Important update for Canadian exporters to Mexico

Avoid having your food products and non-alcoholic beverages removed from Mexican shelves or not allowed to be sold in Mexico.

Canadian exporters of foods and non-alcoholic beverages destined for retail sale in Mexico need to ensure that the labels/stickers on their products comply with the labelling requirements that are part of the Mexican Official Standard: NOM-051-SCFI/SSA1-2010 (including its latest amendment from March 2020). The last amendment to NOM-051 included labelling changes, which are mandatory for both domestic and imported products, and aim to encourage Mexicans to adopt a healthier diet. The new requirements are being implemented in three stages: the first stage began on December 1, 2020, the second stage is planned to start on October 1, 2023, and the third stage on October 1, 2025. It is important to note that the first stage included major changes.

Canadian exporters shipping to Mexico food and non-alcoholic beverages for retail sale are strongly advised to work with their Mexican importers and/or private verification units authorized by the Mexican government to make any required adjustments to their labels/stickers in order to make them compliant with the NOM-051 currently in force, in order to avoid any disruptions to the sale of their products in Mexico or penalties for their Mexican partners. We understand that once a private verification unit approves a label, it can issue a “compliance certificate”, which can be presented when the products arrive at the Mexican border to facilitate the inspection/import process.

A list of private verification units for NOM-051 can be found here (please look in a web-search engine for the contact information of the verification unit of interest).

Below is a summary of some of the front of package (FOP) nutritional labelling provisions that were included in the last amendment of NOM-051, but Canadian exporters are encouraged to review all requirements in the full text of the current NOM-051 (in Spanish only).

In the event of discrepancies between this summary and the amendment to NOM-051 as published in Spanish, the latter shall prevail.

Octagonal black warning seals

As of December 1, 2020, black, octagonal-shaped warning seals are required to appear in the front-of-package of foods and non-alcoholic beverages that have added sugars, fats or sodium, and that exceed pre-established thresholds for these components. Below is an example of the octagonal black seals to caution consumers that products contain an “excess” of these components, and the location where these seals are expected to appear. Please note that the size and location of the seals could change depending on the package (details are included in the full text of NOM-051).

Description of above image

A series of five, separate, black octagonal seals in Spanish, with text noting "Excess calories", "Excess sodium", "Excess trans fats", "Excess sugars", and "Excess saturated fats". Underneath each octagon is the text "Secretaría de Salud", which is the Mexican Secretary of Health.

Description of above image

A grey box, representing a food package, with a three of the above octagonal warning seals placed on the front of the package in the top-right. The seals are not readable from the image and are included for illustration purposes.

Thresholds for certain nutrients

The following tables outline the thresholds that are being applied during the three stages of enforcement. In some cases (e.g., energy and sodium), the thresholds become stricter from one stage to the next.

Thresholds that determine when black seals must be included on labels during stage 1
Period of enforcement - December 1, 2020 to September 30, 2023
  Energy Sugars Saturated Fats Trans Fats Sodium
Solids in 100 g of product ≥ 275 total kcal ≥ 10% of the total energy coming from free sugars. Beverages with <10 kcal of free sugars are exempted from the seal ≥ 10% of the total energy coming from saturated fats ≥ 1% of the total energy coming from trans fats   ≥ 350 mg Calorie-free beverages:
≥ 45 mg
Liquids in 100 ml of product ≥ 70 total kcal
or
≥ 10 kcal of free sugars
Legend to use EXCESO CALORÍAS (Excess of Calories) EXCESO AZÚCARES (Excess of Sugars) EXCESO GRASAS SATURADAS (Excess of Saturated Fats) EXCESO GRASAS TRANS (Excess of Trans Fats) EXCESO SODIO (Excess of Sodium)

Notes:

  • If sugars are added during the production process, then sugars and calories must be evaluated.
  • If fats are added during the production process, then saturated fats, trans fats and calories must be evaluated.
  • If sodium is added during the production process, then only sodium must be evaluated.
Thresholds that determine when black seals must be included on labels during stage 2
Period of enforcement - October 1, 2023 to September 30, 2025
  Energy Sugars Saturated Fats Trans Fats Sodium
Solids in 100 g of product ≥ 275 total kcal ≥ 10% of the total energy coming from free sugars. ≥ 10% of the total energy coming from saturated fats ≥ 1% of the total energy coming from trans fats  ≥ 1 mg of sodium per kcal
or
≥ 300 mg Calorie-free beverages:
≥ 45 mg
Liquids in 100 ml of product ≥ 70 total kcal
or
≥ 8 kcal of free sugars
Legend to use EXCESO CALORÍAS (Excess of Calories) EXCESO AZÚCARES (Excess of Sugars) EXCESO GRASAS SATURADAS (Excess of Saturated Fats) EXCESO GRASAS TRANS (Excess of Trans Fats) EXCESO SODIO (Excess of Sodium)

Notes:

  • If sugars are added during the production process, then sugars and calories must be evaluated.
  • If fats are added during the production process, then saturated fats, trans fats and calories must be evaluated.
  • If sodium is added during the production process, then only sodium must be evaluated.
Thresholds that determine when black seals must be included on labels during stage 3
Period of enforcement - October 1, 2025 onward
  Energy Sugars Saturated Fats Trans Fats Sodium
Solids in 100 g of product ≥ 275 total kcal ≥ 10 % of the total energy coming from free sugars. ≥ 10 % of the total energy coming from saturated fats ≥ 1 % of the total energy coming from trans fats  ≥ 1 mg of sodium per kcal
or
≥ 300 mg Calorie-free beverages:
≥ 45 mg
Liquids in 100 ml of product ≥ 70 total kcal
or
≥ 8 kcal of free sugars
Legend to use EXCESO CALORÍAS (Excess of Calories) EXCESO AZÚCARES (Excess of Sugars) EXCESO GRASAS SATURADAS (Excess of Saturated Fats) EXCESO GRASAS TRANS (Excess of Trans Fats) EXCESO SODIO (Excess of Sodium)

Notes: These provisions will apply as follows:

  • If either free sugars, fats or sodium are added to the product during the production process; and
  • The value of energy, quantity of free sugars (total sugars including added sugar plus the sugar naturally present in the product), saturated fat, trans fat and sodium, fall within the nutritional profile indicated in the above table.

All the provisions included in section 4.5.3 of the amendment to NOM-051 will be applied once the last stage starts.

If no sugars, fats or sodium are added to the product during the production process, companies would have the benefit of not having to evaluate the product for the inclusion of warning black seals. However, companies are encouraged to consult with an expert/authorized verification unit their particular case.

Specific provisions related to the octagonal warning signs

  • In the case of products that require preparation prior to their consumption, “trans fats” that is present naturally in meat and dairy products is excluded.
  • Some single-ingredient products such as vegetable oils, animal fats, sugar, honey, salt and cereal flour are exempted from the warning signs.
  • The amendment to NOM-051 requires the label to include as many warning signs as are necessary. Details about the order of priority, size, presentation and specific cases related to the octagonal seals (e.g., when a collective package includes more than one type of product or when the front of the package is smaller than 40 cm, etc.), are included in the amendment to NOM-051.
  • According to an official criteria to evaluate compliance of NOM-051 that Mexico published on July 10, 2020, stickers are allowed on imported products, as long as they comply exactly with all the commercial/sanitary information requirements included in the Amendment to NOM-051.

Cautionary warnings/legends to discourage the consumption of sweeteners or caffeine by children

As of December 1, 2020, rectangular-shaped warnings are required (when applicable) with the following text and in the following format/legend (CONTAINS SWEETENERS, NOT RECOMMENDED FOR CHILDREN) / (CONTAINS CAFFEINE – AVOID IN CHILDREN):

Description of above image

Translation: Contains sweeteners, not recommended for children

Description of above image

Translation: Contains caffeine - avoid in children

Products without octagonal warning seals or cautionary legends are allowed to include a legend saying: “Este producto no contiene sellos ni leyendas” (This product does not contain warning seals or legends).

Other new requirements that came into force on April 1, 2021

  • The name of the product must appear in bold in the main exhibition surface of the product, with a specific size, and using the same font (details are included in the text of the NOM).
  • No cartoons, celebrities, athletes or other characters appealing to children allowed on the labels of products with one or more octagonal black seals.
  • Endorsement of products by organizations or associations only allowed if proper scientific documentation is presented, and the products do not exceed one or more octagonal black seals.
  • Health and nutritional claims are allowed on products that have octagonal black seals, but must follow special conditions.
  • “Substitute products” required to include the word “IMITACIÓN” (IMITATION) in capital letters and bold before the name of the product.
  • Added sugars must be declared as: azúcares añadidos (added sugars) in the list of ingredients.
  • Additional products are included in the list of allergens that must be declared, such as molluscs.
  • The use of the terms: “Orgánico” (organic), “Ecológico” (ecologic) and “Biológico” (biologic), are subject to the provisions of the Organic Products Law.
  • In the case of imported products, the following legend is allowed: “fabricado o envasado por o para” (produced or bottled for), followed by the name and address of the importer.

Exemptions to NOM-051

The following products can be exempted from complying with the labelling requirements of NOM-051:

In the past, Mexico accepted that importers presented a letter under oath requesting the exemption, but as of Oct. 1, 2020, Mexican importers need to declare in the “PEDIMENTO” (official document that is presented at Mexican Customs for importing a shipment), a specific identification code to identify the products as excluded from NOM-051.

Exporters that want to make use of the exemption to NOM-051, are strongly recommended to confirm with their Mexican importer, that the Mexican customs broker who will handle the customs clearance of the goods, will include the required identification code in the PEDIMENTO document, in order to obtain the labelling exemption. Products exempted from complying with NOM-051, would just need to include a simple label with some general information (this information must also be confirmed with the Mexican importer/customs broker).

Samples could also be exempted from complying with NOM-051. Exporters need to confirm with the Mexican importer/customs broker handling the samples, how the samples and required documentation should be prepared, in order to obtain this exemption.

For more details regarding the new labelling requirements, including when and how the information should be presented, we invite you to consult the full text of the new NOM-051.

For any questions, contact Trade Commissioner Alejandro Ruiz (Alejandro.ruiz@international.gc.ca).