*By Rodrigo Cedano Ortiz, CEO & Founder, CIRM
Establishing a tequila brand or other alcoholic beverage brand in Mexico without owning a distillery is not only possible but increasingly common. However, it requires a structured approach, a deep understanding of the regulatory and operational landscape, and above all, patience.
Entrepreneurs should take their time. Timelines in Mexico often move at a different pace, not due to inefficiency, but because of the country’s unique administrative and cultural rhythms. A measured and informed approach is key to navigating this process successfully.
This document outlines the essential steps for building a brand under such conditions. The information is organized into two main sections:
- A general overview of the process
- The fundamental documentation required
General Overview
Let’s keep it simple and honest. If someone wants to launch a tequila brand, there are basically three paths:
- Produce tequila yourself—make your own juice
- Buy tequila already distilled by someone else
- Blend tequilas from different distilleries
Regardless of the operational route selected, one fundamental requirement remains constant: the involvement of a certified distillery. Whether it is owned, leased, or partnered through a production agreement, a distillery is a non-negotiable component of tequila commercialization. There’s no way around it, but this requirement is manageable and the details will become clear.
In the context of Mexico—particularly within the tequila industry—strong interpersonal relationships and cultural understanding are essential. Mexico is about relationships and pride, especially in tequila. National pride and regional heritage play a critical role in shaping business dynamics. For smoother operations and long-term viability (and to avoid unnecessary headaches), it is strongly advised that brands establish a strategic relationship with a Master Distiller.
A qualified Master Distiller not only contributes to the development of a unique production process but also acts as a key intermediary across the value chain. This individual typically facilitates access to agave suppliers, supports regulatory navigation, and, in many cases, assists in commercial negotiations with distilleries. Their involvement can be instrumental in reducing bureaucratic friction and enhancing production efficiency. Think of this person as a Yoda with a jimador hat—they won’t just help create a unique production process, they’ll also open doors with agave suppliers, negotiate better, and help brands avoid getting lost in a sea of bureaucracy.
Participation According to the Tequila Regulatory Council
From the official perspective of the Consejo Regulador del Tequila (CRT), companies may be integrated into the industry through two distinct classifications:
- Producer: This designation applies to entities that either own, lease, or operate a distillery. These facilities must possess an official NOM (Norma Oficial Mexicana) number, which serves as a unique identifier for every CRT-certified distillery.
- Commercialization Entity: Brands without their own distillery fall under this classification. They operate in partnership with a certified distillery and produce tequila under the distillery’s NOM.
Regulatory Foundations: Documentation and Compliance
Assuming the brand does not intend to construct or lease a distillery and is instead focused on launching a tequila label through a third-party facility, the following are the minimum requirements:
Step 1: Trademark Registration
The initial step involves registering the brand’s trademark in its country of origin. If commercial plans include distribution in Mexico, it is highly advisable to also register the trademark with IMPI (Instituto Mexicano de la Propiedad Industrial). Early protection of intellectual property is significantly less costly and less complicated than legal recovery efforts later on. It’s better to secure rights early than fight for them later.
Step 2: Execution of a “Contrato de Corresponsabilidad”
This contract formally binds the brand to the selected distillery, making both parties jointly responsible for regulatory compliance under CRT standards. It is the key document linking any brand to a certified distillery. This document must be submitted to IMPI for registration. Provided the information is correctly filed, the process should cost no more than approximately $3,000 MXN (excluding legal representation). However, engaging legal counsel experienced in tequila industry regulations is highly recommended—seriously, it will save time and headaches.
Step 3: Await IMPI Approval
IMPI may take up to six months to process and approve the contract. The timeline may vary depending on the accuracy and completeness of the documentation.
Step 4: Submit to CRT
Once approved, the contract should be submitted to the CRT for formal recognition of the brand in its system. This step typically takes only a few business days. Once completed, the brand becomes officially recognized within the CRT-regulated tequila ecosystem.
Optional (But Recommended): Label Pre-Approval
Although not mandatory, it is considered best practice to submit the brand’s label design to the CRT to verify compliance with NOM-006-SCFI-2012. Either the distillery or the brand may carry out this submission. Proactive review mitigates the risk of delays or non-compliance in future commercial stages and avoids major problems later.
Important Notes
CRT Visibility: The brand will not appear in the CRT’s public registry until its first official bottling is completed. This is standard procedure and entrepreneurs shouldn’t panic if they search for their brand and it’s not there yet—it’s normal.
Additional Certifications: Depending on the brand’s positioning or intended markets, further certifications may be necessary, such as:
- Organic or kosher certification
- Label and packaging compliance for export
- Destination country-specific documentation
Additional certificates or compliance steps may apply depending on whether the brand plans to export, destination country regulations, and final label and packaging design compliance.
Legal and Fiscal Responsibilities
The brand must ensure that Non-Disclosure Agreements (NDAs) and production agreements with the distillery are comprehensive and clearly define responsibilities and contingencies. No operational detail should be left ambiguous or based on informal understandings—nothing should be left to chance or “good faith.” A phrase frequently heard in the industry—”We don’t regret, we just change our minds”—may sound humorous, but it often reflects a lack of legal safeguards that can result in financial or reputational damage. Funny? Not really—especially when the brand owner is the one holding the bill.
Moreover, if the brand intends to commercialize tequila within Mexico, it must secure a “marbete,” the official excise label issued by Mexico’s SAT (Servicio de Administración Tributaria). This is a mandatory requirement, and non-compliance can lead to serious legal consequences.
Brands should take the time to discuss openly with the distillery how taxes and compliance will be handled. It’s better to clarify responsibilities from the start than fix costly surprises later.
More Resources on Compliance
The Permits You Need to Sell Alcohol in the U.S.
New Size Allowances for Beverage Alcohol Packaging