What permits do you need to produce and market Tequila?

Tequila, like mezcal, is a 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 the authorization to use the Denomination of Origin.
2. Comply with the Official Mexican Standards (NOMs).
3. Adhere to the Labelets corresponding.
4. Dar Operating Notice.
5. Get the Advertising Permit.

1. Denomination of Origin (DOT)

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” To the agave distillate that you want to produce and market, you must have the authorization to use the “Tequila” Denomination of Origin. If you don't have that authorization, you can't say that your drink is tequila and will be a simple agave distillate.

• If you are going to produce: You must submit an application to the Mexican Institute of Industrial Property (IMPI) and have, among other things, proof of compliance with the Official Mexican Standard (NOM).
• If a third party makes you up and you sell under your own brand (Marketer): You must attach to your application to the IMPI a co-responsibility agreement with the authorized producer.

2. Official Mexican Standard (NOM)

The main Official Mexican Standard that you should use is the 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 fully comply with this standard.

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

3. Marbetes

Los Labelets They are the small labels or holograms that are attached to all bottles of high-strength alcoholic beverages. This label is provided by Secretariat of Finance and Public Credit (SHCP) through the SAT and it's mandatory.

Before applying for the labels, you must register with the List of Alcoholic Beverages Taxpayers and then comply with your tax obligations.

4. Operating Notice

El Operating Notice It 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.

5. Advertising Permit

In addition, if you are going to advertise your tequila, even on social networks, you must apply to the same authority (COFEPRIS) for Advertising Permit.

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 appropriate authorizations, consider that the consequences are serious and entail the imposition of fines and/or the destruction of your product.

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