Regulation · 7 min read

How to legally sell kombucha in Mexico

On paper, Mexico is the easiest of the region's three big markets to enter: there is no kombucha standard, no per-product sanitary registration, and the only sanitary filing is a free aviso de funcionamiento. The hard part is not the permit; it is the label. This is the map, in producer language.

If you have read how it works in Argentina or Brazil, brace for a system that runs the other way around: there, the product has its own standard and prior registration; in Mexico, neither.

No standard of its own (and that defines everything)

No Norma Oficial Mexicana names kombucha or water kefir. There is no product NOM. Your kombucha moves under the general framework for food and non-alcoholic beverages: the Ley General de Salud, its sanitary-control regulation (RCSPS), the NOM-251 hygiene norm and the NOM-051 labeling norm.

The 2% line

Here comes the biggest difference from the rest of the region. The Ley General de Salud (art. 217) treats as an alcoholic beverage only a drink containing from 2% up to 55% alcohol by volume, and NOM-051 defines a non-alcoholic beverage as one with less than 2.0% vol. Brazil and Argentina draw their line at 0.5%; Mexico draws it at 2%. A kombucha that stays below 2% is legally not an alcoholic beverage.

Two nuances worth respecting. First: if your product contains any alcohol, even below 2%, the regulation (RCSPS appendix, item II.2) requires declaring it on the label's main display surface with the legend "Este producto contiene % de alcohol. No recomendable para niños". Low alcohol is not invisible alcohol. Second: at 2% or above you switch worlds, and NOM-142 treats you as a fermented alcoholic beverage with its own labeling regime. Knowing which side of the line each batch sits on is measurement and record work, not guesswork.

The aviso de funcionamiento: free, and 30 days before

For foods and beverages there is no per-product sanitary registration: they are absent from Article 376 of the Ley General de Salud. What you file is a per-establishment aviso de funcionamiento (art. 200 Bis), procedure COFEPRIS-05-018. It is free, it is a notice rather than a license (you do not wait for an approval), and it is filed online via DIGIPRIS or with your state health authority.

One fact half the guides on the internet get wrong: since the 2014 reform, the aviso must be filed at least 30 days before starting operations. The old "within 10 days after opening" rule no longer exists. And unlike some other lines of business, a food and beverage establishment does not need a responsable sanitario; that figure applies to health products, health services and environmental health.

Hygiene mandatory, HACCP voluntary

NOM-251-SSA1-2009 is mandatory for anyone processing food or beverages in Mexico: good hygiene practice in your workshop or plant. The HACCP system, by contrast, is voluntary for kombucha: the norm itself says you "may" implement it using its Appendix A as a guide, and it would only become mandatory if a product norm required it, which for kombucha does not exist.

Voluntary in law does not mean useless in practice: it is the discipline that keeps your batches safe, and it is the first thing a large buyer or a private auditor will ask for. In Argentina, in fact, the same system is mandatory by norm. If you export or grow, you will want it.

The real test is the label: the seals

Since October 1, 2025 the definitive phase of NOM-051 applies, and for a sweetened kombucha this is the serious part. In beverages, just 8 kcal of free sugars per 100 ml (about 2 g of sugar) earns the EXCESO CALORÍAS seal, as does 70 kcal total per 100 ml. And if 10% or more of the energy comes from free sugars, nearly unavoidable in a kombucha with residual sugar, you also carry EXCESO AZÚCARES. The sugar left over from fermentation counts as free sugar.

Two more consequences: if you use sweeteners, the legend "CONTIENE EDULCORANTES, NO RECOMENDABLE EN NIÑOS" applies, and a label carrying seals may not use child-directed characters or mascots (numeral 4.1.5). Knowing how much free sugar remains in each finished batch is not curiosity: it decides which seals your label carries.

Mandatory, not optional

Operating without the aviso de funcionamiento is sanctioned with a fine of up to 2,000 UMA (art. 419 of the Ley General de Salud), which at the 2026 UMA is roughly $234,000 MXN. And the federal aviso is not the whole local story: state and municipal operating licenses vary with where you produce, so confirm them with your state and municipality.

After the aviso come the records

The aviso is a form you file once. What sustains you every day are the records: how much free sugar remains in each batch (your seals depend on it), which side of the 2% line your alcohol sits on (your label depends on it), the traceability of every packaging run and the food-safety plan your buyers will ask for even where the law does not. BrauMo does not file your aviso with COFEPRIS; that is your one-time paperwork. It handles what never ends: dated readings on the batch, raw material to packaging, ready to show, in the same app for your kombucha and your water kefir. See BrauMo, at US$29 a month for Latin America.

One support point that exists and is verifiable: KBI México (Kombucheros Unidos Mexicanos), the Mexican chapter of Kombucha Brewers International. Official sources: the Ley General de Salud (arts. 200 Bis, 217, 376 and 419), the RCSPS, the NOM-051 (2020 modification) and NOM-251. This text is producer-to-producer orientation, not legal advice: the norms are the reference.

BrauMo does not file your aviso with COFEPRIS, but it looks after what decides your label and your sales every day: sugar and alcohol measured and dated on the batch, traceability in one search, the full history from bottle to raw material. Being compliant stays your work. See BrauMo →

Related reading

See how BrauMo handles this: Take the product tour → · See pricing →