USDEC has learned that, on October 1, 2020, the Mexican government published in the Diario Oficial (DOF) an amendment to the regulations governing the mechanisms to demonstrate compliance with technical regulations ("NOMs Annex") to include the amendment to NOM-051-SCFI/SSA1-2010 (also known as "front of packaging labeling regulation"). The new regulation entered into force immediately after its publication.This new regulation introduces important changes applicable to dairy imports and USDEC recommends members to be aware of the following information:

1.  As of October 1, 2020, the following exemptions for the compliance with the NOM-051-SCFI/SSA1-2010 will no longer exist, so products that were imported under those circumstances will now need to fulfill the labeling requirements in NOM-051 at the point of entry to Mexico:

• Imported goods to be used directly by a company, and that will not be subject to commercialization.
• Imported goods that would not be sold to the public in the form in which they were imported.
• Products destined to remain in the border area or regions of Mexico, imported by a corporation or person who carries out marketing activities and provides a restaurant, hotel, leisure, cultural, recreational, sports, educational services, research, medical and social assistance.

2.  The exemption available for "bulk" products has not suffered any changes, so companies may continue to use it in their commercial operations with Mexico.

3.  The General Customs Administration will be the Mexican authority that verifies compliance of the Mexican Official Standard at the point of entry to Mexico.

The Secretariat of Economy (Economia) has released a reference guide and a Q&A document (Spanish) with information related to NOM-051 and the changes introduced by the NOMs Annex. According to the information in the NOMs Annex and the Q&A document issued by the GOM, there are three compliance options available to meet the labeling requirements at the border:

1. The imported goods come correctly labeled from the country of origin previous examination  of the label by custom authorities (labels must be in Spanish)

2. The imported good subject to NOM-051 that passes through the US-MX border can be labeled at the border using the services of an verification unit (UVA)

3. To hire an UVA, which will be in charge of labeling the merchandise. To use this option, aservice contract must be established in advance, because the UVA identification number must be included in the custom declaration  (this option will add extra time and cost)

This regulation may have implications for ongoing on commercial operations, USDEC will keep membership  informed of any new developments and information as they become available. We recommend that members check with their importers in Mexico and brokers handling customs documents for information about products that may be exempted under NOM-051. USDEC's Market Access and Regulaory Affairs Team (MARA) is currently working with our Mexico office and other organizations in Mexico to obtain clear guidance on the scope and applicability of the NOM for products other than bulk products. For questions, please contact Oscar Ferrara at oferrara@usdec.org.