Mexico NOM Labeling Fines: ANAM Clarifies Customs Penalties
Mexico: ANAM Clarifies NOM Labeling Fines for Imported Products — Seizure, 2–10% Penalties and the 30-Day Compliance Window
Mexico's National Customs Agency (Agencia Nacional de Aduanas de México, ANAM) has issued a guidance criterion (criterio orientador) that defines how customs authorities will penalize non-compliance with Mexican Official Standards (NOMs) on commercial information the labeling rules that apply to a broad range of imported goods, including electrical and electronic products. Announced through ANAM Press Release 74/2026 in September 2026, the criterion resolves a key uncertainty created by the 2026 reform of the Customs Law and draws a clear line between failing to comply with a labeling NOM and merely omitting or misstating data related to that compliance.
For manufacturers and importers, the distinction matters: one scenario can lead to a fine of up to 300% of the goods' commercial value and loss of the merchandise, while the other is limited to a 2–10% fine.
Background: How the 2026 Customs Law Reform Changed NOM Enforcement
Under Article 52 of the Customs Law, NOMs are treated as non-tariff regulations and restrictions (regulaciones y restricciones no arancelarias, RRNA). Commercial information NOMs such as NOM-024-SCFI-2013 for electronic, electrical and household appliances and NOM-050-SCFI-2004 for general product information — set out the mandatory Spanish-language labeling content that products must bear when sold in Mexico.
Before the reform, Article 158 of the Customs Law allowed customs to retain goods when labeling non-compliance was detected during inspection, giving the importer 30 days to correct the issue after paying a comparatively minor fine.
The Decree published in the Official Gazette (DOF) on 19 November 2025, in force since 1 January 2026, changed that framework:
Article 151, section II now expressly provides for precautionary seizure (embargo precautorio) of goods and means of transport when compliance with non-tariff regulations is not demonstrated — explicitly including commercial information NOMs.
Article 176, section II no longer carves out commercial information NOMs, so labeling standards now receive the same treatment as other NOMs.
The retention mechanism in Article 158, section II was repealed.
Foreign trade operators raised concerns about whether the separate, lower fine for omitted or inaccurate NOM data still applied. ANAM's criterion answers that question.
What the ANAM Criterion Establishes on NOM Labeling Fines in Mexico
When customs detects non-compliance with a commercial information NOM, it will first apply a precautionary seizure of the goods. When issuing its final resolution in the administrative customs procedure (PAMA), customs will apply one of two outcomes:
Scenario A — NOM compliance is not demonstrated
Applicable provisions: Articles 176-II, 178-IV and 183-A-IV of the Customs Law.
Fine: 250% to 300% of the commercial value of the goods.
The goods become property of the Federal Treasury (Fisco Federal), unless the importer demonstrates compliance with the non-tariff regulation within 30 days following notification of the act initiating the PAMA.
To do so, the importer must transmit and file a rectification customs declaration (pedimento de rectificación), attaching electronic or digital evidence of compliance.
Scenario B — NOM compliance is demonstrated, but data was omitted or inaccurate
Applicable provisions: Articles 184-XIV and 185-XIII of the Customs Law.
Fine: 2% to 10% of the commercial value of the goods.
ANAM confirms that this infraction was not repealed by the November 2025 reform and, under Article 5 of the Federal Tax Code, penalty provisions must be applied strictly.
Legal nature of the criterion
The criterion is addressed to ANAM's administrative units. It does not create new rights or obligations for importers beyond those in the law, and ANAM retains its full audit powers. Companies seeking a ruling on a specific, real situation must file a written consultation under Article 34 of the Federal Tax Code.
Certification Impact Summary
Area | Impact | Notes |
NOM product certification (safety/EMC) | No change | The criterion does not alter certification requirements, certificate scope or conformity assessment procedures. |
Commercial information NOMs (e.g. NOM-024-SCFI-2013, NOM-050-SCFI-2004) | High enforcement relevance | Labeling non-compliance is now a direct ground for precautionary seizure at customs. |
Proof of compliance at customs | Critical | Whether compliance can be demonstrated determines a 2–10% fine vs. a 250–300% fine plus potential forfeiture. |
Customs declaration (pedimento) data | Higher scrutiny | Omitted or inaccurate NOM data triggers a 2–10% fine even when the product complies. |
Corrective window | 30 days from PAMA notification | Compliance must be evidenced via a rectification pedimento with supporting documents. |
Legal effect | Interpretive guidance | Binding on ANAM's internal units; no new obligations for importers. |
What This Means for Manufacturers
For electrical, electronic and telecommunications equipment manufacturers exporting to Mexico, the criterion confirms that labeling has become a seizure-level compliance risk, not a minor administrative issue. Key takeaways:
A compliant product is not enough it must be provably compliant at the border. The deciding factor between the two penalty tiers is whether NOM compliance can be accredited. Missing documentation can push an otherwise compliant shipment into the 250–300% bracket.
Precautionary seizure comes first in both scenarios. Even when the issue is a minor data error, goods can be held, disrupting supply chains and delivery schedules.
Data accuracy in the pedimento is now a direct financial exposure. Inconsistencies between the label, the conformity evidence and the customs declaration can each trigger a 2–10% fine on the full commercial value of the shipment.
Responsibility is shared across the supply chain. Manufacturers, importers of record and customs brokers must align on label content, NOM identification and supporting documents before goods reach the port of entry.
Timeline and Required Actions
Regulatory timeline
Date | Milestone |
19 November 2025 | Decree amending the Customs Law published in the DOF |
1 January 2026 | Reform enters into force; commercial information NOM non-compliance becomes grounds for precautionary seizure (Art. 151-II) |
September 2026 | ANAM issues Press Release 74/2026 and publishes the DGJA guidance criterion on NOM labeling fines |
Ongoing | Criterion applied by customs at clearance and in PAMA resolutions |
30 days after PAMA notification | Deadline to demonstrate NOM compliance and avoid forfeiture (Scenario A) |
Required actions for manufacturers and importers
Before shipment
Map every product line to its applicable commercial information NOM (e.g. NOM-024-SCFI-2013 for electronic and electrical equipment).
Verify Spanish-language label content against the NOM requirements, including importer data, country of origin, electrical ratings and warnings.
Prepare a compliance file for each shipment: NOM certificates or verification records, label artwork and supporting documents that can be submitted electronically.
At customs clearance
Confirm with the customs broker that the NOM identifiers and data declared in the pedimento match the label and supporting documentation.
Keep compliance evidence immediately available to respond to inspection findings.
If goods are seized
Determine immediately whether the issue is non-compliance (Scenario A) or omitted/inaccurate data (Scenario B).
For Scenario A, file a rectification pedimento with proof of compliance within 30 days of PAMA notification to avoid forfeiture.
For Scenario B, document that the NOM is met so the sanction is limited to the 2–10% fine.
For complex or atypical cases, consider a formal written consultation to the competent authority under Article 34 of the Federal Tax Code.
Conclusion
ANAM's guidance criterion brings needed clarity to Mexico's post-reform customs enforcement: labeling non-compliance now leads to precautionary seizure, and the size of the penalty depends on whether NOM compliance can be proven. For manufacturers and importers of electrical and electronic products, robust labeling verification and well-organized compliance documentation are now essential safeguards against seizure, forfeiture and penalties of up to 300% of commercial value.
Official source: ANAM — Criterio orientador en materia de despacho aduanero (PDF)
