Exporting Products Subject to NOM's

By Margaret M. Gatti, Esquire
(Article appeared in 1997 North American Trade Guide)
All Rights Reserved

A NOM is an acronym for Norma Official Mexicana which loosely translated means official Mexican standard. In addition to being official product standards, however, NOM. s are also mandatory product standards which apply to products produced in Mexico as well as to products imported into Mexico. NOM. s are developed by the Mexican Bureau of Standards (Direccion General de Normas or DGN) which reports to the Mexican Commerce Ministry (the Secretaria de Comercio y Fomento Industrial or SECOFI).

There are two categories of NOM. s. The first category of NOM relates to product performance and\or product safety. This category of NOM is applicable to products such as building and construction materials, electronics, chemicals, pharmaceuticals and medical equipment. The second category of NOM are NOMs regarding specific commercial information which must be marked on products sold to consumers. This latter type NOM generally prescribes labeling requirements for products. NOMs which prescribe labeling requirements differ based on product. There are various product specific labeling requirements, such as labeling requirements for food and non-alcoholic beverages (NOM-051-SCFI-1994) , labeling requirements for electric and electronic products (NOM-024-SCFI-1993) and labeling requirements for textiles and apparel. In addition, there are generic labeling requirements (NOM-050-SCFI-1994) which apply to all other consumer products not covered by a product specific labeling requirement, unless a product is otherwise expressly exempted.

Based on the fact that not all products are subject to NOMs and based on the fact that there are currently hundreds of NOM. s in existence, the initial problem encountered by exporters when exporting products to Mexico is the determination as to whether or not their products are subject to a NOM and if so, to which NOM. These determinations were made easier in June 1997 when SECOFI published a list of products affected by NOM. s in the June 2, 1997 edition of the Diario Official, the Mexican version of the Federal Register. This listing in the Diario Official, which consists of 136 pages, delineates all products subject to NOMs and references the products by harmonized tariff number. In addition, the listing in the Diario Official indicates the NOM to which each referenced product is subject and the date when the relevant NOM was published. The June 1997 listing of products subject to NOMs is available as of the date of this article through the National Institute of Standards in Gaithersburg Maryland.

Once an exporter determines that its product is subject to a NOM, the next problem faced by an exporter in exporting to Mexico, is compliance with the NOM. Compliance, however, is not always easy as NOMs are steadily developing and as the NOMs which have been developed to date frequently exhibit vague language that allows for arbitrary interpretation and application. In addition, it is not always clear which NOMs are going to be implemented where, when and how. Mexico is trying to improve NOM clarity and has established a hotline which exporters can call directly on any specific NOM compliance questions they may have. The telephone number for the hotline is 525-729-9486 and callers must be prepared to communicate in Spanish.

The final problem faced by exporters in exporting to Mexico products subject to NOMs is enforcement of NOMs in Mexico. Enforcement is currently scheduled to take place at different points by different entities. Exporters, who desire to export to Mexico products which are subject to a NOM that specifies product performance and/or product safety requirements, must obtain a NOM certification issued by SECOFI through their Mexican importer prior to exporting the product to Mexico. Likewise, exporters who desire to export to Mexico products which are subject to a NOM that specifies labeling requirements have to obtain NOM certification by application of their Mexican importers either through SECOFI if the product is labeled prior to exportation to Mexico or through an approved Verification Center if the product is labeled in Mexico after exportation. In addition to SECOFI and the approved Verification Centers, two other Mexican government agencies deal with NOM enforcement. Mexican Customs deals with NOM enforcement upon entry of products into Mexico and the Mexican Consumer Protection Agency (Procurador Federal Consumidor or PROFECO) deals with the enforcement of NOMs that specify labeling requirements upon the placement of products on the shelves of Mexican retails outlets (on-shelf enforcement).

SECOFI officials have allegedly agreed to a period of soft enforcement for the recently enacted labeling regulations which appear to have caused a great deal of consternation and confusion. This period of soft enforcement, however, is intended to apply only to firms that have made a good-faith effort to comply with Mexicos labeling regulations. While the promise of soft enforcement is encouraging, it is not clear if it will be followed, as SECOFI has no authority over Mexican Customs or the Mexican Consumer Protection Agency and as the NOM enforcement circulars which SECOFI distributes to Customs and the Mexican Consumer Protection Agency are not legally binding. In any event, hard enforcement for all NOMs is not far away, however, and U.S. exporters who export to Mexico would be well advised to investigate the NOMs which apply to their products and make plans for compliance.