NOM-070-SCFI-2016, sometimes shortened to NOM-70, is the mezcal “norm” or set of rules that defines what mezcal is (legally), describes production processes, and dictates the information mezcal brands must put on bottles. It was created to replace the first mezcal norm, which was deeply flawed. COMERCAM issued the first draft of NOM-070 in 2014 and, after much debate, it finally passed into law in 2017. Although purists were disappointed by some allowances (such as a provision for diffusers), NOM-070 is generally considered to be an improvement on the original rules. Some of the key changes that many people view as wins are the requirement that all mezcal must 100% agave and the creation of categories that allow “traditional” mezcal producers to distinguish their product from industrial mezcal.
What is mezcal?
First and foremost, the norm provides a definition of mezcal. According to the regulators, mezcal is an alcoholic drink, made in Mexico, derived from mature maguey (agave) and harvested within the denomination of origin (DO), obtained by distilling juices fermented with spontaneous or cultured yeasts.
What is a DO?
The DO is the Geographical Indicator (GI) that “indicates” that mezcal may legally be produced in Oaxaca, Guerrero, San Luis Potosí, Zacatecas, Durango, and parts of Guanajuato, Tamaulipas, Michoacán, and Puebla.
What are the different types of mezcal?
NOM-070 divides mezcal into three classes: ancestral, artisanal, and just “mezcal.”
Ancestral mezcal must be made by strictly old-fashioned practices. Ancestral mezcal producers must bake maguey in pits, crush the piñas with a mallet or a tahona, then ferment in stone pits; holes; tree trunks; wooden, clay or brick tanks; or animal hides. Ancestral mezcal must be distilled in wood-fired clay pot stills.
The rules for artesenal, or artisanal, mezcal are slightly more lenient–allowing, for example, the use of mechanical shredders and alembique (alembic) stills. Stills may include components of wood, copper, or stainless steel.
The “mezcal” category allows for production practices similar to the tequila industry. The agave can be cooked in ovens or autoclaves or processed in a diffuser. It can be fermented in wood, stainless steel, or masonry, and distilled in basically any kind of still.
NOM-070 further divides mezcal into six classes: blanco or joven; reposado; añejo; madurado en vidrio (which means rested in glass); “abocado con,” (which in this case means infused and possibly sweetened) and “destilado con,” (which means distilled with–such as pechugas.)
Additional hoops to jump through
According to NOM-070, mezcal must have an ABV of at least 35% and should not exceed 55%. It also sets out parameters for the allowable levels of certain compounds such as esters, methanol, and furfural. (Some producers take issue with these parameters and have complained that in order to comply they would need to change the way they make mezcal.)
The norm also sets out a bunch of rules for what producers must put on mezcal labels, such as the types of agaves distilled, what state the mezcal was made in, and the lot number. And the norm establishes that mezcal producers must prove compliance to accredited organizations–such as COMERCAM (which was known as the CRM for a time.)
If you’re a geek for regulations, you can read the full text of the norm here (in Spanish).
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