THE CURRENT MEXICO NOM:
1. THE OFFICIAL MEXICAN STANDARDIZED NORMS
Article 52 of Mexico’s Federal Law on Metrology and Normalization (“LFMN”) provides as a general matter that all products and services shall comply with applicable Official Mexican Standardized Norms, or NOMs.
NOMs are issued by agencies of Mexico’s Federal Government to establish the characteristics and specifications of certain products manufactured, produced, exported, imported or used in Mexico. According to the LFMN, observing the NOMs is the law in Mexico.
Articles 4 and 5 of Mexico’s Foreign Trade Law and article 36 of Mexico’s Customs Law provide that any products governed by NOMs shall conform to the applicable NOMs in order for the product to be exported from Mexico. Although certifications of NOM compliance are not required, producers, traders, exporters and importers are responsible for their products’ compliance with applicable NOMs.
2. THE AGAVE SYRUP NOM
The Agave Syrup NOM, or NOM NMX-FF-110-SCFI-2008 (the “Agave Syrup NOM”), establishes the specifications of agave syrup, including its constituent and physiochemical specifications. According to the NOM agave syrup must be produced 100% from agave plant (cfr. §5) and should not be adulterated with food additives or mixed with sugars other than sugars of agave origin (cfr. §6.1.5). Agave syrup can be produced exclusively from the Agave Blue Tequilana Weber plant (cfr. §1), and the NOM does not allow mixing agaves to produce Agave Syrup (cfr. §18.104.22.168).
Also, pursuant to the Agave Syrup NOM, the Blue agave syrup must meet a physiochemical specification of at least 80% fructose and no more than 15% glucose (cfr. §6.1.2).
The production in Mexico of any agave syrup that does not meet the Agave Syrup NOM’s specifications violates Mexican law. Mexican consumer protection and customs agencies may assess penalties on producers and exporters of such noncompliant agave syrup.