New General Labeling Standard (PART 1 of 2)

New General Labeling Standard (PART 1 of 2)

Baker & McKenzie

General Aspects

On June 1, 2004, the Ministry of Economy published in the Federal Official Gazette the labeling Mexican Official Standard ("NOM") named NOM-050-SCFI-2004 – Commercial Information – General Labeling of Goods (hereinafter "NOM-050-2004"), providing general labeling requirements and repealing NOM-050-SCFI-1994, Commercial Information – General Provisions for Goods (hereinafter "NOM-050-1994").

NOM-050-2004 explains in detail some provisions that were not clearly described in NOM-050-1994 or that were described through "internal criteria" issued by the General Direction of Standards.

It is important to mention that NOM-050-2004 will become effective 60 calendar days after its publication in the Federal Official Gazette (i.e. July 31, 2004), except for the change regarding the obligation of expressing information in a font size that is readable at first sight", which will become effective 18 months after its publication (i.e. December 1, 2005).

Below please find a brief summary of the most relevant differences between NOM-050-2004 and NOM-050-1994:

ObjectiveThe purpose of NOM-050-is setting forth the commercial information that must be contained on products produced domestically and those imported into Mexico, which are destined to consumers in Mexican territory, and it specifying the characteristics of such information, while NOM-050-1994 focused on products of national and foreign production.

Scope of application

In addition to the general exceptions to the scope of application set forth in NOM-050-1994, NOM-050-2004 does not apply to the following:

	Album stamps, software, phonograms, videos, audiocassettes, videocassettes, among others; and,
	Replacement or spare parts that are acquired by means of catalogs and identified by part numbers or codes, referring to a trademark and model, used solely to render a service or repair products.

Definitions

Among the new or amended definitions set forth in NOM-050-2004 are the following:

New Definitions:

Readable "at first sight": Reading performed under normal lighting and where the printed information is at least 1,5 mm in height. For products with a principal display area equal or less than 32 cm2, the printed information must have at least 1 mm in height.

Warning legends: The text, symbol, graphic representation or a combination thereof, that informs and prevents the consumer of the possible harms to his or her health and safety, that may be caused by the presence of a specific ingredient or the improper use or application of the product.

Country of origin: The place of manufacture, production or assembly of the product.

Information Area: Any area of the packaging other than the principal display area.

Amended Definitions:

Consumer: The individual or entity that acquires, carries out or enjoys goods, products or services as end-user. The following exception is eliminated from the definition included in NOM-050-1994: "Individuals or entities that acquire, store, use or consume products for the purpose of integrating them into production, transformation or commercialization processes or the rendering of services to third parties, are not consumers". This exception was eliminated in order for this definition to be consistent with the definition of consumer included in the Federal Consumer Protection Law.

Multiple or Collective Container: Is defined in NOM-050-2004 as any container or wrapping in which two or more equal or different varieties of prepackaged products are contained, destined for its retail sale in such presentation.

This definition comprises the definitions for "multiple container" and for "collective container" that were included in NOM-050-1994.

Label: NOM-050-1994 defines "label" as any sign, tag, inscription, image or other descriptive or graphic material, writing, printed material, stencil, marking, engraving, in high or bas-relief, adhered or superimposed onto the product, its container or, when it is not possible due the characteristics of the product or its container, to the packing.

NOM-050-2004 adds the alternative of "fixing the labels to the product" to the definition included in NOM-050-1994.

Instruction or Operation Manual: Is defined in NOM-050-2004 as the information printed on the label or in an enclosed document, that contains the instructions for use, handling and, if applicable, caution and warning legends and information for the installation, care and maintenance of the product, addressed to the final user.

This definition comprises the definitions for "instructions" and for "operation manuals" that were included in NOM-050-1994.

Dangerous Products: NOM-050-2004 defines them as those that during their handling and use may place the consumer's safety in risk if the manufacturer's recommendations are not followed.

NOM-050-1994 only defined them as those defined as dangerous by the Mexican official standards and by the applicable legislation.

Ministry: NOM-050-2004 defines it as the Ministry of Economy. NOM-050-1994 defined it as the Ministry of Commerce and Industrial Development (SECOFI), which is the former name of the Ministry of Economy.

Principal Display Area: Area where the name and trademark of the product are displayed. The following is eliminated from the definition included in NOM-050-1994: "Part of the label or package given the greatest importance for placement of the name and trademark of the product, excluding the tops and bottoms of cans, tops of flasks, shoulders and necks of bottles". It should be noted that the above does not mean that the tops and bottoms of cans, tops of flasks and shoulders and necks of bottles may now be considered as the Principal Display Panel, since this limitation remains in NOM-030-SCFI-1993.

By Baker & McKenzie

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