Filing the Convenio
To be able to purchase/sell bulk tequila, an entailment and co-responsibility agreement or "CONVENIO" must be first signed and filed with the Mexican Institute of Industrial Property (IMPI). The convenio is a private contract between the authorized NOM producer and the bottling company (or owner of the trademark), by which the IMPI would grant the right to use the name ‘Tequila’ for an specific label or trademark. The convenio sets out the rules that both producer and bottler must follow in order to comply with the provisions of the Official Norm of Tequila. The convenio must be filed with a copy of the title of the trademark registration as well as the projects of the labels which would be used in the marketing of the tequila.
The law stipulates that in order to have full official validity, the convenio must be presented to the IMPI in Spanish language. The format of the convenio is available in this website for downloading (Spanish and English). Click under CONVENIO and go to Blank Format for Bulk Tequila or Blank Format for Bulk Tequila (English).
The processing of the convenio at the IMPI takes ten to fifteen working days, provided all paperwork is properly filled out. Once it is approved, both producer and bottler are officially notified by the IMPI. The CRT also receives notification and inputs the new convenio information into its system. At this point, the producer is legally allowed to ship and export bulk tequila to the authorized bottler or trademark owner, as specified in the convenio.
Shipping & Bottling
Before shipping and exporting, the producer must request the CRT for a Certificate of Export or Certificado de Exportacion. This document will certify the authenticity of the lot that is being shipped and will be requested by customs before leaving Mexico. It will also be asked for by customs at the country of destination to be able to release the lot from customs.
It is very important that bottling companies request this document from their vendors. This is the only proof that the lot of tequila being bought has been inspected and found to meet the Official Standard requirements. It is forbidden the export of tequila to any country or buyer different from the one stated on the Certificates of Export.
The Certificate of Origin is another document that must be presented before the lot can be released from customs, if it involves a country having a trade agreement with Mexico. This document will grant duties and tariff exceptions under the trade agreement to the purchasing company.
The bottling company must observe all the NOM regulations as specified on the convenio. The violation of those regulations can lead to the cancellation of the right to use the Appellation of Origin.
It must prove at all times that the product has not been tampered from the moment he received it until the end of the bottling process. It is also subject to the following guidelines:
1) It shall not mix tequila of different types or from different sources.
2) It may not use more than one vendor per label or label type (e.g. silver/gold)
3) Product carrying the legend "Tequila 100% Agave" must be only bottled within the Appelation of Origin area
4) It cannot modify in any manner the organoleptic characteristics of the product it received. It is only allowed to dilute the product with water in order to obtain the commercial alcohol grade.
5) It can only bottle tequila that was elaborated under the supervision of the CRT in its role of accredited certifying organism.
6) It must not resale tequila in bulk.
Labeling Requirements
The bottler must also comply with all labeling requirements. This compulsory information must be shown in a legible manner and it is independent from the requirements established by the laws and regulations of the importing country.
a) The word "Tequila"
b) The category and type it belongs to
c) Net content expressed in liters or milliliters
d) Percentage of alcohol in the volume at 20ºC, that may be abbreviated as "% Alc. Vol."
e) Name or commercial name of the authorized NOM producer and of the bottler.
f) Address of the NOM authorized producer and of the bottler.
g) Registered trademark
h) The legend "HECHO EN MEXICO" (or its translation to the language of the destination market)
i) Official mark according to the corresponding Mexican Official Norm.
j) A distinctive mark indicating the lot the bottle belongs to
k) Any other sanitary or commercial information required
It is compulsory that at least the information contained in section a), b), c), and g) must be present on the main exhibition surface.
Regulations Regarding Marketing
Producers or bottlers cannot sell any tequila that does not have the certificate issued by the CRT. The certificate is nominative: it only backs the specific lot of a specific category and type of product under the label for which the product must be bottled. The export of tequila to any country or buyer different from the one stated on the Certificate of Export is illegal.
This is to maintain the possibility to trace the product in order to verify its quality for the benefit of the Appellation of Origin's prestige and in the interests of the final consumer's right to acquire an authentic product.
With this same reasoning, the bulk resale of tequila at a national and international level is also forbidden.
For more information on the rules to purchase/sell bulk tequila, you may contact the CRT.