Doing Business

Doing Business in Mexico 2015

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46 Tax and Legal Services - PwC Mexico Imports In the case of imports, SE requires the importer to re-label the products to include, in Spanish, the relevant information about the contents of the product, name and country of origin of the producer, and information about the importer, port of entry, etc. Additionally, all imported merchandise should meet minimum sanitary and safety standards Finally, a wide variety of products must comply with the Mexican Standards of Quality, referred to as Mexican Official Norms (NOM). The regulations applicable to labels contemplate that the minimum required information to be included on the labels is as follows: • Description of the goods. • Importer's name and address. • Warnings or precautionary information in the case of hazardous products. • Instructions for use and storage. • Expiration date (if applicable). Also, certain imports and exports are subject to regulations by the Ministry of the Environment and Natural Resources (SEMARNAT). Some imported products must receive sanitary or phytosanitary authorizations issued by the Ministry of Health (MH). There are also rules establishing the classification of goods whose importation is subject to regulation by the Commission for the Control of Pesticides, Fertilizers and Toxic Substances. Food and drugs In accordance with the General Law on Health and numerous specific regulatory decrees, all types of prepared or packaged foods, meat, beverages, medicines and related products must be approved and registered with the MH, which is authorized to make continuing follow-up inspections and laboratory tests at its discretion. Products of the types requiring approval and registration may not be imported unless they were previously registered with the MH. In some cases imports require specific authorization. Environmental provisions For many years, the Mexican government, through various ministries, exercised authority to control certain types of industrial pollution, now through SEMARNAT. The General Law of Ecological Balance and Environmental Protection, which was amended in 2006, provides for the imposition of substantial fines and even closure of the offending establishment in the event of non-compliance with the applicable rules and regulations. The law and regulations have been enforced on a broad scale by the National Institute of Ecology (INE) and by the Federal Public Attorney's Office for the Protection of the Environment (PROFEPA), both units of SEMARNAT. The Criminal Code introduced a chapter that regulates Environmental Crimes; the punishment for this type of crimes goes from six months to 10 years of imprisonment, plus a substantial fine. Furthermore, local and state environmental legislation exists, including in the Federal District. Although very similar, they regulate activities not contemplated under the Federal law.

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