Tequila RTDs: All About Tequila Co-Responsibility Agreements

Tequila, one of Mexico's most iconic exports, is subject to a complex web of laws and regulations designed to preserve its authenticity and ensure fair trade. If you’re planning to import tequila to the United States or use it in the production of canned cocktails, it’s essential to navigate these legal requirements effectively. This guide will provide an overview of the laws surrounding tequila production, importation, and use in the U.S., including co-responsibility agreements and NOMs (Normas Oficiales Mexicanas).

The Basics of Tequila Regulation

Tequila can only be produced in specific regions of Mexico, primarily in the state of Jalisco and select municipalities in Guanajuato, Michoacán, Nayarit, and Tamaulipas. It is protected by a Designation of Origin (DO), similar to champagne or Scotch whisky, which means it must meet strict production standards defined by Mexican law. The regulatory body overseeing tequila is the Consejo Regulador del Tequila (CRT).

Key Requirements for Authentic Tequila:

• 100% Blue Weber Agave: Tequila must be made from the blue Weber agave plant.

• Geographical Boundaries: Production must occur within the designated regions.

• Certification and Compliance: The producer must be certified by the CRT and adhere to NOM standards.

Importing Tequila to the United States

When importing tequila to the U.S., it’s important to comply with both Mexican and U.S. regulations:

1. Mexican Export Requirements:

   • Tequila must be certified and meet the standards outlined in the relevant NOMs.

   • The CRT assigns a unique NOM number to each producer, which must appear on the label.

2. U.S. Alcohol Import Laws:

   • Importers must obtain a Federal Basic Importer’s Permit from the Alcohol and Tobacco Tax and Trade Bureau (TTB).

   • Tequila labels must comply with TTB requirements, including accurate declarations of alcohol content, origin, and producer information.

3. Customs and Tariffs:

   • Work with a licensed customs broker to handle the importation process.

   • Ensure all necessary duties and taxes are paid.

Using Tequila in U.S.-Based Canned Cocktail Production

To use tequila sourced from Mexico in the production of canned cocktails, specific legal and logistical steps are required:

1. Co-Responsibility Agreements:

   • Mexican law requires the establishment of a co-responsibility agreement (acuerdo de corresponsabilidad) between the U.S.-based company and the tequila producer.

   • This agreement outlines the rights and responsibilities of both parties, ensuring the tequila’s authenticity and proper use in accordance with CRT guidelines.

2. Labeling Requirements:

   • The final product must clearly indicate that it contains tequila.

   • The CRT may require additional certification or approval for the use of tequila in canned cocktails.

3. NOM Compliance:

   • Ensure the tequila used in production adheres to its designated NOM standards.

   • Include the NOM number of the producer on the label of the canned cocktail, if applicable.

Understanding NOMs

Normas Oficiales Mexicanas (NOMs) are official Mexican standards that define the quality, production processes, and labeling requirements for tequila. Key NOMs related to tequila include:

• NOM-006-SCFI-2012: Defines the production standards for tequila.

• NOM-142-SSA1/SCFI-2014: Covers the sanitary and labeling requirements for alcoholic beverages, including tequila.

Each NOM-certified producer is assigned a unique NOM number, which verifies compliance with Mexican law. This number is an essential marker of authenticity and must be included on the product label.

Legal Steps for Compliance

Drayhorse offers Co-Responsibility Services and with our connections in Mexico, it’s fast and easy to use tequila in your canned cocktail. Below are the steps we take to ensure your beverage meets all legal standards.

NOTE: It’s important to understand the timelines of procuring tequila for production the US - no matter who you work with, getting the co-responsibility agreement approved takes 3+ months. Once it is approved, we can order the tequila and have it come through customs to our facility. This means it’s important to set aside 4 months from signed agreement to production if you desire tequila in your product.

1. Partner with a Certified Producer:

   • Verify that your tequila supplier is certified by the CRT and has an active NOM number.

2. Establish a Co-Responsibility Agreement:

   • Work with legal counsel to draft an agreement that satisfies Mexican and U.S. requirements.

3. Register with the TTB:

   • Obtain the necessary permits for importing and producing alcoholic beverages in the U.S.

4. Ensure Proper Labeling:

   • Include all required information, such as the NOM number, origin, and alcohol content, on your product labels.

5. Collaborate with Customs Brokers:

   • Streamline the importation process by partnering with experienced brokers familiar with tequila regulations.

Tequila RTDs Made Easy with Drayhorse

The tequila industry operates under strict rules to protect its heritage and ensure quality. By understanding the laws governing tequila production, importation, and use in U.S.-based canned cocktails, together we can create compliant and authentic products that honor this iconic spirit. Drayhorse is an expert in tequila procurement and co-responsibility agreements, and with our partner distillery in Mexico, we are able to not only offer streamlined services but also deliver best pricing on tequila.

If you’re interested in tequila-based RTD’s, please reach out to inquiries@drayhorse.co and we’ll be happy to help!