Application for Participation as an Associate.

 

Any person who wishes to be an Associate of the CRT must submit a written request addressed to the Director General, in which they must indicate:

a) Your full name, reason or company name; b) Principal Address and, if applicable, of each and every one of its offices, plants or establishments in which it produces Agave or elaborates, matures and bottles Tequila;c) Indication of its activities to determine the sector to which it belongs; d) Declaration of obligation to comply with the Statutes and the Internal Regulations, and in particular, to pay punctually the fees that are set annually, by the General Assembly of Associates; e) In case of being producers or bottlers of Tequila, the data of their authorization, granted both by the Mexican Institute of Industrial Property; IMPI, to use the Denomination of Origin, as per the General Directorate of Standards; DGN to produce and/or bottle Tequila; f) Statement of being willing to provide the CRT with any other information that the CRT reasonably requests.

 

Documents That Must Accompany the Application.

 

 The request referred to in the previous article must be accompanied by a copy of the Federal Taxpayer Registry of the applicant and his or her last declaration of the payment of Income Tax and its registration with the corresponding Chamber, in order to that it can be registered in any of the Sections referred to in Article Six of the Statutes. In the absence of such documentation, the Director General of the CRT may indicate that other information or method of proof be submitted that in his opinion allows the applicant to be properly registered.

Likewise, it must accompany the payment of the annual fee that the General Assembly of Associates has determined for the fiscal year in which the request is made.

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Associate Application Forms. The CRT may, if so determined by the Director General, provide the applicants with an application format, and in such case, only those who have registered in said format will register as Associates.

Process. The CRT must register all those people who request to participate as Associates and who comply with the provisions of the previous articles. They may only be excused from registering an applicant, when it is known that the applicant is in suspension of payments or bankrupt, or when he is subject to any criminal or fiscal procedure from which it may be derived that he will not be in a position to comply with its obligations as an Associate.

Additional Information.

All CRT Associates, by the simple fact of being Associates, will be obliged to provide the CRT, in addition to the information they must provide in accordance with the Statutes and that contained in the corresponding Manuals and Procedures, upon request, the following information:

a) Trademarks, registered or not, with which it markets Tequila, whether they are its own or those of one or more distributors or customers;

b) Copy of the official documents issued by the IMPI of the Tequila Sales Contracts in bulk, national and export;

c) Average and unit costs, as well as production volumes, both for the acquisition of Agave, its production, maturation and packaging processes, as well as for the sale of Agave or Tequila, as the case may be;

d) Description of the main problems that have been found in the performance of its activities, and;

e) Any change in the information previously provided to the CRT.

Associate Rights.

In addition to the rights that the Statutes grant to Associates, by the simple fact of being Associates, they will have the following prerogatives:

a) Receive at no cost the magazine or other publications prepared by the CRT;

b) Receive the services provided by the CRT, at preferential rates or quotas, under the following criteria:

I.- Services must be provided to Associates at rates or fees lower than those applied to non-Associated Clients of the CRT;

II.- They are established annually, with the approval of the General Assembly of Associates.

c) Those others approved by the General Assembly of Associates.

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Confidentiality.

The CRT must store all the information it receives from the Associates, in an adequate and secure manner, making sure that no unauthorized person will have access to said information, which must be treated with the strictest confidentiality and may be used exclusively for its analysis with a view to the good performance of the CRT Certification and Inspection activities and to publish statistics and other general information about Tequila, as well as that requested by the competent authorities.

Obligations of the Associates. In addition to the obligations established in these Internal Regulations and in the Statutes, the Associates will be, by the simple fact of being Associates, as applicable, subject to compliance with the following additional obligations:

a) Incorporate within its activities, systems for quality assurance in terms no less demanding than those contained in the Mexican Standards of the CC series;

b) Promptly notify the CRT of any change in the information provided to it;

c) Acquire Agave, only from people whose plantations have current registration with the CRT.

d) Provide the CRT with the information contained in the Formats;

e) Keep updated internal records of purchases and sales of Agave and Tequila. These records must contain precise data on price, volume, supplier, buyer and final destination of the sale.

f) Support the activities of the CRT and its Collaborators and to that effect, allow, accept and facilitate the inspections, audits, tests and certifications carried out by the CRT Employees. Said support implies providing access to facilities, books, records and other information that is requested by CRT employees, in the performance of their activities;

g) Make the President of the Board of Directors aware of any irregularity detected in the performance of CRT activities by any CRT Employee;

h) Only use their resting and/or aging cellars for Tequila and not any other product;

i) Bottle 100% Agave Tequila, only in bottling plants owned by the producer, located within the Denomination of Origin Zone.

 

COMMERCIALIZATION

 Regulatory size, Authorized caps, Regulatory label, according to NOM-142-SSA1

Maquila Unit Operations

Unit operations maquila activities must be carried out only between Authorized Producers, and invariably include these provisions in the corresponding maquila contract. It is the co-responsibility of the signing parties of the maquila contract to meet the requirements, as well as to present a notice of commencement of work before the Conformity Assessment Body, at least three calendar days in advance. The maquilas must include, at a minimum, the unitary operations of hydrolysis, extraction, formulation, fermentation and distillation; therefore, the maquilas of said unit operations separately are excluded.

Packing

As a Tequila bottler, you must demonstrate, at all times, that the product has not been adulterated from its delivery or reception in bulk until its final packaging. For such purposes, the packaging activity is subject to the following guidelines:

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1.- In the case of the category referred to as 100% tequila, the product must be matured and bottled within the territory included in the Declaration in the bottling plant of the Authorized Producer. In the event that the bottling plant is not located in the factory facilities, the bulk transfer of the product must be supervised by the Agency, in accordance with the procedures in force approved by the DGN. The bottling plant is considered to belong to the Authorized Producer when the latter maintains full control of the bottling process.

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2.- The Tequila defined as mixed tequila, can be bottled in bottling plants outside an Authorized Producer when the following requirements are met:

a) Producer and bottler must obtain the CAE from the DGN, in accordance with the procedure registered in the Federal Registry of Procedures and Services, identified with the homo-key: "SE-04-017 Certificate of Approval of Tequila Bottlers", or the one that replaces it. The CAE is granted as long as the SE has evidence that the Conformity Assessment Body is provided with all the facilities to carry out on-site verifications of the existence, functioning and operation of the bottling plants.

 b) The bottler to whom the CAE has been issued by the SE, must report quarterly to the Conformity Assessment Body, all the movements of Tequila entering and leaving its facilities, its initial and final inventories of the period, as well as the losses of the reported period. These reports must be detailed by specific brands, volume and batch number in the case of products packaged as Tequila and for products where Tequila is used as an ingredient, the bottler must state in the reports the exact amount of Tequila incorporated into the product, specifying brand and final product. The information must be sent to the Conformity Assessment Body by electronic means within the first fifteen (15) calendar days after the following quarterly periods: First: from January to March; Second: from April to June; Third: from July to September; Fourth: from October to December, in the format determined by the Conformity Assessment Body.

c) Authorized Producers are responsible for:

(i) Process the Bottler's Certificate of Approval before the SE; (ii) Contribute to the timely delivery of the quarterly reports indicated in subparagraph b) above; (iii) Carry out the corresponding procedures before the approved bottler so that the Conformity Assessment Body has the necessary facilities to carry out inspections, in the event that there are elements that, in the opinion of the Conformity Assessment Body, merit an on-site inspection. In the event that the Conformity Assessment Body or the competent Unit determines a breach of the obligations,   will not issue the Certificate of National Transfer or Export of Tequila, as appropriate, and the SE will cancel the corresponding CAE .

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3.- Any bulk transfer of Tequila must be supervised by the Conformity Assessment Body in accordance with the procedures in force of said Body approved by the DGN. The packaging process is subject to batch verification by the aforementioned Organism. It is not allowed to transport Tequila in bulk outside the territory. The bottler that is not an Authorized Producer must not use more than one supplier of Tequila per Tequila brand.

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 4.- The bottler who is not an Authorized Producer can only filter and dilute it with potable, distilled or demineralized water to obtain the commercial alcoholic content of the Tequila within the parameters allowed in this standard. Therefore, it cannot mature or lead the same.

5.- The packer, who is not an Authorized Producer, can only pack the product that has been produced under the supervision of the Conformity Assessment Body. For this reason, you must verify that each shipment you receive has a certificate of compliance with this NOM.

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6.- The bottler must not simultaneously package a product other than Tequila in its facilities, unless it has clearly differentiated packaging lines in the opinion of the Conformity Assessment Body and authorization is obtained from said Body, with due anticipation to the start date of the simultaneous bottling process of any product other than Tequila.

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7.- The bottler must keep an updated record of, at least, the following documents:

a) Remittance notes or invoices for the sale of Tequila and packaging materials, including labels;

b) Physicochemical specifications analysis report prior to marketing, with the parameters permitted in subsection 6.1 of this standard;

c) Copy of the National Transfer or Export Certificates, as applicable; Y,

d) Original of the Certificate of Approval issued by the SE, if applicable.

 

8.- To demonstrate that the Tequila has not been adulterated during the bottling process, the chromatographic analyzes carried out during the sampling at the bottling plant must coincide with the analyzes carried out at the Authorized Producer's factory. The above criterion is also applicable to guarantee the traceability and authenticity of the product sampled in commerce by the competent authority.

9.- Tequila must be packaged in new sanitary-type containers, in glass or polyethylene terephthalate (PET) bottles and others in accordance with sanitary provisions. The capacity of each container should not be greater than 5 liters and in no case should containers with brands that are not the property of the Authorized Producer or approved packer be used under the terms of this standard.

10.- Verification of compliance with the provisions that apply to the packaging activity is carried out through batch inspection carried out for such purposes by the Conformity Assessment Body, independently of the fact that it can be corroborated by any Competent unit.

 

Presumption of non-compliance

If any competent Authority or the Conformity Assessment Body detects a breach of any provision, by any member of the Tequila production, industrial or commercial chain, enforcement, precautionary and, where appropriate, enforcement measures will be applied. sanctions that correspond in accordance with the applicable legislation.

 

Authorizations

Any natural or legal person who wishes to dedicate himself to the production of Tequila must apply to the DGN for authorization to produce Tequila, in accordance with the procedure registered in the Federal Registry of Procedures and Services, identified with the homo-key: "SE-04 -018 Authorization to produce Tequila and/or Tequila 100% Agave", or the one that replaces it and to the IMPI the authorization for the use of the DOT. These documents will be essential to process the Certificate of Conformity.

 

SAMPLING. General requirements

The application of the sampling plan requires Authorized Producers and packers to carry out permanent quality control through their own infrastructure or by contracting the services of accredited and approved conformity assessment bodies in terms of the LFMN, such as certification bodies, testing laboratories and/or verification units.

 

Commercialization

1.- No natural or legal person should produce, package or market any Tequila that is not certified by the Conformity Assessment Body.

2.- The Tequila Producer must obtain from the DGN the authorization to produce Tequia and/or Tequila 100%, in accordance with the procedure registered in the Federal Registry of Procedures and Services, identified with the homo-key: "SE-04 -018 Authorization to produce Tequila and/or 100% Agave Tequila", or the one that replaces it, which will be subject to compliance with this NOM and other applicable regulations. The bulk disposal of Tequila should only be carried out by those natural or legal persons who are Producers

Authorized in terms of this NOM in the understanding that the sale, packaging, marketing, or distribution of tequila in bulk may not be carried out through vending machines, without prejudice to what is indicated by the Competent Authorities. The country and buyer expressed in the Export Certificate issued for these purposes by the Conformity Assessment Body, must coincide with the destination of the exported Tequila. The export certificate must be issued in the number of copies that are necessary to be presented to the competent agencies and the authorities of other countries to which the Tequila is destined, and always accompany the corresponding shipment.

3.- The transfer of Tequila in bulk and its reception must be supervised by the Conformity Assessment Body, which records it in a specific record.

4.- All Tequila must be identified with the Official Password in the terms of the current NOM-106-SCFI and the record of the Authorized Producer that accompanies the Official Password, a record that is assigned by the DGN or by the Evaluating Body of the Tequila. Accordance.

5.- The Authorized Producer and the approved bottler of Tequila must maintain and make available to the Conformity Assessment Body records of the number of liters produced and/or bottled daily, specifying under which brands the product is being marketed.

6.- In addition to the obligation to obtain the CAE, the approved bottler must be registered in the "Bottlers Register" in which Tequila bottlers are identified based on the legal records granted by the country and the number The bottler's registration number before said Register must be included in each National or Export Transfer Certificate issued by the Conformity Assessment Body, as appropriate, for each batch to be certified. The identification number will be the one recognized by the SE, for which the Conformity Assessment Body must inform SE every six months of the assigned identification numbers.

7.-The Authorized Producer is jointly responsible with the approved bottler of Tequila for delivering the required information to the Conformity Assessment Body.

In the event that the Authorized Producer does not help provide the aforementioned information, the Conformity Assessment Body must not issue National Transfer or Export Certificates, as appropriate, with respect to those batches destined for the approved packer, which omit said information, and will issue the respective opinion of non-compliance, for the corresponding legal actions.

8.- The production facilities must not be used by more than one Authorized Producer, neither simultaneously, nor alternatively, nor in place of the Authorized Producer with valid registration with the Conformity Assessment Body. With the understanding that no other product (bottled or in bulk) other than the tequila that is produced in the facilities of the tequila-producing company should be stored. Unless authorization is obtained from the Conformity Assessment Body and the DGN is notified.

9.- The Conformity Assessment Body prepares a bimonthly report where certified products are recorded, identifying them by brand and name of the Authorized Producer that meet the established specifications. Likewise, the Conformity Assessment Body  informs about those products that, according to the verifications carried out, detect that they violate the provisions of the standard. Individuals or legal entities that have authorization to produce Tequila and to use the Denomination of Origin Tequila, they must comply with the provisions established in the standard, in the LFMN, the Industrial Property Law, the Federal Consumer Protection Law and other applicable provisions.

10.- When a brand is intended to be used in Tequila, of which the authorized Producer is the owner or beneficiary, it must be registered. In the event that a brand or any other distinctive sign is intended to be used in the Tequila in accordance with the applicable legislation, regulations or regulations, in the place of commercialization, different from those of which the Authorized Producer is the owner or beneficiary, or that the tequila is bottled by a person other than the authorized producer, the co-responsibility agreement must be presented to the IMPI in accordance with this regulation and the Law of

Industrial property.

10.1 The Tequila bottler must comply with the labeling requirements regardless of compliance with the requirements imposed by the laws of the country to which it is exported, if applicable.

 

11. Commercial information

 

11.1 Marking and labeling

Each container must bear a legible label containing the following information in Spanish, which must be truthful and not mislead the consumer regarding the nature and characteristics of the Tequila:

a) The word "Tequila"; b) Category and class to which it belongs, according to  a  the standard; c) In the case of tequilas, the name of the flavor or flavors, added aromas or the one that predominates in the product, the name of the color must also be declared, if applicable; d) Net content expressed in liters or milliliters, according to NOM-030-SCFI. e) The alcoholic content expressed in percent of alcohol by volume at 20 ºC, which should be abbreviated "% Alc. Vol."; f) Name or business name of the Authorized Producer or of the factory where the Tequila is produced and, if applicable, of the approved bottler; g) Address of the Authorized Producer or of the factory where the Tequila is produced and, if applicable, of the approved bottler; h) Name of the Registered Trademark or any other distinctive sign in accordance with the legislation, regulations or regulations applicable in the place of commercialization, in accordance with the co-responsibility agreement registered with the IMPI; i) The legend "Made in Mexico"; "Product of Mexico"; Elaborado en México", or other similar ones; j) Official password, in accordance with NOM-106-SCFI; accompanied by the registration number of the Authorized Producer. k) Batch: each container must have the identification of the batch to which it belongs engraved or marked. , with an indication in code The identification of the lot that incorporates the Authorized Producer or approved packer must not be altered or hidden in any way; l) The precautionary legends established in the sanitary legislation, m) Any other information required by other legal provisions applicable to alcoholic beverages.

 

12.-Presentation of information

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12.1 Requirements for the national market

At least the information indicated in paragraphs a), b), c), d), e) and h) of subsection 11.1 must appear on the main display area. The rest of the information referred to in that subsection must appear and may be included in any other part of the label or container.

12.2 Requirements for the product for export or packaging abroad

At least the information indicated in subparagraphs a), b), c) and h) of section 11.1 must appear on the main display area. The information contained in subparagraphs i), j) and k) of section 11.1 must appear and may be included in any other part of the label or container. The information contained in subparagraphs b) only with regard to the class, c) and i) of section 11.1, may be translated into another language.

12.3 The commercial information must be free of texts or images or other descriptions that mislead or confuse the consumer due to their inaccuracy, such as "100% natural", "100% Mexican", "100% natural product", "100% reposado" or other similar ones. When the authorized products have an opinion, certificate or other document issued by accredited and approved persons in the terms of the LFMN, compliance will be recognized. Notwithstanding the foregoing, in accordance with the LFMN, when the data or information contained in the labels, containers or packaging of the products is inaccurate; The DGN may order that the pertinent modifications be carried out, granting the authorized producer or the approved bottler the term strictly necessary for it, on the understanding that during said term those products that the Authorized Producer maintains in inventory or are in the supply chain distribution or point of sale, can continue to be marketed, without prejudice to imposing the appropriate sanction. For the purposes of the preceding paragraph, it is understood that the data or information contained in the labels, containers or packaging of the products are inaccurate when they include the required commercial information in an imprecise or erroneous manner, without expressing data or legends that may mislead the consumer. regarding the characteristics of the product you purchase.

 

13. Alcoholic beverages containing tequila, denomination, labeling and specifications

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13.1 In the production, packaging and marketing of alcoholic beverages containing Tequila as an ingredient, compliance with NMX-V-049-NORMEX-2004, Alcoholic beverages-Alcoholic beverages containing Tequila-Denomination, labeling and specifications (see chapter 3 , References).

In the case of the products mentioned, with a brand whose owner is not the authorized producer, the co-responsibility agreement registered with the IMPI must be complied with.

13.2 For the purposes of NMX-V-049-NORMEX, the sanitary specifications related to heavy metals and metalloids contained in NOM-142-SSA1 are applicable, for which NMXV-050-NORMEX-2010 must be taken into consideration.

These specifications are likely to be verified by the Competent Authorities and therefore their certification, in terms of this standard, is not mandatory.