This week at Reason, I look at the proposed Mexican law that threatens small producers of mezcal:
That legislation is NOM 199, a proposal that would place additional restrictions on some of the least advantaged producers of agave spirits just as just as mezcal is finally beginning to receive the global acclaim it deserves. These distillers are already forced to compete without using the word “mezcal” on their labels; the term is governed by Denomination of Origin (DO) regulations that limit its use to just seven states in Mexico. Producers outside of those regions make spirits historically and informally known as mezcal, but they’re not permitted to call it that on their labels or when exporting. Instead, they must market their products as “destilado de agave,” or agave distillate.
This is a truthful description of their product, though many producers resent being excluded from the mezcal DO and make the case that use of the word has precedent in a much larger area than current law recognizes. But all definitions of spirits by geographic borders involve some arbitrary demarcation, and if this were only a debate about where to draw the line for where the word “mezcal” can be put on a bottle, it would be a less interesting story. NOM 199 goes even further, banning producers not only from calling their product mezcal, but requiring them to abandon use of the word “agave” as well. A new word, “komil,” would be forced upon them. Critics assert that this would further marginalize the producers of these spirits, many of whom are poor and live far from the central Mexican government.