The regulation known as NOM-186-SSA1/SCFI-2013 represents a dual-effort between the Mexican health and economy ministries. Its primary function is to establish the sanitary and commercial requirements for cocoa beans, their derivatives, and products labeled as chocolate. This standard is mandatory for any individual or company involved in the production, distribution, or sale of these goods within Mexican territory.
By integrating both sanitary specifications (SSA1) and commercial information (SCFI), the law ensures that products are not only safe for human consumption but also accurately represented to the consumer. Compliance with NOM-186-SSA1/SCFI-2013 is essential for maintaining market access and avoiding legal penalties.
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The Fundamental Purpose of the NOM-186-SSA1/SCFI-2013
The creation of this regulation was driven by two main goals: public health protection and commercial transparency. From a health perspective, the standard sets limits on microbiological contaminants and heavy metals. This ensures that cocoa-based products do not pose a risk to the population.
From a commercial standpoint, the government designed NOM-186-SSA1/SCFI-2013 to combat food fraud. Before its implementation, many products were marketed as chocolate despite lacking the necessary cocoa butter or solids. This law strictly defines what can be called “chocolate” based on its fat and solid content, protecting the consumer from misleading labels and ensuring fair competition within the industry.
Scope and Application of NOM-186-SSA1/SCFI-2013
The regulation applies to all individuals or companies involved in the production, importing, or distribution of cocoa-based goods within Mexico. It covers a broad spectrum of products, categorized mainly by their cocoa content and added ingredients.
Regulated Products Include:
- Cocoa Beans
- Cocoa Derivatives
- Chocolate
- Filled Chocolates
- Similar Products
Specific Cocoa and Chocolate Classifications
The range of goods regulated by NOM-186-SSA1/SCFI-2013 is extensive. It covers every stage of the supply chain, from the raw material to the final consumer product. Understanding these categories is vital for correct labeling and manufacturing.
- Raw Materials: This includes cocoa beans (fermented or dried), cocoa liquor, cocoa cake, and cocoa powder.
- Cocoa Derivatives: Specific rules apply to cocoa butter, which must meet purity and extraction standards.
- Chocolate Types: The standard defines dark, milk, and white chocolate, specifying the minimum percentages of cocoa solids required for each.
- Similar Products: These are items that use vegetable fats other than cocoa butter. They must be clearly labeled as “similar to chocolate” or “substitute” to avoid confusion.
- Filled and Coated Products: Any confectionery that uses chocolate as a coating or filling must also adhere to the ingredient ratios defined by the standard.
Compliance and Testing for NOM-186-SSA1/SCFI-2013
To obtain certification or demonstrate compliance, products must undergo rigorous laboratory testing. These tests focus on two primary areas: microbiological safety and physical-chemical composition.
The process begins with sampling by an accredited verification unit. Samples are sent to authorized laboratories to check for contaminants like Salmonella and heavy metals. Additionally, the lab verifies the percentage of cocoa solids and fats to ensure the product matches its commercial name. Once the laboratory results and labeling designs are reviewed and approved, a Certificate of Compliance or a Verification Statement is issued, allowing the product to be legally marketed in Mexico.
Regulatory Entities
The verification of these standards falls under specific Mexican government branches. These organizations coordinate to monitor the market, ensuring that manufacturers and importers follow the strict guidelines outlined in the current legislation.
- COFEPRIS (Federal Commission for Protection against Sanitary Risks): Oversees the sanitary and health aspects of the products to ensure they are fit for human consumption.
- Secretaría de Economía (Ministry of Economy): Manages the commercial information and labeling aspects to prevent consumer deception.
- PROFECO (Federal Consumer Protection Agency): Conducts market surveillance and can penalize companies that do not meet the commercial standards of NOM-186-SSA1/SCFI-2013.
- Accredited Verification Units (UVA): Private entities authorized by the government to verify labeling and issue certificates of compliance.
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