certificates for alcoholic beverages. For poultry
products, FSIS export certificates of wholesomeness described above are accepted as an
equivalent to free sale certificates. A manufacturer’s paper declaration, with the company’s
letterhead, stating that the products are distributed and authorized for human consumption within
the United States may also be valid.

E. Commercial Invoice

The commercial invoice is a bill of the purchased goods issued by the seller to the buyer. It should
include basic information about the transaction, such as a description of goods, the shipper’s and
seller’s addresses, delivery and payment terms. The Mexican government needs the commercial
invoice to assess customs duties and other taxes. The original document is required at Mexican
Customs.

F. Certificate of Origin

The Mexican government requires a signed statement regarding the origin of products. Certificates
are usually acquired through semi-official organizations such as local Chambers of Commerce. Its
purpose is to authenticate that the listed products originated from the territory of the exporting
company and that they comply with origin requirements as indicated for their type of goods under
the North America Free Trade Agreement (NAFTA). It also ensures NAFTA tariff treatment (i.e.
zero duties for most of agricultural goods). The U.S. Customs Office of the Department of
Treasury issues certificates of origin for exporters.

G. Export Packing List

This list itemizes products per package and indicates the type of packaging (box, crate, drum,
carton, etc.). It displays individual net, legal, crate, gross weights and measurements for each
package (in U.S. and metric systems). Package markings should be shown with the shipper's and
buyer's references. The Export Packing List should be attached to the outside of a package in a
waterproof envelope marked "packing list enclosed." The list must be used by the shipper or
forwarder detailing (1) the total shipment weight and volume, and (2) whether the right cargo is
being shipped. Mexican and U.S. customs officials use this list to check the cargo. The original
document is required by Mexican Customs.

H. Bill of Lading

Bills of lading are contracts secured between the owner of the goods and the carrier. International
bills of lading can be cosigned to coordinate several arrangements between buyers and sellers. If
the buyer is purchasing on an open-account basis, the bill of lading can be consigned directly to
the buyer. Hence, merchandise can be immediately available upon arrival to the delivery site. On
the other hand, if the seller wants to exchange title and custody of the goods for payment, he
must state on the bill of lading: “Consigned to the order of __ _”. Usually, the customer
needs the original as a proof of ownership for custody of the goods.

II. Mexican Documents

In addition to the documents listed in this section, please make sure to have in possession all of
the U.S. documentation stated above since they will also need to be submitted to Mexican
authorities.

A. Land or Air Shipment Guide

Mexican customs will expect a land or air shipment guide with information about the cargo, such as
the address of destination and freight charges.

B. “Hoja de Requisitos Sanitarios” – Sanitary Requirements Sheet on Plant and Animal

Products

The Hoja de Requisitos Sanitarios is provided by the Regulation and Sanitary Inspection
Directorate (Dirección de Regulación e Inspección Sanitaria) of the Mexican Ministry of Agriculture
(SAGARPA). It enumerates all sanitary requirements that the specific plant or animal product is
subject to while imported to Mexico. The original document is required during Mexican customs
clearance. This document has to be secured by the importer or representative (customs broker)
and must be submitted at the moment of the SAGARPA inspection. During the inspection,
SAGARPA officials will check that the shipment’s documentation complies with the requirements. It
is the importer’s responsibility to notify the U.S. exporter about sanitary and other requirements
prior to shipment. This will enable the U.S. exporter to cater and provide all the requirements fully
(like APHIS and FSIS certification).
C. Sanitary Requirements on Processed Products (Human Health)

Mexican imports of processed foods are subject to regulations issued by the Ministry of Health
(Secretaría de Salud). The agency that enforces such regulations is the Federal Commission for
Sanitary Risks Protection (Comisión Federal para la Protección contra Riesgos Sanitarios,
COFEPRIS). Depending on the product they can be subject to import notice (AVISO) or to an
import permit (PERMISO). For further information see section VI.

D. Weight and Volume Certificate

This certificate is claimed for bulk products. For example, the number of imported metric tons per
cargo must be written.

E. Other Certificates & Information

Other documents might be needed to support your credentials such as permits from the Ministry of
Economy (Secretaría de Economía), printed Mexican Official Norms (Normas Oficiales Mexicanas or
NOMs) and/or other regulations depending on the agricultural product. In addition, information
yielding product identification, analysis and merchandise control will be required. Make sure to
include lot number, brand and description of product presentations (it is petitioned by Article 36 of
the Mexican Customs Law).

F. Duty Payments

They can be ad valorem, IVA (Value Added Tax - 15% charge of the goods’ value), port fees,
and/or other special taxes place on products such as wine/spirits. It is recommended that you
seek advice from your importer regarding such duties. Any applied tariffs will need to be paid at
this stage of the process. As mentioned before, most of U.S. agricultural products have no
tariffs. However, after March 18, 2009, some agricultural products become subject to duty
increases by HS code (see GAIN report MX9010 for more details).

G. “Pedimento Aduanal” - Export Declaration

All documents must be accompanied by an Export Declaration. Once complete information is

introduced in the Export Declaration it will be reviewed and approved by an automated centralized
program. Afterwards, it will be validated by the central authority of the Mexican federal
government.

[1]
Importers need special permission for certain goods such as wine. They must be registered at
the Sector Registry (Padrón Importador) for such commodities.
[2]
As of March 18, 2009, tariffs on some agricultural products were revised. Please see GAIN
Report MX9010 for more information.

Section X. Other Relevant Reports

MX9501 Imported Products Regulated by the Ministry of Health (SALUD)

http://www.fas.usda.gov/gainfiles/200904/146347677.pdf
MX9324 Mexico Proposes Labeling Changes for Food and Nonalcoholic Beverages
http://gain.fas.usda.gov/Recent%20GAIN%20Publications/Mexico%20Proposes%20Labeling%20C
hanges%20for%20Food%20and%20Nonalcoholic%20Beverages_Mexico%20ATO_Mexico_8-6-
2009.pdf

MX9312 Labeling Requirements

http://www.fas.usda.gov/gainfiles/200904/146347698.pdf

MX9310 Trucking Retaliation Increases Tariff on Pet Food

http://www.fas.usda.gov/gainfiles/200903/146347595.pdf

MX9309 Trucking Retaliation Increases Tariff on U.S. Christmas Trees

http://www.fas.usda.gov/gainfiles/200903/146347594.pdf

MX9033 Review of Compensatory Beef Duties

http://gain.fas.usda.gov/Recent%20GAIN%20Publications/Review%20of%20Compensatory%20Be
ef%20Duties_Mexico_Mexico_5-19-2009.pdf

MX9014 Trucking Retaliation Increases Tariffs on U.S. Apricots, Cherries, Grapes, Pears &
Strawberries
http://www.fas.usda.gov/gainfiles/200903/146347588.pdf

MX9012 Trucking Retaliation Increases Tariff on U.S. Frozen Potatoes

http://www.fas.usda.gov/gainfiles/200903/146347573.pdf

MX9010 Mexico Announces Tariff Modifications on 36 U.S. Agricultural Products

http://www.fas.usda.gov/gainfiles/200903/146347645.pdf

APPENDIX I. GOVERNMENT REGULATORY AGENCY CONTACTS

At COFEMER – SE (Federal Commission for Regulatory Improvement, Ministry of Economy):

Alfonso Carballo Perez

Sectoral Regulatory Improvement, Director General
Chargé of COFEMER, Director General
Coordinador General de Mejora Regulatoria Sectorial y Director General Encargado de COFEMER
Tel.: 5629-9650; 5629-9500, Ext. 22670
[email protected]

Lic. Rafael Gonzalez Vazquez

Assistant
Tel.: 5629-9650; 5629-9500, Ext. 22670
[email protected]

Jorge Jimenez Ruiz

Energy, Infrastructure and Environment Director
Tel.: 5629-9500, Ext. 22612
[email protected]
At COFEPRIS – SSA (Federal Commission for Sanitary Risks Protection, Ministry of Health):

Rocio Del Carmen Alatorre Eden-Wynter

Commissioner of Evidence and Risk Management
PBX: 52 (55) 5080 5200 Ext. 1404
Phone: 52 (55) 5514 8572
Fax: 52 (55) 5514 8557
[email protected]
Lucio Galileo Lastra Marin
Commissioner of Sanitary Operation
Phone: 52 (55) 5080 5200 Ext. 1229
Fax: 52 (55) 5080 5200 Ext. 1005
[email protected]

Francisco Javier Acosta Minquini

General Coordinator of the Sanitary Federal System
Phone: 52 (55) 5080 5200 Ext. 1200 & 1201
[email protected]
www.cofepris.gob.mx

At SENASICA-SAGARPA (Health, Innocuity and Agrofood Quality National Service; Ministry of

Agriculture, Livestock, Rural Development, Fishery and Food.)

Enrique Sanchez Cruz

Director in Chief of SENASICA
Phone: 52 (55) 5905 1005
Fax: 52 (55) 5105 1003
[email protected]
www.senasica.gob.mx

Francisco Javier Trujillo Arriaga

Plant Health General Director
Phone: 52 (55) 5090 3000 Ext. 51319
Fax: 52 (55) 5554 0529
[email protected]
[email protected]

Francisco Velarde García

Animal Health General Director
Phone: 52 (55) 5905 1007, 5905 1000, ext. 51055
Fax: 52 (55) 5905 1000, ext. 51183
[email protected]

Ing. Arturo Calderon

Phytosanitary Inspection General Director
Phone: 52 (55) 5905 1012, Ext. 51019
Fax: 52 (55) 5905 1000 Ext 51183
[email protected]

M.V.Z. Octavio Carranza de Mendoza

Director General of Agro Food, Aquaculture and Fishery Innocuity
Phone: 52 (55) 5090 3000, exts. 51500-51502, 51506
[email protected]
Secretary: Silveria Perez ([email protected])

At SALUD (Ministry of Health)

María De Las Mercedes Juan López

Commissioner of Sanitary Operation
Phone: 52 (55) 5080 5200 Ext. 1229
Fax: 52 (55) 5080 5200 Ext. 1005
[email protected]

APPENDIX II. Other Import Specialist Contacts SPECIALIST CONTACTS

Reynaldo Ariel Alvarez Morales

Executive Secretary of the Inter-Secretarial Commission of Genetically Modified Organisms Bio-
Safety (CIBIOGEM)
San Borja No. 938, esq. Heriberto Frías
Col. del Valle, Del. Benito Juárez
C.P. 03100, D.F., Ciudad de México.
52 (55) 5575 6878 / 7618 / 6685, ext: 20 and 21.
Fax ext. 30
[email protected]
[email protected]
[email protected]
http://www.cibiogem.gob.mx/

Lic. Fabrice Salamanca Ract

Executive President and Director General of AgroBio Mexico
Dakota 204 Suite 302, Col. Nápoles
03810 México D.F.
Phone: (52 55) 55 43 84 89
Fax: 5543 66 76
[email protected]
http://www.agrobiomexico.org.mx/index.htm

APPENDIX III. LIST OF APPROVED FOOD ADDITIVES HERMETICALLY SEALED SUBJECT

TO HEAT TREATMENT
Permitted:
 ADDITIVES
PRODUCTs MAXIMUM LIMIT
pH REGULATORS
Pickled mushrooms 20g/kg
Preserved tomatoes and their by- GMP
products, preserved asparagus, sauces GMP
Acetic acid with or without hot spices and chili
peppers, fruit purees.
Edible mushrooms and their products,
evaporated milk.
Edible mushrooms GMP, except for sterilized
Processed tomato concentrates mushrooms, alone or mixed
Purees, jellies, fruit pastes, jams. with lactic acid up to a
Preserved palm hearts, hot mango maximum of 5g/kg
sauce GMP
Citric acid Sour creams GMP
Preserved tomatoes and their by- GMP
products, fruits in syrup, sauces, GMP
preserved edible mushrooms, juices GMP
and nectars, asparagus, beans, onions
and peas.
Purees, jellies, fruit pastes, jams. Alone or mixed with tartaric
acid and its salts expressed
Fumaric acid as acid to keep the pH at a
level between 2,8 and 3,5
up to a maximum of 3g/kg
Jellies, fruit pastes and jams. GMP
Processed tomato concentrates, GMP
evaporated milk GMP
Preserved tomatoes, preserved fruits GMP
Lactic acid
and nectars. Alone or mixed with citric
Sour creams acid only for sterilized
Edible mushrooms mushrooms, up to a
maximum of 5g/kg.
Processed tomato concentrates GMP
Jellies, fruit pastes and jams GMP
Malic acid
Preserved tomatoes, preserved fruits, GMP
juices and nectars.
Fruits in syrup, purees, jellies, fruit Alone or mixed with fumaric
pastes, jams, juices and nectars. acid and its salts expressed
Tartaric acid as acid to keep the pH at a
level between 2,8 and 3,5
up to a maximum of 3g/kg
Fruits in syrup, purees, jellies, fruit GMP
Potassium bicarbonate
pastes, jams.
Evaporated milk Alone or mixed up to a
Calcium carbonate
maximum of 2g/kg
Fruits in syrup, purees, jellies, fruit GMP
Potassium carbonate pastes, jams. GMP
Soups
Fruits in syrup, purees, jellies, fruit GMP
pastes, jams. GMP
Processed tomato concentrates and Alone or mixed with
their by-products trisodium citrate (firming
Sodium carbonate
Peas and softening
agents cannot be used in
the same product) up to a
maximum of 150 mg/kg.
Fruits in syrup, purees, jellies, fruit GMP
pastes, jams, juices, nectars and GMP
Sodium citrate
sauces.
Cream and sour cream
Purees, jellies, fruit pastes, jams. Alone or mixed with tartaric
Sodium fumarate acid and its salts expressed
as acid, to keep the pH at a
 level between 2,8 and 3,5
up to a maximum of 2 g/kg
Fruits in syrup, purees, jellies, fruit Alone or mixed with other
pastes, jams. firming agents expressed as
Preserved grapefruit, preserved calcium to keep the pH at a
tropical fruit salad, preserved tomatoes level between 2,8 and 3,5
Calcium lactate and their by-products. up to a maximum of 200
Preserved pulses mg/kg.
350 mg/kg
Alone or mixed up to a
maximum of 350 mg/kg.
Fruits in syrup, purees, jellies, fruit GMP
Sodium lactate pastes, jams.

Fruits in syrup, purees, jellies, fruit Alone or mixed with fumaric

pastes, jams. acid and its salts expressed
(L+) Potassium tartrate as acid to keep the pH
between 2,8 and 3,5 up to a
maximum of 3 g/kg
Fruits in syrup, purees, jellies, fruit Alone or mixed with tartaric
pastes, jams. acid and its salts expressed
(L+) Sodium tartrate as acid to keep the pH
between 2,8 and 3,5 up to a
maximum of 3 g/kg
Fruits in syrup, purees, jellies, fruit Alone or mixed with fumaric
pastes, jams. acid and its salts expressed
(L+) Potassium and
as acid to keep the pH
sodium tartrate
between 2,8 and 3,5 up to a
maximum of 3 g/kg
ANTIFROTHING AGENTS
Preserved fruits, jams, purees, jellies, 10 mg/kg
dimethylpolysiloxane
fruit pastes, juices and nectars.
ANTIOXIDANTS
Purees, jelly, fruit paste, jam and Alone or mixed with
apples in syrup. ascorbic acid up to a
Puree, jelly, fruit paste, jam and maximum of 150 mg/kg.
mangos in syrup. Alone or mixed with
Preserved chestnuts and chestnut ascorbic acid up to a
Ascorbic acid and its
puree, preserved palm hearts maximum of 200 mg/kg.
sodium and calcium salts
Juices and nectars 300 mg/kg
Preserved fruit cocktail, fruits in syrup, 250 mg/kg
purees, jellies, fruit pastes, jams. 500 mg/kg
Puree, jelly, fruit paste, jam and 550 mg/kg
peaches in syrup.
Preserved tropical fruit salad 700 mg/kg
Puree, jelly, fruit paste, jam and 750 mg/kg
blackcurrant in syrup. GMP
Edible mushrooms and their products, Alone or mixed with
preserved seta mushrooms, preserved ascorbic acid up to a
asparagus, preserved vegetables. maximum of 150 mg/kg
Eritorbic acid and its Puree, jelly, fruit paste, jam and apples
sodium salt in syrup, juices and nectars.
COLORINGS
Natural organic Juices and nectars, jams, preserved GMP
colorings. vegetables and sauces.
EMULSIFIERS
Fatty acid Fruits in syrup, purees, jellies, fruit GMP
monoglycerides and pastes, jams. 5g/kg alone or mixed with
diglycerides Cream other thickeners
FLAVORING OR AROMA AGENTS
Preserved tropical fruit salad, 40 mg/kg, total product,
Bitter almond oil
preserved fruit salad. only for enhancing the
 aroma of artificially colored
cherries.
Cinnamon aroma or Fruits in syrup, purees, jellies, fruit GMP
flavor pastes and jams.
Fruit in syrup, purees, jellies, fruit GMP
Mint aroma or flavor
pastes, jams and fruit cocktail.
Fruits in syrup, purees, jellies, fruit GMP
Natural aromas or
pastes, jams, preserved grapefruit,
flavorings, aromas or
preserved fruit salad, preserved fruit
flavorings identical to the
cocktail, preserved cucumbers,
natural ones
preserved plums, juices and nectars.
Preserved tropical fruit salad, 40 mg/kg, total product,
preserved fruit salad only for enhancing the
Cherry laurel essence
aroma of artificially colored
cherries
Preserved chestnuts and chestnut GMP
Vanilla extract and
puree, fruits in syrup, purees, jellies,
vanillin
fruit pastes, jams.
Liquid smoke Chipotle chilies, chipotle chili sauces GMP
FLAVOR ENHANCERS
Evaporated milk Alone or mixed up to a
Potassium chlorate
maximum of 2 g/kg
Preserved asparagus and preserved GMP
mushrooms, tomato and its by- 0,5 g/kg
L-Monosodium glutamate products, non-spicy sauces and soups.
Caldo gallego, fabada, beans, paella
and pozole
PRESERVATIVES
Jams Alone or mixed expressed
Sorbic acid as sorbic acid up to a
maximum of 500 mg/kg
Sauces, fruits in syrup, purees, jellies, Alone or mixed up to a
Sodium benzoate
fruit pastes, jams and juices maximum of 1000 mg/kg
Preserved chestnuts 30 mg/kg calculated
Fruits in syrup, purees, fruit pastes, as SO2
Sulfur dioxide
jellies, jams. 100 mg/kg due to transfer
effect
Sauces, mushrooms in brine and in 75 mg/kg
EDTA
escabeche, mangos in syrup
Non-spicy sauces, juices Alone or mixed up to a
Sodium metabisulfite
maximum of 100 mg/kg
Jellies and fruits in syrup Alone or mixed up to a
Methylparaben
maximum of 1000 mg/kg
Fruit pastes, jellies and juices Alone or mixed up to a
Potassium sorbate and maximum of 1000 mg/kg
sodium sorbate expressed as the acid

STABILIZERS
Potassium phosphate Evaporated milk and cream Alone or mixed up to a
tribasic or sodium maximum of 2 g/kg
phosphate tribasic
Evaporated milk and cream Alone or mixed up to a
Sodium phosphate
maximum of 2 g/kg
Milk beverages 2 g/l
Potassium or sodium
Evaporated milk and cream Alone or mixed up to a
metaphosphate
maximum of 2 g/kg
Evaporated milk and cream Alone or mixed up to a
Sodium tripolyphosphate
maximum of 2 g/kg
THICKENERS
Products that are heat treated, after Alone or mixed with other
Ammonium alginate fermentation. stabilizers and thickeners up
to a maximum of 5 g/kg
 Bean, corn, asparagus, pea, and Alone or mixed with other
Calcium alginate mushroom soups, and preserved thickeners up to a
carrots. maximum of 10 g/kg
Preserved asparagus Alone or mixed with other
solubilizers and dispersants
up to a maximum of 500
Bean, corn, asparagus, pea, and
mg/kg
mushroom soups, and preserved
Potassium alginate and Alone or mixed with other
carrots
Sodium alginate thickeners up to a
Creams
maximum of 10 g/kg
Alone or mixed with other
thickeners up to a
maximum of 5g/kg
Preserved asparagus, preserved Alone or mixed with other
mushrooms solubilizers and dispersants
Bean, corn, asparagus, pea and up to a maximum of 500
Propylene glycol alginate mushroom soups and preserved mg/kg
carrots. Alone or mixed with other
thickeners up to a
maximum of 10 g/kg
Preserved asparagus, preserved Alone or mixed with other
tomatoes and their by-products. thickeners when the product
contains butter, other fats
and oils up to a maximum
Sauces
of 10 g/kg
Soups
Starches, modified or GMP
Creams
not Alone or mixed with other
thickeners up to a
maximum of 8 g/kg
Alone or mixed with other
thickeners up to a
maximum of 5g/kg
Sodium Sauces GMP
carboxymethylcellulose Tomato-based beverages GMP
Preserved asparagus Alone or mixed with other
solubilizers and dispersants
up to a maximum of 500
mg/kg
Bean, corn, asparagus, pea and Alone or mixed with other
Carragenin mushroom soups and preserved thickeners up to a
carrots maximum of 10 g/kg
Evaporated milk 150 mg/kg
Creams Alone or mixed with other
thickeners up to a
maximum of 5g/kg
Preserved carrots Alone or mixed with other
Creams thickeners up to a
maximum of 10 g/kg
Carob gum
Alone or mixed with other
thickeners up to a
maximum of 5g/kg
Flavored ready-to-drink dairy Alone or mixed with other
beverages thickeners up to a
maximum of 5g/kg
Preserved asparagus, preserved Alone or mixed with other
mushrooms thickeners when the product
contains butter or other fats
and oils up to a maximum
Gum arabic Bean, corn, asparagus, pea and
of 10 g/kg
mushroom soups and preserved
Alone or mixed with other
carrots
thickeners up to a
maximum of 10 g/kg
Preserved asparagus, preserved Alone or mixed with other
Guar gum mushrooms thickeners when the product
contains butter or other fats
 and oils up to a maximum
of 10 g/kg
Bean, corn, asparagus, pea and
Alone or mixed with other
mushroom soups and preserved
thickeners up to a
carrots
maximum of 10 g/kg
Creams
Alone or mixed with other
thickeners up to a
maximum of 5 g/kg
Sauces Alone or mixed with other
Creams solubilizers and dispersants
up to a maximum of 500
Xanthan gum mg/kg
Alone or mixed with other
thickeners up to a
maximum of 5g/kg
Preserved mandarin oranges 10 g/kg (as a cloudifier)
Methylcellulose
Spaghetti sauce GMP
Preserved mangos, juices and nectars, GMP
jams, jellies and fruit pastes Alone or mixed up to a
Chestnuts and chestnut puree maximum of 10 g/kg
Pectin (amidated and Preserved asparagus, sauces Alone or mixed with other
non-amidated) thickeners when the product
contains butter or other fats
and oils, up to a maximum
of 10 g/kg
Asparagus, pea and mushroom soups Alone or mixed with other
Creams thickeners up to a
maximum of 10g/kg
Alone or mixed with other
thickeners up to a
maximum of 5g/kg

APPENDIX IV. LIST OF MEXICAN FOOD AND AGRICULTURE REGULATORY AGENCIES

NAME USED IN
AGENCY NAME ACRONYM NAME IN ENGLISH
FAIRS REPORT
Secretaría de Economía SE Ministry of the Economy ECONOMÍA
Dirección General de Normas DGN General Directorate of Standards DGN
Secretaría de Salud SSA Ministry of Health SALUD
Comisión Federal para la Protección Federal Commission for the
COFEPRIS COFEPRIS
Contra Riesgos Sanitarios Sanitary Risk Protection
Secretaría de Agricultura, Ministry of Agriculture, Livestock,
Ganadería, Desarrollo Rural, Pesca SAGARPA Rural Development, Fisheries and SAGARPA
y Alimentación Food
Servicio Nacional de Sanidad, National Service of Health, Food
SENASICA SENASICA
Inocuidad y Calidad Agroalimentaria Safety and Agro Food Quality
General Directorate of Animal
Dirección General de Salud Animal DGSA DGSA
Health
Dirección General de Sanidad
DGSV General Directorate of Plant Health DGSV
Vegetal
Dirección General de Inspección General Directorate of
DGIF DGIF
Fitozoosanitarya Phytozoosanitary Inspection
Director General de Inocuidad
General Directorate of Food Safety,
Agroalimentaria, Acuícola y DGIAAP DGIAAP
Aquaculture and Fishery
Pesquera
Comisión Intersecretarial para el Inter-secretariat Commission for
Control del Proceso y Uso de the Control of Process and Use of
CICLOPAFEST CICLOPLAFEST
Plaguicidas, Fertilizantes y Pesticides, Fertilizers and Toxic
Sustancias Tóxicas Substances
Secretaría del Medio Ambiente y Ministry of the Environment and
SEMARNAT MEDIO AMBIENTE
Recursos Naturales Natural Resources
Dirección General de Vida Silvestre General Directorate of Wildlife
Secretaría de Hacienda y Crédito Ministry of Finance and Public
SHCP HACIENDA
Público Credit
Procuraduría Federal del Federal Consumer Protection
PROFECO PROFECO
Consumidor Agency
Instituto Mexicano de la Propiedad Mexican Institute of Industrial
IMPI IMPI
Industrial Property
Comisión Federal de Mejora Federal Commission for Regulatory
COFEMER COFEMER
Regulatoria Improvement
Comisión Intersecretarial de
Inter-Secretarial Bio-safety and
Bioseguridad de los Organismos CIBIOGEM CIBIOGEM
GMO Commission
Genéticamente Modificados