Mexico Provides Additional Enforcement Flexibility with Respect to Revised Labelling Requirements for Pre-packaged Food and Beverages
Mexico is providing additional enforcement flexibility with respect to the revised labelling requirements for pre‑packaged food and non‑alcoholic beverages of mandatory standard NOM‑051‑SCFI/SSA1‑2010.
Adopted in 2010, the requirements of standard NOM‑051‑SCFI/SSA1‑2010 apply to finished products destined for the final consumer and do not cover bulk products and products that are subject to more specific labelling requirements through a separate standard. Under NOM‑051‑SCFI/SSA1‑2010, the information provided on labels for pre‑packaged food and non‑alcoholic beverages must be true and described and presented in a manner in which the consumer is not misled as to the nature and characteristics of the product.
Announced in March 2020, the revisions to NOM‑051‑SCFI/SSA1‑2010 were meant to clarify certain provisions related to nutritional labelling as well as front‑of‑package labelling. Most of the changes are already in effect, although certain provisions will be phased in over a period of several years. According to the new enforcement guidelines, during 1 April‑31 May 2021 the Federal Consumer Protection Agency (Procuraduría Federal del Consumidor, or PROFECO) and the Federal Commission for Protection against Health Risks (Comisión Federal para la Protección contra Riesgos Sanitarios, or COFEPRIS) will not penalise importers, producers or sellers whose products comply with the new front‑of‑package labelling system as part of the complementary nutritional information but which do not include all other commercial and sanitary information required by the March 2020 amendments. This additional information is being required from 1 April 2021.
Additionally, during 1 April‑31 May Mexican authorities will not consider that there is an infringement of the commercial and sanitary information requirements if a label displays children’s characters, animations, cartoons, celebrities, athletes, pets or interactive elements, when a product must display the new front‑of‑package labelling system as well as the specifications of the nutritional declaration, product name, list of ingredients, declaration of allergens and added sugars, declarations of nutritional and healthy properties, and recommendations or acknowledgments of organisations or professional associations.
Moreover, the use of self‑adhesive or decal labels by importers or domestic producers will not be deemed to be an infraction during 1 April‑31 May as long as such labels comply with all applicable commercial and sanitary information requirements.
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