MINISTRY OF ECONOMY PUBLISHES MODIFICATIONS TO MEXICAN OFFICIAL STANDARD NOM-051-SCFI/SSA1-2010, WHICH SETS FORTH THE COMMERCIAL AND SANITARY SPECIFICATIONS MATTERS OF LABELING FOR PRE-PACKAGED FOOD AND NON-ALCOHOLIC BEVERAGES.

Due to the reforms and additions to the General Health Act in matters of overweight, obesity and labeling of food and non-alcoholic beverages setting a frontal warning system, published in the Federal Official Gazette (DOF for its acronym in Spanish) on November 8, 2019; last March 27, 2020, the Ministry of Economy published, in the evening edition of the DOF, the Modification to Mexican Official Standard NOM-051-SCFI/SSA1-2010, General labeling specifications for pre-packaged food and non-alcoholic beverages – Commercial and sanitary information.

The modifications to NOM-051-SCFI/SSA1-2010 have the purpose to establish a frontal labeling system warning, clearly and truthfully, about the content of critical nutriments and ingredients representing health risks if consumed excessively.

The dispositions set forth in the new Frontal labeling system chapter, as well as the dispositions set forth in sections 7.1.3 and 7.1.4 regarding sweeteners and added caffeine will enter into force as of October 1, 2020.

Al other modifications to NOM-051-SCFI/SSA1-2010 will become effective on April 1, 2021.

For the calculation and evaluation of the values and profiles concerning complementary nutritional information, three different stages have been set, same that will operate progressively, as follows:

a) Between October 1, 2020 and September 30, 2023, the calculation and evaluation of the complementary nutritional information will be conducted as per the following criteria and values:

  • If added sugars are incorporated, both sugars and calories will have to be evaluated.
  • If fats are added, saturated fats, trans fats and calories will have to be evaluated.
  • If sodium is incorporated, only sodium would have to be evaluated.

The nutrimental profiles to be evaluated in this first stage are:

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 excepted of stamps

≥ 10 % of the total energy coming from saturated fats

≥ 1 % of the total energy coming from trans fats

≥ 350 mg

Calorie free drinks: ≥ 45 mg

Liquids in 100 ml of product

≥ 70 total kcal or ≥ 10 kcal of free sugars

Wording to be used

EXCESS CALORIES

EXCESS SUGARS

EXCESS SATURATED FATS

EXCESS TRANS FATS

EXCESS SODIUM

 

During this first stage, the specifications set forth in section 4.5.3 (Complementary nutritional information) of the modification of the standard nor the values set forth in Chart 6 (section 4.5.3) concerning Nutrimental Profiles, will not be in force.

b) Between October 1, 2023 and September 30, 2025, the calculation and evaluation of the complementary nutritional information will be conducted as per the following criteria and values:

  • If added sugars are incorporated, both sugars and calories will have to be evaluated.
  • If fats are added, saturated fats, trans fats and calories will have to be evaluated.
  • If sodium is incorporated, only sodium would have to be evaluated.

The nutrimental profiles to be evaluated in this second stage are:

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 drinks:

≥ 45 mg of sodium

Liquids in 100 ml of product

≥ 70 total kcal or ≥ 8 kcal of free sugars

Wording to be used

EXCESS CALORIES

EXCESS SUGARS

EXCESS SATURATED FATS

EXCESS TRANS FATS

EXCESS SODIUM

 

During the second stage, the specifications set forth in section 4.5.3 (Complementary nutritional information) of the modification of the standard will not be in force.

 

c) As of October 1, 2025, the calculation and evaluation of the complementary nutritional information will be conducted by applying, comprehensively, the dispositions set forth in Section 4.5.3 Complementary nutritional information, as well as Chart 6 of the same Section, concerning Nutrimental Profiles.

The Federal Consumer Protection Agency must issue, before October 1, 2020, the Guidelines for the registry and recognition of the professional organizations and associations able to issue the recommendations stamps and wording for food and non-alcoholic beverages, in order to be able to comply with the dispositions set forth in section 4.1.4 (recommendation stamps and wording by professional organizations and associations).

No later than September 27, 2020, the Ministry of Economy and the Ministry of Health will determine, jointly, and within the scope of their respective powers, the proper indicators of both quantitative and qualitative data that will allow the evaluation and technical support of the results in the implementation of the modification to NOM-051-SCFI/SSA1-2010.

Each one of the stages previously described will be evaluated separately through the application of the abovementioned indicators as soon as said phases are concluded, under the understanding that the last evaluation will be conducted with the data obtained as of September 30, 2028.

Finally, the Accordance by means of which the Guidelines referred to in article 25 of the Regulations for Sanitary Control of Products and Services are issued, which will have to be observed by pre-packaged food and non-alcoholic beverages manufacturers for purposes of the information that will have to be shown in the frontal exhibition area, as well as the criteria and characteristics for the obtaining and use of the nutritional badge set forth in article 25 Bis of the Regulations for Sanitary Control of Products and Services, published in the DOF on April 15, 2014, have been repealed.

The lawyers of the Health Law Practice are at your disposal to clarify any query you may have over these topics.

 

Daniel del Río

delrio@basham.com.mx

Rodolfo Barreda Alvarado

rbarreda@basham.com.mx

Ricardo Evangelista

revangelista@basham.com.mx

Mariana Arrieta

marrieta@basham.com.mx

Mexico City, March 31st, 2020.