The new Mexican technical regulation (NOM) for milk powder for further processing is scheduled to be implemented on January 31, 2020. Click here for a full translation of the new regulation. Additional details and USDEC's high-level summary are in the Hot Topic posted in February.

USDEC has received additional clarification on some points since the NOM was published, and there are still several outstanding pieces of information. We also request member feedback ASAP on whether you have any outstanding questions.

What we Know

1. Laboratory Registration: All laboratories performing test reports to prove compliance with the NOM must be registered with Mexico's Secretary of Economy, Standards Division (DGN). To qualify for registration, the laboratory must be either (a) approved to issue COAs for the Ministry of Health for the purpose of obtaining import permits, or (b) recognized by foreign authorities or foreign accreditation entities. It is our understanding that point b will include labs approved by the competent state and/or federal U.S. authority and/or other accreditation agencies (i.e. ISO, A2LA, etc.)
2. The Mexican government published a draft lab procedure in April, as noted on the Hot Topics page. USDEC submitted comments in May, similar to the draft comments posted on this page, asking for clarification on several points. The Mexican government has advised that they are targeting early November for the laboratory registration to be available. USDEC will advise members as soon as the registration system is live.
3. According to the draft registration instructions, when a lab is registered with DGN, a document will be generated confirming the registration. DGN has told USDEC's team that the registration will be automatic. However, we encourage exporters to confirm this functioning to us once the system is live.
4. Test Reports: When the regulation is implemented on January 31, 2020, a test report (certificate of analysis) from a registered lab (see point 1) will be required. The test report must include the parameters noted in Table 2 (except casein) of the NOM and must utilize approved test methods. Please note that only some AOAC, ISO, and ADPI methods are approved. The government of Mexico has not recognized Standard Methods.
   In addition to the full translation referred to in the Hot Topics in the introduction, USDEC has summarized this test report requirement in Volume 2 of the Export Guide, Mexico, Test Report for Milk Powder as a Raw Material section.
5. Labeling: Labeling requirements in Chapter 7 of the NOM will enter into force 180 days after the NOM, thereby providing companies additional time to adjust labels as needed.

Outstanding Questions - MEMBER FEEDBACK REQUESTED!

Below is a list of outstanding questions we have posed to DGN on the implementation of the NOM. If members have any additional questions on which you would like to receive clarification, please provide them to Sandra Benson at sbenson@usdec.org ASAP.

1. The draft laboratory registration instructions provided guidance on the submission of domestic test reports to DGN, but not foreign test reports. How will the government guarantee acceptance of test reports on imported products.
2. There was no charge listed for the laboratory registration in the draft proposal. We seek confirmation that the registration will be free of charge.
3. Although DGN commented verbally that the lab registration will be automatic, we request confirmation on this point as well.
4. There appears to be an error in the translation of the third laboratory registration option in the English version of the draft laboratory registration document. We seek confirmation that the laboratory is recognized by the competent authority (as it reads in Spanish), not that the reports are recognized by the competent authority (as it reads in English).
5. Advise the procedure in case multiple labs contribute to the test results for one test report (i.e. lab 1 test protein and moisture and lab 2 tests scorched particles and solubility index)
6. Advise whether the folio number received when the test report is submitted must be included on the test report, or alternatively, whether the importer may present the test report lab registration folio together with the test report, keeping in mind that the name and/or address of the exporter may be different than the name of the registered lab. Is either option acceptable?
7. Confirm whether the results of multiple tests for multiple lots can be presented together on one test report, just as the results for multiple lots are now on the certificate of analysis.
8. Advise whether the COA used for COFEPRIS to request the Ministry of Health import permit will suffice, or if a test report showing compliance with NOM-222 needs to be issued separately.
9. Confirm the steps toward resolution in case there are disputes with products tested to confirm the casein parameter and fat source of the milk powder.

Contact Sandra Benson at sbenson@usdec.org with any questions.