0. INTRODUCTION

The product that is referred to in this Norm is the designated alcoholic drink named MEZCAL, whose ownership corresponds to the Mexican State under the terms contained in the Law of Industrial Property. The emission of this Norm is necessary in conformity with the Official Dairy of the Federation, November 28, 1994, and with Part XV of Article 40 of the Federal Law regarding Weights and Measures.

1. OBJECTIVE

This official Norm establishes the characteristics that must be fulfilled for the designated alcoholic drink to be called MEZCAL.

2. FIELDS OF APPLICATION

This NOM is applied to the alcoholic beverage produced in accordance with the processes detailed below, with agaves of the following type:

• Agave Angustiofolia Haw (espadín maguey).
• Agave Esperrima Jacobi, Amarilidáceas (cenizo maguey).
• Agave Weberi Cela, Amarilidáceas (MEZCAL maguey)
• Agave Potatorum Zucc, Amarilidáceas (tobalá maguey)
• Agave. Salmiana Otto (MEZCALero maguey).
• Other agaves, provided that they are not used as the primary material in other governmental Denominations of Origin.

--which have been cultivated within the Federal Entity, Municipalities and Territories indicated in the General Protection Statement of the Denomination of Origin for "MEZCAL", published in the Official Dairy of the Federation, November 28, 1994.

3. REFERENCES

For compliance with the specifications established in this NOM, the following mentioned Mexican Official Norm and Mexican Norms, must be applied:

NOM-030-SCFI	LABEL SPECIFICATIONS REGARDING COMMERCIAL QUANTITY INFORMATION
NMX-V-13	ALCOHOLIC BEVERAGES, DETERMINATION OF PERCENTAGE OF ALCOHOL BY VOLUME (%VOL.) at 20 C.
NMX-V-14-S-1986	DISTILED ALCOHOLIC BEVERAGES, DETERMINATION OF SUPERIOR ALCOHOLS (FUSEL OILS).
NMX-V-17-1984	TESTING METHODS FOR THE DETERMINATION OF DRY EXTRACT AND ASH IN DISTILED ALCOHOL BEVERAGES
NMX-V-21-1986	TESTING METHODS FOR THE DETERMINATION OF METHANOL IN ALCOHOLIC BEVERAGES.
NMX-Z-12-1987	SAMPLING PROCEDURES FOR INSPECTION OF ATTRIBUTES.

4. DEFINITIONS

For the effects of this NOM the following definitions are established in alphabetical order:

4.1 [ABOCADO], YOUNG

The procedure used to soften and smooth the flavor of MEZCAL by the addition of one or more flavoring or coloring agents, as permitted by the Secretariat of Health and Assistance and Assistance.

4.2 AGAVE

Plant of the family Amarilidáceas, with long, fibrous leaves, bluish-green in color, extending in a sordlike fashion from its pinecone-like heart (stem and base of its leaves), which is the usable portion for the production of MEZCAL. The species admitted for purposes of this NOM are indicated in Chapter 2 "Field of Application".

4.3 MEZCAL

A regional alcoholic beverage obtained through the distillation and rectification of prepared musts, with sugars originally extracted from the mature hearts of the specific agaves mentioned in Chapter 2 "Fields of Application", previously cooked or hydrolyzed, and submitted to alcoholic fermentation with yeast (cultivated, enriched or naturally occurring), and, in the case of Type II MEZCAL, containing a maximum of 20% other carbohydrates, as permitted by the Secretariat of Health and Assistance, in said prepared musts, provided that the components that give the product its characteristics are not eliminated, not permitting cold mixtures.

MEZCAL is an odoriferous and flavorful liquid Sui Generis, according to its type. It is colorless without aging, or slightly amber when aged in oak wood receptacles.

4.3.1 AGED [AÑEJO] MEZCAL

Young, fresh MEZCAL [ABOCADO] subjected to an aging process of at least one year in an oak wood receptacles, whose capacity must not exceed 200 liters. In blends of different aged [AÑEJO] MEZCALs, the age for the resulting MEZCAL will be the determined by averaging the ages and volumes of its components.

4.3.2 YOUNG [ABOCADO] MEZCAL

Product obtained in conformance with the requirements of Paragraph 4.3.

4.3.3 AGED [REPOSADO] MEZCAL

Young, fresh MEZCAL [ABOCADO] subjected to an aging process of at least two months in an oak wood receptacles for stabilization.

4.4 NOM

Mexican Official Norm.

4.5 SECOFI

Secretariat of Commerce and Industrial Promotion.

5. CLASIFICACION.

5.1 TYPES

Classification in the following types, according to the percentage of agave carbohydrates used in the production of the MEZCAL:

5.1.1 Type I: 100% Agave MEZCAL

That product which is obtained from the distillation and rectification of musts prepared originally and directly from the sugars of mature agave hearts of the species mentioned in Chapter 2 "Field of Application," previously cooked or hydrolyzed, and submitted to alcoholic fermentation with yeast, either cultivated or not. This MEZCAL can be Young [ABOCADO], Rested [REPOSADO] , or Aged [AÑEJO], but produced always in conformance with the basic preparation of Young [ABOCADO].

5.1.2 Type II: MEZCAL

That product which is obtained from the distillation and rectification of musts whose preparation has included up to 20% other carbohydrates, in accordance with Paragraph 4.3, which can be Young [ABOCADO], Rested [REPOSADO] , or Aged [AÑEJO], but produced always in conformance with the basic preparation of Young [ABOCADO].

5.1.3

MEZCAL, in its Types I and II, must express on its container the legend "BOTTLED IN ORIGIN", whenever it is bottled in the producing state, and MEZCAL bottled outside the producing state must express the legend "BOTTLED IN MEXICO", and can contain, in this second example, the name of the producing state, provided that the bottler demonstrates that the entirety of the MEZCAL has been acquired within the state mentioned on the label, putting the burden of proof on the bottler to exhibit to an accredited organization of product certification the procurement of said batches.

5.2 CATEGORIES

In accordance with characteristics acquired from processes subsequent to distillation and rectification, MEZCAL is classified into 4 categories:

- ABOCADO MEZCAL

- ANEJO MEZCAL

- JOVEN MEZCAL

- REPOSADO MEZCAL

6 SPECIFICATIONS

This Norm's subject product, MEZCAL, in its types I and II, must comply with the following specifications.

6.1 THE PRODUCT

6.1.1 This NOM's subject product, MEZCAL, must comply with the physical and chemical specifications established in the table below.

6.1.1 Permitted additives can be used in the quantities established by the Secretariat of Health and Assistance.

6.2 THE RAW MATERIAL

6.2.1 The agave used as raw material in the production of any MEZCAL must comply with the requirements mentioned below:

a) Must be harvested mature, and free from any disease or plague.

b) Must be registered in the record of installed plantation properties for such purposes by an accredited organization of product certification.

6.3 THE MEZCAL

6.3.1 The MEZCAL must not have been adulterated in any stage of its production, particularly after the formulation of the musts.

6.4 THE BOTTLING

6.4.1 The MEZCAL bottler must demonstrate at all times that the product has not been adulterated from the moment of delivery of the product through its final bottling. For such purposes, bottling activity is subject to the following constraints:

6.4.2 A bottler that it does not produce the MEZCAL, and/or requires another manufacturer's bulk product, cannot mix MEZCAL of different types.

6.4.3 A bottler may only bottle MEZCAL that has been produced under the supervision of an accredited organization of product certification, and for that reason, must corroborate that each batch received complies with a standing certificate of product conformity.

6.4.4. The bottler must not simultaneously bottle different MEZCAL products in the same facility, unless the bottler clearly depends on differentiated bottling programs, to the judgement of the accredited monitoring entity supervising the process, who has been previously notified of this circumstance in anticipation of the bottling commencement date.

6.4.5 The bottler must incorporate into the container packaging a seal of accredited certification, or a seal of an accredited monitoring entity, in a manner that permits the seal's representation of compliance with standards of the product's integrity.

6.4.6 The bottler must maintain a record of at least the following documents:

a) Bills of lading, purchase & sales receipts for MEZCAL, as well as for container materials, including labels;

b) Comparative physical and chemical analysis reports subject to the perimeters outlined in the Table, prior to marketing and commercialization of the product.

6.4.7 The bottler can package MEZCAL as such, as long as the transferring of bulk product has been supervised by an accredited monitoring entity according to the mechanisms approved previously by the SECOFI Office of General Procedures.

6.4.8 MEZCAL of both Types I and II must be bottled in new or recycled containers, which are capable of handling the different stages of bottling as well as prevailing storage conditions, such that they do not contain or generate toxic substances or other substances that alter the physical and sensory chemistry of the product.

6.4.9 For bottled MEZCAL to exhibit the legend "100% Agave MEZCAL" (Type I), the bottler will have to rely on the Supervisory Registries of an accredited organization of product certification, or other accredited monitoring entity, according to the mechanisms approved by the SECOFI Office of General Procedures.

6.5 THE CRATE

The subject of this Norm, MEZCAL, must be crated in cardboard cases, or in other appropriate materials that have the strength necessary to offer sufficient protection to prevent the deterioration of crated packages, while simultaneously facilitating management in storage and distribution, without risk of damage to the same.

6.6 THE STORAGE

The finished product must be stored in locations that comply with the sanitary requirements indicated by the Secretariat of Health and Assistance.

7 SAMPLING PROCEDURES

7.1 SAMPLING COMMON AGREEMENT

When a sampling of the product is required, a common agreement between producer and buyer must be established in compliance with the Mexican Norm NMX-Z-12. (See Paragraph 3: References).

7.2 OFFICIAL SAMPLING

Sampling for official purposes is subject to the legislation and qualified mandates applied in the Mexican Norm NMX-Z-12. (See Paragraph 3: References).

7.3 BULK PRODUCT

Of bulk product contained in tractor-trailer tank cars, pipes or containers, constituted samples of approximately equal portions must be extracted from the lower, middle and upper levels of said container, with the added consideration that extracted samples should be of no less than 3 liters each. In the case of product contained in barrels, constituted samples of approximately equal portions must be extracted from the number of barrels specified in APPENDIX A of this Norma, in such a manner that the total volume obtained is not less than 3 liters.

Each extracted sample, previously homogenized, must be divided into three portions of approximately one liter each, which must be bottled in containers duly identified with labels signed by the interested parties. These containers are to be distributed in the following manner: two for the accredited organization of product certification, and a third for the company being scrutinized. For the first of these, one of the two samples is to be analyzed, and the second remains in official custody to be used in the case of subsequent arbitration.

7.4 SMALLER CONTAINERS

7.4.1 For product stored in smaller containers, each sample must be integrated with samples of approximately equal portions, taken from the number of containers specified in APPENDIX B of this Norma, in such a manner that the total volume obtained is not less than 3 liters.

7.4.2 When the number of sampling containers is insufficient to gather the minimum required 3 liters, as many containers as necessary to complete said volume shall be sampled. Samplings should proceed according to the last paragraph in clause 7.2.

7.4.3 The selection of the barrels or smaller containers to extract the sample portions must be done at random.

8 TESTING METHODS

8.1 THE PRODUCT

Testing methods and procedures must be performed according to the Mexican NOM referred in the Chapter 3: "References".

8.2 THE MEZCAL

8.2.1 The MEZCAL producer must show at all times that the product has not been adulterated at any stage of its production, particularly beginning with the formulation of the musts. With respect to the raw material, the genuineness of the MEZCAL produced is verified through transparent and reliable Plantation Registries of agave, inventories and processes that demonstrate convincingly a proper balance of materials used in production, prior to marketing the final bottled product.

The foregoing is secured by applying generally accepted accounting principles.

8.2.2 Verification of what is established in this NOM is accomplished via permanent inspection by an independent accredited organization of product certification, or other accredited monitoring entity, such that said verification can be corroborated by any official federal authority competent in the supervision of MEZCAL production. This requirement is fulfilled through the usage of random inspection systems previously approved by the SECOFI Office of General Procedures.

8.3 THE PACKAGING

8.3.1 Bottlers of MEZCAL must be capable of demonstrating at all times that the product has not been adulterated from delivery through the final bottling of the same. For such purposes bottling activity is subject to the following controls:

8.3.2 Verification of what is established in Paragraph 6.4, and as a rule relating to any applicable aspect of this NOM concerning bottling activity, is accomplished through batch inspection to be performed by the accredited monitoring entity contracted to supervise said processes, such that verification can be corroborated by any official federal authority competent in the supervision of MEZCAL production.

8.4 SUPPOSITION OF NONCOMPLIENCE

If through generally accepted accounting principles any official federal authority competent in the supervision of MEZCAL production, or other accredited monitoring entity, detects noncompliance of any arrangement contained in this NOM, particularly that which is indicated in Chapter 8 regarding the obligations of producers and/or bottlers of MEZCAL, the presumption will be a breach. Within 15 business days following the notice by the official federal authority of a breach resolution, the party presumed to be in violation must express their case in writing, and that once said term has passed, the authority issuing the breach resolution can impose the corresponding legislated sanctions according to the particular matter.

9. COMMECIALIZATION

9.1 The commercialization of bulk MEZCAL, Types I and II, is permitted only within the territory of the United States of Mexico; international commercialization of bulk MEZCAL is not permitted, and may be exported solely in containers not larger than 5 liters.

9.2 Commercialization of MEZCAL without a current trade certificate issued by an accredited organization of product certification is prohibited, such that any official federal authority can request at any time proof of said trade certificate. Such permits are valid for a maximum of 6 months. Bottled product marketed either internationally or domestically must display a visible seal of an accredited organization of product certification, or other accredited monitoring entity.

9.3 The resale of bulk MEZCAL to end consumers in the national market is forbidden.

9.4 The sale and purchase of bulk product among MEZCAL producers and suppliers is considered to be principally related to matters of raw material, and consequently, it is permitted in this NOM provided that it conforms with the following conditions:

a) The transfer and subsequent receipt of bulk product must be supervised by an accredited organization of product certification, which will record in a special registry a balanced accounting of raw materials for the receiving party.

b) The received product may undergo an adjustment of appointed value, and therefore will have to have been categorized as satisfying the classification requirements for young [JOVEN], rested [REPODADO] or aged [AÑEJO]

10 TRADEMARKS AND LABELING

10.1 TRADEMARKS AND LABELING OF BOTTLES

Each container must exhibit a label or permanent impression, in a clearly legible and indelible form with the following Spanish language formulation:

a) The word "MEZCAL".

b) Type and category to which it belongs, according to Chapter 5 of this NOM.

c) Trademark, registered in the United States of Mexico.

e) Percentage of alcohol by volume at 20 C, which should appear in the upper left hand corner, possibly abridged to read "%Alc./Vol."

f) Percentage of agave content, including an obligatory mentioning of content information as additionally required by specific jurisdictions and territories.

g) Name, or business entity dba, and address of the established manufacturer of the MEZCAL; name and address of the trademark owner of the commercial brand.

h) Where applicable, the name and address of the bottler.

i) The legend, "MADE IN MEXICO" according to the determinations of SECOFI.

k) The legend, "The abuse in the consumption of this product is harmful for the health", according to determinations of the Regulation of the General Law of Health in matters of establishing sanitary controls for products and services.

l) Where applicable, the legend, "BOTTLED IN ORIGIN", or where not applicable, "BOTTLED IN MEXICO" in accordance with Chapter 5.1.3.

10.2 TRADEMARK AND LABELING OF CRATES

The information necessary to identify the product, and all other information judged convenient, such as statements of caution for proper handling, should be noted.

11 BIBLIOGRAPHY

The published Law of Industrial Property from the Official Dairy of the Federation, August 2, 1994.

NOM 008- SCFI GENERAL SYSTEM OF WEIGHTS AND MEASURES

NMX-Z-13-1977 GUIDELINES FOR THE DRAFTING AND PREPARATION OF STANDARD MEXICAN PROCEDURES.

General Protection Statement concerning the published Denomination of Origin for "MEZCAL", from the Official Dairy of the Federation, November 28, 1994.

12. CONFORMITY WITH INTERNATIONAL NORMS

Due to the lack of resources regarding international NORMS at the creation of this NOM, conformance with international NORMS cannot be established.

FIRST .- The present NORM will become effective on the day following its publication in the Official Dairy of the Federation by the Secretariat of Commerce and Industrial Promotion (SECOFI), via the conduit Office of General Procedures (DGN), whose organization is charged with the evaluation and accreditation of NORMS for conformance with the certification procedures of the Federal Entity, Municipalities and Territories, as determined in the General Protection Statement of the Denomination of Origin for "MEZCAL", as published in the Official Dairy of the Federation, November 28, 1994, with exception indicated in the following article:

SECOND .- In any event, the specifications, testing methods and commercial information contained in clauses 4, 6, 8, 9 and 10 of this official Mexican NORM will become effective 12 months after the publication of the notice described in the previous (FIRST) article.