What permits do you need to produce and market tequila?

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May

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2023

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What permits do you need to produce and market tequila?

Having permits and authorizations is essential to produce and market tequila. Here we'll explain what they are and how to get them.

Flavio Diego Ixtlahuac Rodríguez

Esp. in Intellectual Property

d.rodriguez@rmgsc.com

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Tequila, as well as mezcal, is a highly famous and distinctive agave distillate that is marketed around the world. For this reason, the Mexican government has imposed strong regulations in this regard to protect it and maintain its quality and authenticity.

If your goal is to produce or market tequila, you must consider five basic aspects to achieve this:

1) Acquire authorization to use the denomination of origin,

2) Comply with Official Mexican Standards,

3) Adhere the corresponding labels,

4) Give operational notice, and

5) Get advertising permission.

At RMG, we would love to be part of your project. Contact us.

DENOMINATION OF ORIGIN.

As you probably already know, the word “tequila” is protected by a legal figure called “denomination of origin”. The designation of origin refers to a product originating in an area whose characteristics and reputation are primarily due to that area.

In this sense, in order to be able to name “tequila” the agave distillate you want to produce and market, you must have the authorization to use the “Tequila” designation of origin. If you don't have that authorization, you can't say that your drink is tequila and it will be a simple agave distillate.

If your intention is to produce tequila, you must submit an application to the Mexican Institute of Industrial Property and have, among other things, proof of compliance with the Official Mexican Standard. On the other hand, if a third party makes you up and you sell the drink under your own brand, you must attach to your request a co-responsibility agreement with the IMPI.

OFFICIAL MEXICAN STANDARD.

The main Mexican Official Standard you should use is NOM-006-SCFI-2012, which deals with the specifications of tequila, in particular, those that establish quality control, health, classification, production, labeling, packaging, chemical composition, among others. In this understanding, in order to produce and market tequila, you must comply with the length and width of this standard.

Once you are sure that your tequila fully complies with this standard, you must apply to the Tequila Regulatory Board for a certificate certifying that you meet the specifications of the standard in question. Once you have this certificate, you can go to the IMPI and request authorization to use the name “Tequila”.

LABELS.

Labels are the small labels or holograms that are attached to all bottles of high-strength alcoholic beverages. This label is provided by the Ministry of Finance and Public Credit through the SAT and is mandatory.

Before applying for the labels, you must register on the Alcoholic Beverage Taxpayer Register and then comply with your tax obligations.

OPERATING NOTICE.

The Operating Notice is an obligation for producers of distilled agave beverages to inform the health authority about their production. In this case, if you are the one who makes the tequila, you must submit your Operating Notice to COFEPRIS to operate without restrictions.

In addition, if you are going to advertise your tequila, even on social networks, you must request an advertising permit from the same authority.

Keep in mind that if you don't meet any of the above requirements, you won't be able to produce or market tequila. If you decide to operate without the appropriate authorizations, consider that the consequences are serious and entail the imposition of fines and/or the destruction of your product.

At RMG, we would love to be part of your project. Contact us.

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