FEDERAL LAW ON METROLOGY AND NORMALIZATION
Published in the DOF on July 1, 1992
Last reform published in the DOF on July 14, 2014
On the sidelines is a seal with the National Shield, which says: The United Mexican States. -Presidency of the Republic.
CARLOS SALINAS DE GORTARI, Constitutional President of the United Mexican States, to its inhabitants, known:
That the H. Congress of the Union has been used to address the following
" THE CONGRESS OF THE MEXICAN UNITED STATES, DECREE:
FEDERAL LAW ON METROLOGY AND NORMALIZATION
ARTICLE 1o.- This Law will govern throughout the Republic and its provisions are of public order and social interest. Its application and surveillance are the responsibility of the Federal Executive, through the federal public administration agencies that have competence in the matters regulated in this order.
Whenever the Secretariat is mentioned in this Law, the Secretariat of Economy will be understood.
ARTICLE 2o.- This Act is intended to:
I. In the field of Metrology:
a) Set the General System of Measurement Units;
b) Precise fundamental concepts on metrology;
c) Set requirements for the manufacture, import, repair, sale, verification and use of measuring instruments and patterns of measurement;
d) Establish the enforcement of measurement in commercial transactions and indicate net content in packaged products;
e) Instituting the National Calibration System;
f) Create the National Metrology Center, as a high-level technical agency in the field; and
g) Regular, in general, other materials related to metrology.
II. For standardisation, certification, accreditation and verification:
a) Promote transparency and efficiency in the elaboration and observance of Mexican official standards and Mexican standards;
b) The National Committee for Standardisation to assist in the activities that it is necessary to carry out to the various dependencies of the federal public administration;
c) Establish a uniform procedure for the elaboration of Mexican official standards by federal public administration agencies;
d) Promote the participation of the public, private, scientific and consumer sectors in the elaboration and observance of Mexican official norms and Mexican norms;
e) Coordinate the standardization, certification, verification, and test laboratories activities of federal public administration agencies;
f) Establish the national accreditation system for standards and certification bodies, testing units and test and calibration laboratories; and
g) In general, disseminate the standardisation actions and other related activities.
ARTICLE 3o.- For the purposes of this Law, it is understood by:
I. Accreditation: the act by which an accreditation entity recognizes the technical competence and reliability of certification bodies, test laboratories, calibration laboratories and verification units for conformity assessment;
II. Calibration: the set of operations intended to determine the errors of an instrument to measure and, if necessary, other metrological characteristics;
III. Certification: procedure by which it is ensured that a product, process, system or service conforms to the standards or guidelines or recommendations of national or international standards dedicated to standards;
IV. Dependencies: federal public administration dependencies;
IV-A. Compliance Assessment: Determination of compliance with Mexican official standards or compliance with Mexican standards, international standards or other specifications, requirements or characteristics. It includes, inter alia, the sampling, testing, calibration, certification and verification procedures;
V. Instruments for measuring: the technical means with which measurements are made and which comprise the measured measurements and the measuring devices;
VI. Measure: the act of determining the value of a magnitude;
VII. Materialized measure: the device intended to reproduce in a permanent manner during its use, one or more known values of a given magnitude;
VIII. Manifestation: the declaration made by a natural or moral person to the Secretariat of the instruments to measure that they are manufactured, imported, used or intended to be used in the country;
IX. Method: how to perform a process operation, as well as its verification;
X. Mexican standard: the one that a national standardization body, or the Secretariat, produces in the terms of this Law, which provides for common and repeated rules, specifications, attributes, test methods, guidelines, characteristics or requirements applicable to a product, process, installation, system, activity, service or method of production or operation, as well as those relating to terminology, symbology, packaging, marking or labeling;
X-A. International standard or lination: the standard, guideline or normative document issued by an international standardisation body or other body International law-related matter, recognized by the Mexican government in the terms of international law;
XI. Mexican official standard: the technical regulation of compulsory observance issued by the competent agencies, in accordance with the objectives set out in the Article 40, which establishes rules, specifications, attributes, guidelines, characteristics or requirements applicable to a product, process, installation, system, activity, service or method of production or operation, as well as those relating to terminology, symbology, packaging, marking or labelling, and those that relate to their compliance or application;
XII. Certification bodies: moral persons who are intended to perform certification functions;
XIII. National standards bodies: moral people who aim to develop Mexican standards;
XIV. Pattern: materialised measure, measuring apparatus or measurement system intended to define, perform, preserve or reproduce a unit or one or more known values of a magnitude to transmit them by comparison to other instruments of measurement;
XV. National pattern: the authorized pattern to obtain, fix or contrast the value of other patterns of the same magnitude, which serves as the basis for the fixing of the values of all the patterns of the given magnitude;
XV-A. Accredited persons: certification bodies, test laboratories, calibration laboratories, and verification units recognized by a accreditation entity for conformity assessment;
XVI. Process: the set of activities related to the production, production, manufacture, manufacture, preparation, preservation, mixing, conditioning, packaging, handling, assembly, transport, distribution, storage and supply to the public of products and services;
XVII. Verification Unit: the physical or moral person who performs verification acts; and
XVIII. Verification: ocular observation or verification by sampling, measurement, laboratory testing, or examination of documents that are performed to evaluate the compliance at any given time.
ARTICLE 4.- The Secretariat, in coordination with the Secretariat of Foreign Affairs and in the terms of the Organic Law of the Federal Public Administration, will represent the country in all events or matters relating to metrology and standardisation at international level, without prejudice to the participation of other interested parties in such representation and in accordance with its powers, in accordance with its competence; coordination with the Secretariat itself. Representatives of public and private bodies may also participate, at the invitation of the Secretariat.
From The General System Of Measurement Units
ARTICLE 5o.- In the United Mexican States the General System of Units of Measure is the only legal and compulsory use.
The General System of Units of Measure is integrated, among others, with the basic units of the International System of Units: of length, the meter; of mass, the kilogram; of time, the second; thermodynamic temperature, kelvin; electric current intensity, ampere; luminous intensity, candela; and quantity of substance, mol, as well as supplementary, derived from base units and multiples and submultiples of all of them, which will approve the General Conference of And measures and are foreseen in Mexican official norms. It also integrates with those not included in the international system that accepts the aforementioned organism and is included in such orders.
ARTICLE 6.- Exceptionally the Secretariat may authorize the use of units of measure of other systems to be related to foreign countries that have not adopted the same system. In such cases, they shall, together with the units of other systems, express their equivalence with those of the General System of Units of Measure, unless the Secretariat itself exempts from this obligation.
ARTICLE 7o.- The Base Units, supplementary and derived from the General System of Measure Units as well as their symbology will be entered in the Mexican official norms.
ARTICLE 8.- The official and private schools that are part of the national education system should include in their study programs the teaching of the General System of Units of Measure.
ARTICLE 9o.- The Secretariat shall be responsible for the preservation of the national prototypes of units of measurement, meter and kilogram, assigned by the International Bureau of Pesos and Measures to the United Mexican States.
Of The Instruments for Medir
ARTICLE 10.- The instruments to measure and patterns that are manufactured in the national territory or are imported and that are subject to official Mexican standards, require, prior to the placing on the market, approval of the model or prototype by the Secretariat without prejudice to the privileges of other departments. They shall comply with the requirements set out in this Article for measuring instruments and patterns which are used as a base or used for:
I. A business transaction or to determine the price of a service;
II. The remuneration or estimation, in any form, of personal work;
III. Activities that can affect life, health, or bodily integrity;
IV. Acts of an expert, judicial or administrative nature; or
V. The verification or calibration of other measuring instruments.
ARTICLE 11.- The Secretariat may require manufacturers, importers, marketers or users of measuring instruments, the verification or calibration of these instruments, when metrological inefficiencies are detected in the same, either before they are sold, or during their use.
For the purposes of the above, the Secretariat will publish in the Official Journal of the Federation, with due anticipation, the list of measuring instruments and patterns whose Initial, periodic or extraordinary checks or calibration shall be mandatory, without prejudice to the extension or modification of such checks at any time.
ARTICLE 12. The Secretariat, as well as the persons accredited by it, when verifying the instruments to measure, will leave the interested parties documents proving that such an act has been officially carried out. This verification shall include the verification of the accuracy of the instrument within the tolerances and other requirements laid down in the official Mexican standards and, where appropriate, the adjustment of the same when they have the devices appropriate for this.
ARTICLE 13.- The containers which, not being instruments for measuring, are repeatedly intended to contain or transport materials which are the object of transactions whose mass is determined by simultaneously measuring the container and the material; visible and indelibly with legible characters and its gross weight, which may be verified in the form and places specified by the Secretariat; also, when its repeated and systematic filling so permits and requires, upon dispatch of the Standard Mexican official corresponding, must count on each occasion to the filling, with the seal of inviolability that guarantees the quantity, quality and quality of the matter.
ARTICLE 14.- Instruments to measure when they do not meet regulatory requirements will be frozen before they are sold or used until they meet them. Those who cannot be conditioned to comply with the requirements of this Law or their regulations will be misused.
From Mandatory Measurement of Transactions
ARTICLE 15.- In any commercial, industrial or service transaction that is carried out on a quantity basis, it shall be measured using the appropriate measuring instruments, except in cases that point to the regulation, taking into account the nature or properties of the object of the transaction.
The Secretariat shall determine the appropriate measuring instruments for the subject matter of the transaction and for the highest efficiency of the measurement.
ARTICLE 16.- The holders of the measuring instruments have an obligation to allow any party affected by the measurement result to make sure that the procedures used in it are appropriate.
ARTICLE 17. Automatic measurement instruments that are used in water, gas, electrical energy, or other services to be determined by the The secretariat is subject to the following:
I. The authorities, undertakings or persons directly providing the service shall be required to have the sufficient number of standard instruments, as well as with the necessary laboratory equipment to check, on their own, the degree of accuracy of the instruments in use;
The Secretariat will be able to exempt suppliers from having laboratory equipment, when several companies provide the same service and suffer the cost of such equipment. for use by the Secretariat itself, where the adjustment of the instruments shall be the responsibility of the Secretariat;
II. The suppliers will be able to move freely all parts of the instruments to measure that they use to repair or adjust them, provided that they have measurement patterns and laboratory equipment. In such cases, the necessary seals must be placed on such instruments to prevent persons from being able to modify their conditions of adjustment;
III. The authorities, undertakings or persons providing the services shall bear the responsibility for the conditions of adjustment of the instruments they employ, provided that the respective instrument holds the stamps imposed by the supplier;
IV. The Secretariat may practice the verification of the instruments referred to in this Article. In the case of services provided by parastatal agencies or entities, which have the equipment referred to in the fraction I, the verification shall be done by sampling; and
V. With the exception provided for in part II, in no other case may the stamps which the supplier has imposed or, where applicable, the Secretariat be destroyed. Those who do so shall be creditors to the respective penalty and to the estimated payment of the consumption.
ARTICLE 18.- The Secretariat will require that the instruments to measure that they serve as the basis for transactions, meet the requirements indicated by this Law, its regulations or the rules Mexican officials so that the public can appreciate the measurement operation.
ARTICLE 19.- Holders of scales with a maximum measurement range equal to or greater than five tons shall be kept at the place where the scale, taras or access to the scales is used. these, the minimum equivalent of which is 5% of the maximum extent of the same.
The Secretariat may require that the operation of that scale be carried out by persons who meet the required capacity requirements.
ARTICLE 20.- It is forbidden to use instruments to measure that they do not comply with the specifications laid down in Mexican official standards.
The improper use of instruments to measure damage to a person will be sanctioned according to the respective legislation.
ARTICLE 21.- Products packaged or packaged by manufacturers, importers or traders must be in their packaging, packaging, wrapping or label, 'net content' means the indication of the quantity of material or goods contained therein. Such quantity shall be expressed in accordance with the General System of Units of Measure, with legible characters and in places where it is readily appreciated.
When the transaction is made on the basis of quantity of parts, accessories or units of effect, the indication shall refer to the number contained in the package or package and, where appropriate, to its dimensions.
In packaged or packaged food, the net content must correspond to the total. Where liquid and solid parts are composed, the net content shall also be indicated by the quantity of drained mass.
ARTICLE 22.- The Secretariat shall fix the permissible tolerances as to the net content of the packaged or packaged products, in the same manner as the alterations that may be affected by its nature or by phenomena which change the quantity in question. Those tolerances shall be fixed for the purposes of verification of the net content.
ARTICLE 23.- If, when verifying the quantity indicated as net content of the packaged or packaged products to be found outside the set tolerance, the The Secretariat shall, in addition to imposing the administrative penalty, prohibit its sale until the net content of legible characters is remarked or completed.
The selection of samples for the verification of the net content shall be carried out at random and using the statistical sampling system, in which case the result of the verification shall be for, to proceed, to prohibit the sale as long as the net content is not remarqued or completed.
of The National Calibration System
ARTICLE 24.- The National Calibration System is instituted in order to ensure the uniformity and reliability of the measurements performed in the country, both in the concerning commercial and service transactions, as in industrial processes and their respective scientific research and technological development work.
The Secretariat will authorize and control the national standards of the basic units and derivatives of the General System of Measurement Units and coordinate actions to determine the accuracy of the patterns and instruments used to measure the use of the accredited laboratories in relation to that of the respective national standards in order to obtain the uniformity and reliability of the measurements.
ARTICLE 25. The National Calibration System will be integrated with the Secretariat, the National Metrology Center, the corresponding accreditation entities, the Accredited calibration laboratories and other experts in the field which the Secretariat considers appropriate. In support of this System, the Secretariat will carry out the following actions:
I. Participate in the evaluation committees for the accreditation of laboratories to provide technical measurement and calibration services;
II. Integrate with accredited laboratories calibration chains, according to the levels of accuracy assigned to them;
III. To disseminate the measurement capacity of accredited laboratories and the integration of calibration chains;
IV. Authorize measurement and calibration methods and procedures and establish a bank of information to disseminate them in the official, scientific, technical and industrial means;
V. Establish agreements with foreign and international official institutions for the mutual recognition of calibration laboratories;
VI. To conclude collaboration and metrological research agreements with state governments, institutions, agencies and companies both domestic and foreign;
VII. Establish periodic assessment mechanisms for calibration laboratories that are part of the system; and
VIII. The others that are required to ensure the uniformity and reliability of the measurements.
ARTICLE 26. For the accreditation of calibration laboratories, the provisions of Article 68 shall be provided.
When technical measurement and calibration services are required for conformity assessment with respect to official Mexican standards, accredited laboratories they shall have the approval of the Secretariat in accordance with Article 70 and with patterns of measurement with traceability to national standards.
The accreditation and approval of the laboratories shall be granted for each specific calibration or measurement activity.
ARTICLE 27.- Accredited laboratories may provide calibration and measurement operations. The result of the calibration of measurement patterns and measuring instruments shall be recorded in the opinion of the laboratory, which is subscribed by the laboratory responsible, indicating the degree of accuracy corresponding to the data, allow the identification of the measurement pattern or instrument to measure.
Measurement operations shall be recorded in opinions to be issued, under their responsibility, by the natural person who is authorised by each laboratory for that purpose.
ARTICLE 28. (Repeals)
From The National Metrology Center
ARTICLE 29.- The National Metrology Center is a decentralized body with legal personality and its own patrimony, in order to carry out high-level functions technical equipment in the field of metrology.
ARTICLE 30.- The National Metrology Center will have the following functions:
I. Fungir as the primary laboratory of the National Calibration System;
II. Preserve the national pattern corresponding to each magnitude, unless its conservation is more convenient in another institution;
III. Provide calibration services to the measurement patterns of laboratories, research centers or industry, when requested, as well as to issue the corresponding certificates;
IV. Promote and conduct research and technological development activities in the different fields of metrology, as well as contribute to the formation of human resources for the same purpose;
V. Advise industrial, technical and scientific sectors regarding measurement problems and certify reference standard materials;
VI. Participate in the exchange of metrological development with national and international agencies and in the intercomparison of measurement patterns;
VII. Perform third-party expertise and rule on the technical calibration or measurement capability of laboratories, at the request of a party or the Secretariat within the evaluation committees for accreditation;
VIII. Organize and participate, where appropriate, in congresses, seminars, conferences, courses or in any other type of events related to metrology;
IX. To conclude agreements with research institutions that have the capacity to develop primary patterns or high-precision instruments, as well as educational institutions that can offer specializations in metrology;
X. To conclude collaboration and metrological research agreements with national and foreign institutions, agencies and companies; and
XI. The others that are required for operation.
ARTICLE 31.- The National Metrology Center will be composed of a Board of Directors, a Director General, and the trusted and operational personnel required.
In addition, the surveillance organs that correspond according to the Federal Law of the ParaState Entities will be constituted.
ARTICLE 32.- The Board of Directors of the National Metrology Center will be integrated with the Secretary of the Economy, who will preside over it; the deputy secretaries whose The Ministry of Finance and Public Credit; Energy; Public Education; Communications and Transportation; a representative of the National Autonomous University of Mexico; a representative of the Institute National Polytechnic; the Director General of the National Council of Science and Technology; two representatives of the National Confederation of Industrial Chambers; the National Chamber of the Transformation Industry and the National Confederation of Chambers of Commerce and the Director General of Standards of the Secretariat. An alternate shall be appointed for each owning member.
A proposal from any of the members of the Board of Directors may be invited to participate in the sessions to representatives of the institutions of high level teaching and research and other industrial organisations.
ARTICLE 33.- The Board of Directors will have the following attributions:
I. Issue their organic status;
II. Study and, where appropriate, approve the annual operational programme;
III. Analyze and approve, where appropriate, the periodic reports to be submitted by the Director General, with the intervention corresponding to the Commissioners;
IV. Approve the revenue and revenue budgets;
V. Monitor the exercise of the budgets referred to in the previous fraction;
VI. Examine and, where appropriate, approve the body's annual balance sheet and financial reports, duly audited;
VII. Authorize the creation of technical and support committees;
VIII. Issue the regulation referred to in Article 36;
IX. Approve the realization of other activities aimed at achieving the purposes of the National Metrology Center; and
X. The others that point to the applicable laws, regulations and legal provisions.
ARTICLE 34.- The Director General of the National Metrology Center will be appointed by the President of the Republic. The public servants of the immediate hierarchies below the Director General shall be appointed by the Board of Directors on a proposal from the Director General.
ARTICLE 35.- The Director General of the National Metrology Center will have the following powers and obligations:
I. Represent the body before all kinds of authorities, with all the general powers referred to in Article 2554 of the Civil Code for the Federal District in Materia Common, and for the entire Republic in Federal Matter, and the special ones that are required for the exercise of his office;
II. Develop the annual operational program and submit it to the Board of Directors; as well as seek the execution of the program that is approved;
III. Establish and maintain relationships with international metrology agencies and other countries;
IV. Constitute and coordinate working groups specializing in metrology;
V. Designate the trust staff, except for the two immediate lower hierarchies of their position, on the basis of the provisions of the following article, as well as the other staff;
VI. Formulate the body's annual draft budget, submit it to the Board of Directors and monitor the exercise of its approval;
VII. Render the periodic reports to the Board of Directors relating to the activities carried out, to the budget exercised and in the other matters to be known to the Board of Directors; and
VIII. To implement the agreements of the Board of Directors and, in general, to carry out the activities for the due performance of the functions of the National Metrology Center and of the approved programs for this purpose.
ARTICLE 36.- The designations of the Director General and the technical staff of trust must be placed on professionals in the field of science or engineering with recognition experience in the field of metrology. The respective designations shall be made on the basis of the results of the evaluation of these professionals. The promotions will be made on the basis of the performance evaluation, in accordance with the regulations approved by the Board of Directors for this purpose.
The staff of the National Metrology Center will be incorporated into the Workers ' Social Security and Services regime at the State Service and its relations with the Center will be shall be governed by the Federal Law of Workers to the State Service, Regulatory of Apparatus B) of Article 123 Constitutional.
ARTICLE 37.- The heritage of the National Metrology Center will be integrated with:
I. The goods provided by the Federal Government;
II. The resources allocated annually by the Federal Government within the budget approved to the Secretariat of the Economy;
III. The revenue it receives from the services it provides and those resulting from the use of its assets; and
IV. The other goods and rights that it acquires for the realization of its purposes.
ARTICLE 38.- Corresponds to dependencies according to their scope of competence:
I. Contribute to the integration of the National Program of Standardisation with the proposals of Mexican official standards;
II. Exorder Mexican official rules on matters related to their privileges and determine their date of entry into force;
III. Run the National Standardisation Program in their respective areas of competence;
IV. Constituency and Chair of National Normalization Advisory Committees;
V. Certify, verify and inspect that products, processes, methods, facilities, services or activities comply with Mexican official standards;
VI. Participate in the evaluation committees for accreditation and approve certification bodies, test laboratories and units of verification based on the results of such committees, when required for the purposes of conformity assessment, with respect to official Mexican standards;
VII. Coordinate in cases that proceed with other dependencies to comply with the provisions of this Law and communicate to the Secretariat its opinion on the projects of technical regulations of other countries, in the terms of international agreements and treaties in which the United Mexican States is a party;
VIII. Coordinate with institutions of higher education, associations or colleges of professionals, to constitute study and training programs with the purpose of training qualified technicians and promoting the activities referred to in this Law; and
IX. The other privileges that this Law and its regulations confer on you.
ARTICLE 39. Corresponds to the Secretariat, in addition to what was established in the previous article:
I. Integrate the National Program of Standardisation with Mexican official standards and Mexican standards that are intended to be drawn up annually;
II. Code Mexican official standards for materials and maintain inventory and collection of Mexican official standards and Mexican standards, as well as standards. international and other countries;
III. Fungir as Technical Secretary of the National Committee for Standardisation and National Standards Committees, unless the committees themselves decide to appoint the technical secretary to them;
IV. Maintain a registry of national standards bodies, accreditation entities, and accredited and approved persons;
V. Exorder the Mexican official rules referred to in Article 40 (IV), VIII, IX, XII, XV and XVIII of this Law in the areas of their jurisdiction. competence;
VI. Carry out actions and programs to promote the quality of Mexican products and services;
VII. Coordinate with the other dependencies and with the Federal Telecommunications Institute for the proper compliance with the provisions of this Law, on the basis of to the privileges of each unit and of that Institute;
VIII. Participate in a voice and vote in the National Advisory Committees on Standardisation in which industrial or commercial activities are affected;
IX. Authorize accreditation entities, receive claims against such entities, and, if applicable, require revision of the The guidelines for the organization of the evaluation committees, as well as the approval of the National Committee for Standardisation, are approved by the National Committee for Standardisation.
X. Coordinate and direct international standards committees and activities and other related topics covered by this Law;
XI. Fungir as a standardization information center and notify Mexican official standards as provided for in the agreements and treaties of which the United Mexican States is a party, for which the agencies will have to provide the necessary information in a timely manner; and
XII. The other powers that you trust this Law and its regulations.
Of Mexican Official Standards and Mexican Standards
Of The Mexican Official Rules
ARTICLE 40.- Mexican official rules will be intended to establish:
I. The characteristics and/or specifications to be collected by the products and processes where such products and processes may constitute a risk to the safety of persons or to damage human, animal, plant, general and occupational health, or to the preservation of natural resources;
II. The characteristics and/or specifications of the products used as raw materials or parts or materials for the manufacture or assembly of final products subject to compliance with Mexican official standards, provided that they comply with the specifications of these are indispensable for such raw materials, parts or materials;
III. The characteristics and/or specifications to be collected by the services where they may constitute a risk to the safety of persons or to damage human, animal, plant or general environmental and occupational health or in the case of service delivery across the board for the consumer;
IV. The characteristics and/or specifications related to measuring instruments, measurement patterns and their methods of measurement, verification, calibration and traceability;
V. The specifications and/or procedures for packaging and packaging of products which may constitute a risk to the safety of persons or damage the health of persons or the environment;
VII. The health, safety and hygiene conditions to be observed in the workplace and other public gathering centres;
VIII. The nomenclature, expressions, abbreviations, symbols, diagrams or drawings to be used in the industrial, commercial, service or communication technical language;
IX. The description of emblems, symbols, and passwords for purposes of this Act;
X. The characteristics and/or specifications, criteria and procedures to protect and promote the improvement of the environment and ecosystems, as well as the preservation of natural resources;
XI. The characteristics and/or specifications, criteria and procedures to protect and promote the health of humans, animals or plants;
XII. The determination of the commercial, sanitary, ecological, quality, safety and hygiene information and requirements to be met by the labels, packaging, packaging and advertising of products and services to provide information to the consumer or user;
XIII. The characteristics and/or specifications to be collected by equipment, materials, devices and industrial, commercial, service and domestic facilities for sanitary, aquaculture, agricultural, livestock, ecological, communications, safety or quality and particularly where they are dangerous;
XV. Support for the country's product designations;
XVI. The characteristics and/or specifications to be collected by the apparatus, networks and communication systems, as well as transport vehicles, equipment and related services to protect the general communication routes and their safety users;
XVII. The characteristics and/or specifications, criteria and procedures for the handling, transport and confinement of hazardous industrial materials and waste and radioactive substances; and
XVIII. Other where it is necessary to standardise products, methods, processes, industrial, commercial or service systems or practices in accordance with other legal provisions, provided that the provisions of Articles 45 to 47 are observed.
The criteria, rules, instructions, manuals, circulars, guidelines, procedures or other mandatory provisions requiring the establishment of dependencies and relate to the matters and purposes set forth in this article, may only be issued as Mexican official rules in accordance with the procedure laid down in this Law.
ARTICLE 41.- Mexican official rules should contain:
I. The name of the rule and its key or code, as well as the purposes of the rule as provided for in Article 40;
II. The identification of the product, service, method, process, installation or, where appropriate, of the object of the rule in accordance with the provisions of the preceding article;
III. The specifications and characteristics that correspond to the product, service, method, process, installation or establishments that are established in the standard by reason of their purpose;
IV. The test methods applicable in relation to the standard and, where applicable, sampling methods;
V. The data and other information to be contained in the products or, failing this, their packaging or packaging, as well as the size and characteristics of the various indications;
VI. The degree of agreement with international standards and guidelines and with the Mexican norms taken as the basis for their elaboration;
VII. The bibliography corresponding to the rule;
VIII. The mention of the or the dependencies that will monitor compliance with the rules when there is a competition of competencies; and
IX. Other mentions that are considered suitable for the proper compression and scope of the standard.
ARTICLE 42. (Repeated)
ARTICLE 43.- In the elaboration of official Mexican norms, they will participate, exercising their respective attributions, the dependencies to which the regulation or control corresponds of the product, service, method, process or installation, activity or subject to be normalized.
ARTICLE 44.- It is up to the agencies to produce the first Mexican official standards and submit them to the national advisory committees for standardization.
Also, national standards bodies may submit to such committees, as projects, the Mexican standards they issue.
The National Advisory Committees for Standardisation, based on the above mentioned projects, will in turn draw up the draft Mexican official standards, in accordance with the provided in this Chapter.
For the elaboration of official Mexican norms, it will have to be reviewed if there are other related ones, in which case the corresponding dependencies will be coordinated jointly produce a single official Mexican standard by sector or matter. In addition, Mexican and international standards shall be taken into consideration, and where the latter do not constitute an effective or appropriate means of meeting the purposes laid down in Article 40, the dependency shall inform the Secretariat before the project is published in the terms of Article 47, fraction I.
Interested persons will be able to present to the agencies, proposals of Mexican official norms, which will make the corresponding evaluation and, if necessary, submit to the committee the preliminary draft in question.
ARTICLE 45. The preprojects that are presented in the committees for discussion will be accompanied by a manifestation of regulatory impact, in the form determined by the Secretariat, which shall contain a brief explanation of the purpose of the rule, of the proposed measures, of the alternatives considered and of the reasons for which they were discarded, a comparison of those measures with the background regulatory, as well as a general description of the advantages and disadvantages and the technical feasibility of checking compliance with the standard. For the purposes of Article 4A of the Federal Law of Administrative Procedure, the event must be presented to the Secretariat on the same date as the committee.
When the rule could have a broad impact on the economy or a substantial effect on a specific sector, the event should include an analysis in terms of monetary value of the present value of the potential costs and benefits of the preliminary draft and of the alternatives considered, as well as a comparison with the international norms. If such analysis is not included in accordance with this paragraph, the committee or the Secretariat may require it within 15 calendar days following the event of the event to the committee, in which case the time limit specified in the article shall be interrupted. 46, fraction I.
When the analysis referred to is not satisfactory in the opinion of the committee or the Secretariat, they may request the agency to appoint an expert, which must be approved by the president of the National Committee for Standardisation and the Secretariat. If no agreement exists, the latter shall appoint their respective experts to work together with the one designated by the agency. In both cases, the cost of the contract will be charged to the budget of the dependency or to the individuals concerned. Such a request may be made from the time of the analysis to the committee and up to 15 calendar days after the publication provided for in Article 47, I. Within 60 calendar days following the recruitment of the expert or experts, the review of the analysis and the submission of comments to the committee shall be carried out, from which the time limit referred to in Article 47 shall be taken into account. II.
ARTICLE 46.- The elaboration and modification of Mexican official standards will be subject to the following rules:
I. The priority projects referred to in Article 44 shall be submitted directly to the national standardisation advisory committee concerned, so that, within a period not exceeding 75 calendar days, it shall make observations; and
II. The dependency or body which drew up the preliminary draft standard shall provide for the observations submitted by the Committee within a period of not more than 30 calendar days from the date on which it was presented to it and, where appropriate, make the corresponding amendments. Where the undertaking submitted by the project does not consider the observations submitted by the Committee to be justified, it may request the latter's presidency, without amending its preliminary draft, to order the publication as a project in the Official Journal of the Federation.
ARTICLE 47.- The Mexican official rules projects will conform to the following procedure:
I. They will be published in full in the Official Journal of the Federation in order to the following 60 calendar days interested parties submit their comments to the relevant national standardisation advisory committee. During this period the event referred to in Article 45 shall be made available to the public for consultation on the committee;
II. At the end of the period referred to in the previous section, the national standardisation advisory committee concerned shall examine the comments received and, where appropriate, amend the draft within a period not exceeding 45 days. natural;
III. The publication in the Official Journal of the Federation of responses to comments will be ordered. received as well as modifications to the project, at least 15 calendar days prior to the publication of the official Mexican standard; and
IV. Once approved by the respective normalization committee, Mexican official standards will be issued by the competent authority and published in the Official Journal of the Federation.
When two or more dependencies are competent to regulate a good, service, process, activity or matter, they must issue the official Mexican rules together. In all cases, the committee chair will be responsible for ordering the publications in the Official Journal of the Federation.
The provisions of this article shall not apply in the case of the following article.
ARTICLE 48.- In cases of emergency, the competent authority may draw up directly, even without the preliminary draft or project, and, where appropriate, the participation of the other competent agencies, the official Mexican standard, which will be ordered published in the Official Journal of the Federation with a maximum duration of six months. In no case may the same rule be issued more than two consecutive times in the terms of this article.
Prior to the second expedition, a manifestation of regulatory impact must be presented to the Secretariat and if the dependency that elaborated the norm decided to extend the the term of validity or the permanent term, shall be presented as a preliminary draft in the terms of Article 46 (I) and (II.
Only unexpected events that affect or threaten the purposes set out in Article 40 shall be considered to be an emergency.
The official Mexican standard must comply with the provisions of Article 41, establish the scientific or technical basis that supports their expedition according to the objectives established in Article 40 and aim to prevent irreparable or irreversible damage.
ARTICLE 49. When an official Mexican standard forces the use of materials, equipment, processes, test methods, mechanisms, procedures or technologies specific, the addressees of the rules may apply for authorization to the agency that has issued it to use or apply materials, equipment, processes, test methods, mechanisms, procedures or alternative technologies. The application must be accompanied by the necessary scientific or objective evidence to verify that the proposed alternative is met for the purposes of the respective standard.
The dependency will take the copy of the request to the national advisory committee for corresponding normalization within 5 calendar days after the receipt, the which may give its opinion. In any case, the dependency must be resolved within 60 calendar days of receipt of the application. This time limit shall be extended once for the same period and shall be suspended in case the dependency requires the data subject to provide further justification, and shall resume on the working day following the date on which the request is fulfilled. The authorisation shall be granted with the exception of the rights protected in intellectual property laws, and shall be deemed to be affirmative if it is not issued within the relevant time limit.
The authorization will be published in the Official Journal of the Federation and will have effects for the benefit of anyone who requests it, provided it checks the the dependency found on the same assumptions of the granted authorisation. The dependency will resolve this request within the following 15 calendar days; otherwise the resolution will be deemed to be affirmative.
ARTICLE 50.- Dependencies may require manufacturers, importers, service providers, consumers or research centers, the data necessary for the preparation of preliminary draft standards Mexico. They may also collect, for the same purposes, the samples which are strictly necessary, which shall be returned once their study has been carried out, unless the destruction has been necessary for them.
The information and documentation that will be made available to the agencies for the elaboration of the preliminary draft of Mexican official norms, as well as for any processing the administrative authority relating to them, shall be used exclusively for such purposes and when the confidentiality of the same is protected by the law, the data subject shall authorize its use. At the express request of the person concerned, it shall be of a confidential nature and shall not be disclosed, enjoying the protection established in the field of intellectual property.
ARTICLE 51.- For the modification of the official Mexican standards, the procedure for its elaboration must be complied with.
When the causes that motivated the issue of an official Mexican standard, the competent agencies, own initiative or at the request of the Commission do not exist National of Standardisation, of the Secretariat or of the members of the relevant national standardisation advisory committee, may amend or cancel the standard concerned without following the procedure for its preparation.
The provisions of the preceding paragraph do not apply when new requirements or procedures are intended to be created, or to incorporate more stringent specifications, in which The procedure for the elaboration of the official Mexican rules should be followed.
Mexican official rules should be reviewed every 5 years from the date of their entry into force, and the technical secretariat of the Commission should be notified. National of Standardisation the results of the review, within 60 calendar days after the completion of the corresponding five-year period. If the notification is not made, the rules will lose their validity and the dependencies issued by them must publish their cancellation in the Official Journal of the Federation. The Commission may ask the dependency for such cancellation.
Without prejudice to the foregoing, within the year following the entry into force of the standard, the national standardisation advisory committee or the Secretariat may request a the dependencies to be analysed for its implementation, effects and enforcement in order to determine the actions to be improved and whether or not to modify or cancel them.
Of The Mexican Rules
ARTICLE 51-A. Mexican rules are voluntary, except in cases where individuals manifest that their products, processes or services are conformity with the same and without prejudice to the fact that the dependencies require in an official Mexican standard their observance for determined purposes. Your application field may be national, regional, or local.
For the elaboration of the Mexican norms will be the following:
I. To be included in the National Standardization Program;
II. Taking international standards as a basis, unless they are ineffective or inadequate to achieve the desired objectives and are duly justified; and
III. Be based on the consensus of the stakeholders involved in the committee and submit to public consultation for a period of at least 60 days natural prior to dispatch, by notice published in the Official Journal of the Federation containing an extract thereof.
For the standards developed by the national standards bodies, and exceptionally those developed by other bodies, chambers, colleges of professionals, associations, companies, agencies or entities of the federal public administration, can be issued as Mexican norms, must comply with the requirements set forth in this Section, in which case the technical secretariat of the National Commission of Standardisation will publish in the Official Journal of the Federation the declaration of validity of the same, for information purposes.
The review, update or cancellation of Mexican standards will have to comply with the same procedure as for their elaboration, but in any case they will have to be reviewed or updated within 5 years after the publication of the declaration of validity, the results of the review or update should be notified to the technical secretariat. If the notification is not made, the technical secretariat of the National Standardisation Commission will order its cancellation.
ARTICLE 51-B. The Secretariat may, on its own or at the request of the agencies, issue Mexican rules in the areas not covered by the national agencies of (a) standardisation, or where it is demonstrated to the National Committee for Standardisation that the rules issued by those bodies do not reflect the interests of the sectors involved. To this end, the topics proposed as Mexican norms should be included in the National Program of Standardisation, justifying their convenience and, if necessary, the requested agency must also show that it has the capacity to coordinate the relevant standardisation committees. In any case, such rules shall comply with the provisions of this Section.
The Observance of Rules
ARTICLE 52.- All products, processes, methods, facilities, services or activities must comply with Mexican official standards.
ARTICLE 53.- When a product or service is required to meet a particular official Mexican standard, its like to be imported must also meet the specified specifications. in that rule.
For this purpose, the products or services to be imported shall have the certificate or authorization of the competent authority to regulate the product or service or of persons accredited and approved by the competent authorities for that purpose in accordance with the provisions of this Law.
When there is no official Mexican standard, the competent agencies may require that the products or services to be imported bear the specifications (a) the country of origin or the country of origin, the country of origin or the manufacturer.
ARTICLE 54.- Mexican rules will be a reference for determining the quality of the products and services concerned, particularly for protection and guidance. of consumers. Such rules shall in no case contain specifications lower than those laid down in the official Mexican rules.
ARTICLE 55.- In civil, commercial or administrative disputes, when the characteristics of the goods or services are not specified, the judicial authorities or administrative authorities in their resolutions must take as a reference the Mexican official norms and in their default the Mexican norms.
Without prejudice to the provisions of the law of the matter, the goods or services that they acquire, lease or hire the agencies and entities of the public administration They must comply with Mexican official rules and, where appropriate, with Mexican rules, and in the absence of these, with international standards.
For the assessment of compliance with these standards, the provisions of Title IV will be available.
When dependencies and entities establish requirements for providers to check their reliability or quality assurance procedures in the production of goods or services, such requirements shall be based on the rules issued in accordance with this Law, and published in advance so that suppliers are in a position to meet and comply with them.
ARTICLE 56.- Producers, manufacturers and service providers subject to official Mexican standards will have to maintain quality control systems compatible with the rules applicable. They shall also be required to systematically verify the specifications of the product or service and its process, using sufficient and appropriate laboratory equipment and the appropriate test method, as well as carrying out statistical control of the product. production in such a way that compliance with those specifications is objectively appreciated.
ARTICLE 57.- When products or services subject to compliance with a particular official Mexican standard do not meet the corresponding specifications, the authority The competent authority shall immediately prohibit its placing on the market, immobilizing the products until they are conditioned, reprocessed, repaired or replaced. If this is not possible, the necessary arrangements will be made to ensure that they are not used or used for the purpose of the provision of these specifications.
If the product or service is in the trade, traders or providers shall have an obligation to refrain from their disposal or disposal from the date on which they are notify the resolution or be published in the Official Journal of the Federation. Where failure to comply with the standard can significantly harm the health of humans, animals, plants, environment or ecosystems, traders shall refrain from the disposal of products or services from the time they are made available. his knowledge. Mass media shall disseminate such facts immediately at the request of the competent authority.
Producers, manufacturers, importers and their distributors will be responsible for immediately recovering the products.
Those who are responsible for non-compliance with the rule will have an obligation to replenish the merchants of the products or services whose sale or service is prohibited, by others who comply with the relevant specifications, or where appropriate, to reintegrate or to provide them with their value, as well as to cover the costs incurred for the treatment, recycling or final disposal, in accordance with the legal orders and recommendations of experts recognised in the field concerned.
The delay in compliance with the provisions of the preceding paragraph may be punishable by fines for each day that elapses, in accordance with those laid down in section I of the Article 112 of this Law.
From the National Standardization Commission
ARTICLE 58.- The National Committee for Standardisation is instituted in order to contribute to the policy of standardization and to allow the coordination of activities in this field. it is appropriate to perform the different dependencies and entities of the federal public administration.
ARTICLE 59.- They will integrate the National Standards Commission:
I. The corresponding undersecretaries of the Social Development Secretaries; Environment and Natural Resources; Energy; Economy; Agriculture, Livestock, Rural Development, Fisheries and Food; Communications and Transportation; Health; Labour and Social Welfare, and Tourism;
II. The representatives of the National Association of Universities and Institutes of Higher Education; of the chambers and associations of industrialists and commerce of the country that determine the dependencies; national standards organizations and Bodies in the productive social sector; and
III. The holders of the corresponding subsecretariats of the Secretariats of Finance and Public Credit, of the Civil Service; and of Public Education, as well as of the National Council of Science and Technology; of the National Metrology Center; of the Instituto Nacional de Ecología; of the Federal Office of the Consumer; of the Mexican Transport Institute; of the Instituto Nacional de Pesca, and of the research institutes or entities related to the matter that are considered relevant.
For each owner, an alternate may be appointed to cover the temporary absences from that sole.
At the same time, representatives of other agencies, federal agencies, public and private bodies, organizations of the European Union, and other agencies, will be invited to participate in the Commission's sessions. workers, consumers and professionals and scientific and technological institutions, when dealing with issues of their competence, expertise or interest.
The Commission shall be chaired rotatively for one year by the undersecretaries in the order set out in section I of this article.
For the performance of its tasks, the Commission shall have a technical secretariat in charge of the Secretariat and a technical council.
ARTICLE 60.- The Commission will have the following functions:
I. Approve the National Standardization Program annually and monitor its compliance;
II. Establish coordination rules between agencies and agencies of the federal public administration and private organizations for the elaboration and dissemination of standards and their compliance;
III. Recommend to the dependencies the elaboration, modification, cancellation of official Mexican norms, or their joint expedition;
IV. Resolving any discrepancies that may arise in the work of the National Advisory Committees for Standardisation;
V. To consider, when required, the registration of national standards bodies;
VI. Propose the integration of working groups for the study and research of specific subjects;
VII. Propose the measures that are deemed appropriate for the promotion of normalization, as well as those necessary to resolve the complaints submitted by the interested parties on aspects related to the application of this Law;
VIII. Dictate the guidelines for the organization of the National Advisory Committees for Standardisation and take the view of those applicable to the evaluation committees; and
IX. All of those that are necessary for the performance of the functions identified.
The Commission's rules of procedure will determine how these functions will be performed.
ARTICLE 61.- The sessions of the National Committee for Standardisation will be convened by the technical secretary at the request of its president or any of the members to whom refers to Article 59 and shall be held at least once every 3 months.
In the case of fractions I, II, IV and VIII of the previous Article, decisions shall be taken by a majority of the votes of the members referred to in Article 59 (I) and the Sessions shall be valid with the assistance of at least seven of these. In other cases, for the majority of all members, at least four of the representatives mentioned in the second part of the same article must attend.
ARTICLE 61-A. The National Program of Standardisation is integrated by the list of topics to be normalized during the year that corresponds to Mexican official norms, Mexican rules or the rules referred to in Article 67 shall include the work schedule for each subject and shall be published in the Official Journal of the Federation. Where a supplement is required by the National Committee for Standardisation, the same procedure shall be followed as for its integration and publication.
The National Standards Commission will establish the basis for the integration of the Program.
The competent authorities may not issue official Mexican rules on topics not covered by the Program of the year in question or in its supplement, except for cases provided for in Article 48.
Of National Normalization Advisory Committees
ARTICLE 62.- The National Advisory Committees for Standardisation are organs for the elaboration of Mexican official standards and the promotion of their compliance. They shall be composed of technical staff of the competent departments, in accordance with the relevant matters to the committee, industrial organizations, service providers, traders, agricultural, forestry or fishery producers; scientific or technological research, colleges of professionals and consumers.
The competent agencies, in coordination with the technical secretariat of the National Committee for Standardisation, shall determine which organizations referred to in the preceding paragraph, they must include the advisory committee concerned, as well as in the case of the committees to be set up to participate in international standardisation activities.
ARTICLE 63.- The competent agencies, in accordance with the guidelines issued by the National Committee for Standardisation, will organize the national advisory committees of standardization and will set the rules for their operation. Depending on the number of activities in the process of a good or service within each committee, the agency will have the corresponding presidency.
The same will be organized by subjects or sectors at the national level and there will be no more than one committee per dependency, except in duly justified cases before the Commission.
ARTICLE 64.- The resolutions of the committees shall be taken by consensus; if this is not possible, by a majority of votes of the members. In order for the resolutions to be adopted by a majority to be valid, they must vote in favour at least half of the departments represented in the committee and count on the approval of the committee's president. In no case will it be possible to issue an official Mexican standard that contravene other laws or regulations.
Of National Standardization Bodies
ARTICLE 65. To operate as a national standardisation body, it is required:
I. Submit a registration request to the Secretariat, with copy for the appropriate dependency;
II. Submit its statutes for approval from the Secretariat, stating that:
a) They have the social object of normalizing;
b) Its standardisation work shall be carried out through committees integrated in a balanced manner by technical personnel representing at national level producers, distributors, marketers, service providers, consumers, institutions of higher education and science, colleges of professionals, as well as sectors of general interest and without exclusion of any sector of society that may have an interest in their activities; and
c) Have national coverage; and
III. Having the ability to participate in international standardisation activities, and having adopted the code for the elaboration, adoption and implementation of internationally accepted standards.
ARTICLE 66.- National standards organizations will have the following obligations:
I. Allow the participation of all sectors interested in the committees for the elaboration of Mexican norms, as well as the agencies and entities of the competent federal public administration;
II. Keep the minutes of the committees ' sessions and other deliberations, decisions, or actions that allow the Secretariat to verify, and present the reports required by the Secretariat;
III. Making public knowledge of Mexican rule projects that they intend to issue by notice in the Official Journal of the Federation and attend any request for information on these by the interested parties;
IV. To conclude cooperation agreements with the Secretariat so that it can, among others, keep the collection of Mexican standards up to date;
V. Rissue to the technical secretariat of the National Commission of Standardisation the standards that they have prepared for the publication of their declaration of validity; and
VI. Have appropriate systems for the identification and classification of standards.
ARTICLE 67. Federal public administration entities shall constitute standardization committees for the elaboration of the reference standards as to which they acquire, lease or contract goods or services, where the Mexican or international standards do not cover the requirements of the same, or the specifications contained in those rules are considered to be inapplicable or obsolete.
These committees will be formed in coordination with the technical secretariat of the National Committee for Standardisation and will be adjusted to the provisions of the Articles 62 and 64 of this Law. The rules to be drawn up shall comply with the provisions of Article 51-A.
The specifications required by the entities may be submitted to the committees where the respective Mexican rules have been drawn up, in order for them to carry out the update of the corresponding Mexican standard.
Until as long as the reference standards referred to in the first paragraph of this Article are drawn up, institutions may carry out the acquisition, leasing or procurement in accordance with the specifications which the same entities shall determine, but shall report on a semi-annual basis to the technical secretariat of the National Committee for Standardisation on the progress of the work programmes of such committees and justify the reasons why the rules have not been concluded.
ACCREDITATION AND DETERMINATION OF COMPLIANCE
From Accreditation and Approval
ARTICLE 68. The conformity assessment shall be carried out by the competent agencies, by the Federal Telecommunications Institute or by the certification bodies, the test or calibration laboratories and by the verification units. accredited and, where appropriate, approved in the terms of Article 70.
The accreditation of the bodies, laboratories and units referred to in the preceding paragraph shall be carried out by the accreditation entities, for which the data subject must:
I. Submit a written request to the appropriate accreditation entity, accompanying, where appropriate, its statutes and proposal for activities;
II. Point out the rules you intend to evaluate, indicating matter, sector, branch, field, or the respective activity and describe the services it intends to provide and the procedures to be used;
III. demonstrate that it has adequate technical, material and human capacity in relation to the services it intends to provide, as well as quality assurance procedures, to ensure the performance of its functions; and
IV. Other to be determined in this Law or its regulation.
Integrated the application for accreditation shall be carried out in accordance with the provisions of the following Article.
ARTICLE 69. The accreditation entities will integrate evaluation committees, as support bodies for accreditation and, where appropriate, for approval by the competent dependencies.
The evaluation committees will be composed of specific subjects, sectors and branches, and integrated by qualified technicians with experience in the respective fields, as well as representatives of the producers, consumers, providers and users of the service, and the technical staff of the accreditation entities and the competent agencies, in accordance with the guidelines dictated by the Secretariat. opinion of the National Committee for Standardisation.
When the evaluation committees do not have technicians in the respective field, the accreditation body shall notify the applicant and take the necessary measures. to count on them.
The relevant evaluation committee shall appoint an evaluator group to carry out the necessary visits or actions to verify that the applicants accreditation has the appropriate facilities, equipment, technical personnel, organisation and operating methods, which ensure their technical competence and the reliability of their services.
The expenses arising from the accreditation as well as the fees of the technicians that are required, will be borne by the applicants, who must be informed about this at the time of filing.
If the opinion of the evaluation committee is not favorable, a period of 180 calendar days will be granted to the applicant to correct the faults found. Such time limit may be extended by equal time, where the need for this is justified.
ARTICLE 70. The competent agencies and the Federal Telecommunications Institute may approve the accredited persons required for the conformity assessment, in respect of official Mexican standards, for which subject to the following:
I. Identify the Mexican official standards for which the conformity assessment is required by approved persons and, if applicable, make it known in the Official Journal of the Federation; and
II. Participate in the evaluation committees for accreditation, or recognize their results. Do not duplicate the requirements requested for accreditation, without prejudice to any additional establishment, when the Secretariat is justified in order to safeguard the objective of the official Mexican standard, as the results of the conformity assessment with the same and the verification to the applicant of the conditions for approval.
ARTICLE 70-A. To operate as an accreditation entity, the authorization of the Secretariat is required, following a favorable opinion of the majority of the members of the National Committee for Standardisation referred to in Article 59 (I), and shall comply with the following:
I. Accredit the legal, technical, administrative and financial capacity, for which it must be accompanied:
a) Social statutes or project of these, detailing governing bodies, and the functional technical structure of the the entity in which the balanced representation of the interested productive, commercial and academic bodies, at national level, is recorded in the accreditation process;
b) Relation of the material and human resources to which account, or proposal, detailing degree academic and experience in the field of the latter; and
(c) Documents demonstrating their financial solvency to ensure the continuity of the accreditation system;
II. Demonstrate its ability to attend to various subjects, sectors, or branches of activity;
III. Accompany, as appropriate, its agreements with other similar or specialized entities in the matters referred to in this Law; and
IV. Note the maximum rates that you would apply in the provision of your services.
Integrated documentation the Secretariat will issue a report and submit it to the appropriate agencies for your opinion.
ARTICLE 70-B. The authorized accreditation entity must:
I. Resolve the accreditation requests submitted to you, issue the corresponding accreditations, and notify the competent dependencies;
II. Meet at all times with the terms and conditions under which you were granted authorization;
III. Allow the presence of a representative of the competent dependencies who so request in the development of their functions;
IV. To integrate and coordinate the evaluation committees for accreditation in accordance with the guidelines that the Secretariat dictates, as well as to integrate a national register of evaluators with the corresponding technicians;
V. To periodically review compliance by accredited persons with the conditions and requirements that have served as the basis for their accreditation;
VI. Resolve any claims that are submitted by the affected parties for their activities, and respond to their actions;
VII. Safeguard the confidentiality of information obtained in the performance of its activities;
VIII. Participate in regional or international accreditation organizations for the development of criteria and guidelines on accreditation and mutual recognition of the accreditation granted;
IX. Facilitate the reporting and technical assistance required in the field of accreditation to the agencies and the National Commission for Standardisation and to present a report of their activities to the same; and
X. Keep for any interested party a classified and updated catalog of accredited people.
ARTICLE 70-C. Accreditation entities and persons accredited by them must:
I. To conform to the rules, procedures and methods that are established in Mexican official norms, Mexican norms and, failing that, international standards;
II. To provide its services on non-discriminatory terms and to observe the other provisions on economic competition;
III. Avoid the existence of conflicts of interest that may affect their actions and excuse themselves from acting when such conflicts exist;
IV. Resolve claims from any interested party; and
V. Allow the review or verification of their activities by the competent authority, and also by the accreditation entities in the case of accredited persons.
When an accredited and approved accreditation entity has substantial power in the relevant market according to the Federal Economic Competition Act, the Secretariat shall be empowered to establish specific obligations related to the tariffs, quality and timeliness of the service.
ARTICLE 71. The competent agencies and the Federal Telecommunications Institute will be able at any time to carry out verification visits to check compliance with this Law, its regulations and the Mexican official norms, by the entities of accreditation, accredited persons or any other entity or body carrying out activities related to the matters referred to in this Law, as well as to those to whom they provide their services.
ARTICLE 72. The Secretariat shall keep at the disposal of any interested party the list of accredited accreditation entities and accredited persons and approved by law, subject matter, sector or branch, as well as national standardisation bodies, of the institutions or entities referred to in the Article 87-A and international organizations recognized by the Mexican government. Such listing shall indicate, where appropriate, the suspensions and revocations and shall be published in the Official Journal of the Federation on a regular basis.
Of Procedures for Conformity Assessment
ARTICLE 73. The competent dependencies shall establish, in the case of official Mexican standards, the procedures for the assessment of conformity when for official purposes, they require verification of compliance with them, which shall be done in accordance with the level of risk or protection necessary to safeguard the purposes referred to in Article 40, after consultation with the sectors concerned, observing this Law, its regulations and international guidelines . In respect of Mexican standards or other specifications, requirements or specific characteristics, they shall establish such procedures where required.
The procedures referred to will be published for public consultation in the Official Journal of the Federation prior to their final publication, unless they are contained in the corresponding Mexican official standard, or there is a reason founded to the contrary.
When such procedures involve additional formalities, copies of the procedures must be given to the Secretariat for their opinion, before they are published in final form. Also, if they involve measurement operations, traceability must be provided to the national employers approved by the Secretariat or, in their absence, to the foreign or international standards that are reliable to the judgment of the Secretariat.
ARTICLE 74. Dependencies or approved and approved persons may evaluate the compliance at the request of a party, for particular, official or other purposes. export. The results shall be recorded in writing.
The conformity assessment may be carried out by type, line, batch or item of products, or by system, either directly in the appropriate facilities or during the development of the activities, services or processes concerned, and shall be assisted by third-party specialists in the relevant field.
ARTICLE 75.- The contrast of jewelry and goldsmith items made with silver, gold, palladium platinum and other precious metals is mandatory. on articles containing at least the Law of the Metal that is established in the respective Mexican official rules.
From Passwords and Official Marks
ARTICLE 76. The competent dependencies, in coordination with the Secretariat, may establish the characteristics of the official passwords that denote the assessment of compliance with Mexican official standards and, where required, Mexican standards.
Products or services subject to Mexican official rules and Mexican standards may voluntarily hold official passwords when it does not mislead the consumer or user on the characteristics of the good or service; the conformity of an accredited or approved person has been assessed and the passwords are accompanied by the trademarks registered by the same in the terms of the Law of Property Industrial. To this end, the authorization of the accredited persons for the use of their registered trademarks must be obtained.
Dependencies may require certain products to hold such passwords, in which case the conformity assessment shall be required. competent authority or persons accredited and approved for this purpose.
ARTICLE 77. (Repeated)
ARTICLE 78. Dependencies may establish emblems that denote the accreditation and approval of certification bodies, test laboratories and calibration and verification units.
From Certification Bodies
ARTICLE 79. The competent agencies shall approve the certification bodies accredited by each official Mexican standard in the terms of Article 70. Such approval may be granted by matter, sector or branch, provided that the body:
I. Have national coverage;
II. Demonstrate the participation, in its functional technical structure of representatives of the sectors concerned at the national level of producers, distributors, marketers, service providers, consumers, educational institutions higher and scientific, colleges of professionals, as well as those who may be affected by their activities;
III. Have procedures to enable you to conduct your actions in the certification process regardless of individual or group interests; and
IV. Allow the presence of a representative of the competent dependency who so requests in the development of their duties.
ARTICLE 80.- The certification activities must conform to the rules, procedures and methods that are established in the Mexican official norms, and in their absence to the international standards. Activities should include the following:
I. Evaluation of processes, products, services and facilities through eye inspection, sampling, testing, field research or review and evaluation of quality programmes;
II. Follow up to the initial certification, to check compliance with the standards and to have mechanisms to protect and prevent the dissemination of industrial or intellectual property of the client; and
III. The development of general criteria for certification through certification committees where the sectors concerned and the agencies are involved. In the case of official Mexican standards, the criteria to be determined must be approved by the competent authority.
Of Test Laboratories
ARTICLE 81.- The National System of Accreditation of Testing Laboratories is instituted in order to have a network of accredited laboratories that have equipment sufficient, qualified technical staff and other requirements to be laid down by the Regulation, to provide services related to the standardisation referred to in this Law.
Accredited laboratories may denote such a circumstance using the official emblem of the national testing laboratory accreditation system.
(Third paragraph is repealed)
ARTICLE 82. (Repeated)
ARTICLE 83. The result of the tests performed by the accredited laboratories, shall be recorded in a report of results to be signed by the person The laboratory itself has the power to do so. Such reports shall be valid before the agencies and entities of the federal public administration, provided that the laboratory has been approved by the competent authority.
Of The Verification Units
ARTICLE 84.- Verification units may, at the request of an interested party, verify compliance with Mexican official standards only in those fields or activities for which they have been approved by the competent agencies.
ARTICLE 85.- The opinions of the verification units will be recognized by the competent agencies, as well as by the certification bodies and based on them. act in the terms of this Law and in accordance with their respective powers.
ARTICLE 86. Dependencies may request the assistance of the verification units for conformity assessment with respect to official standards In this case, they shall be subject to the formalities and requirements laid down in this Law.
ARTICLE 87.- The result of the operations performed by the verification units shall be recorded in a record to be signed, under their responsibility, by the accredited the case of natural persons and the owner of the establishment or the chairman of the administrative board, single administrator or director-general of the verification unit recognised by the premises, and shall be valid once which has been recognised by the dependency in accordance with the functions which they have been specifically authorized to the same.
Of Mutual Recognition Agreements
ARTICLE 87-A. The Secretariat, by itself or at the request of any competent or interested dependency, may enter into agreements with foreign official institutions and international for the mutual recognition of the results of the conformity assessment carried out by the agencies, accredited persons and institutions, as well as the accreditation granted.
Accreditation entities and accredited individuals will also be able to enter into agreements with the designated institutions or other private entities, for which will require the approval of the Secretariat. When such agreements have some relation to the Mexican official rules, it will also be required to approve the agreement by the competent authority that issued the standard in question and the publication of an extract of the same in the Journal Federation Officer.
ARTICLE 87-B. The agreements must comply with the provisions of the international treaties signed by the United Mexican States, the regulation of this Law and, in its defect, to the international guidelines in the field, and observe as principles that:
I. There is reciprocity;
II. Be mutually satisfactory to facilitate trade in the national products, processes or services concerned; and
III. They are preferably between institutions and entities of the same nature.
Verification and Surveillance
ARTICLE 88.- Natural or moral persons shall have the obligation to provide the competent authorities with the documents, reports and data required in writing, as samples of products which are requested to them when necessary for the purposes of this Law and other provisions derived therefrom. In any case, the samples shall be subject to the provisions of Articles 101 to 108 of this Law.
ARTICLE 89. For compliance control purposes with Mexican official standards, the dependencies may integrate information systems according to the requirements and conditions to be determined in the regulation of this Law, and those that establish the dependencies through general provisions, avoiding additional formalities.
Dependencies must provide at the request of the technical secretariat of the National Committee for Standardisation or any competent agency contained in such systems and provide facilities for consultation by interested parties.
ARTICLE 90. (Repeals)
ARTICLE 91. The competent dependencies may carry out verification visits in order to monitor compliance with this Law and other provisions applicable, irrespective of the procedures for the conformity assessment which they have established. For this purpose, staff authorised by the premises may obtain the documents or evidence necessary for this purpose, as well as the samples in accordance with the provisions of Article 101.
When measurements or laboratory tests are required to check compliance with an official Mexican standard, the corresponding verification shall be carried out only in accredited and approved laboratories, unless they do not exist for the specific measurement or test, in which case the test may be carried out in other laboratories, preferably accredited.
The costs incurred by the verifications for acts of conformity assessment shall be borne by the person to whom they are carried out.
ARTICLE 92.- For each verification visit carried out by the staff of the competent offices or units of verification, a detailed record shall be issued, whichever is the result, which shall be signed by the representative of the units or units, where appropriate, by the laboratory in which it has been carried out, and the manufacturer or service provider if he has intervened.
The lack of participation of the manufacturer or service provider in the tests or their refusal to sign the minutes will not affect their validity.
ARTICLE 93.- If the product or service does not satisfactorily meet the specifications, the Secretariat or the competent department, at the request of the person concerned, may authorize perform another verification in the terms of this Act.
This verification may be carried out, in the case of the dependency, in the same laboratory or other accredited, in which case the producer, manufacturer, importer, the marketer or the service provider of the costs incurred. If this second verification shows that the product or service meets the specifications satisfactorily, the first result shall be distorted. If it does not meet them, for confirmed.
ARTICLE 94.- For the purposes of this Act, verification visit is understood:
I. The practice in the places in which the process takes place, some stage of the process, of products, instruments for measuring or services, in order to verify in the eye that the provisions of this Law and other derived provisions are complied with of the instrument, as well as to check the use of the instruments to measure; and/or
II. The one that is made in order to verify compliance with the official Mexican rules, the content or the net content and, where appropriate, the drained mass; determine the ingredients which constitute or integrate the products, if there is an obligation to indicate their composition, the veracity of the commercial information or the law of precious metals. This verification shall be carried out by sampling and, where appropriate, laboratory tests.
When there is competition competition, the verification will be performed by the competent agencies according to the coordination bases to be held.
ARTICLE 95.- The verification visits carried out by the Secretariat and the competent agencies shall be carried out in working days and hours and only by authorized personnel, prior identification and display of the respective commission trade.
The authority may also authorize practice in days and indeft hours in order to avoid the commission of infringements, in which case the office of commission shall express such authorization.
ARTICLE 96. Producers, owners, their subordinates, or those in charge of industrial or commercial establishments in which the process or phase is performed of the same, of products, instruments for measuring or providing services subject to compliance with this Law, will have the obligation to allow access and to provide the necessary facilities to the persons authorized by the Secretariat or by the dependencies competent to practice the verification, always the requirements set out in this Title are met.
When the subjects required to observe them have an opinion, certificate, report or other document issued by accredited and approved persons, in the of this Law, compliance with Mexican official standards will be recognized.
ARTICLE 97.- Of any verification visit, the circumstantial act shall be lifted, in the presence of two witnesses proposed by the person with whom the due diligence or by whom he practices if he had refused to propose them.
The person with whom the diligence was understood will be copied from all minutes, even if he has refused to sign, which will not affect the validity of the due diligence or the document that treat.
ARTICLE 98.- The minutes will consist of:
I. Name, name, or social reason for the establishment;
II. Time, day, month, and year in which you start and end your diligence;
III. Street, number, population or colony, municipality or delegation, postal code and federative entity in which the place where the visit is located is located;
IV. The number and date of the commission trade that prompted it;
V. Name and position of the person with whom the diligence was understood;
VI. Name and address of the persons who served as witnesses;
VII. Data relating to the performance;
VIII. Statement of the visited, if you wanted to do it; and
IX. Name and signature of those who intervened in the diligence, including those of who carried it out.
ARTICLE 99.- The visited persons to whom the verification report has been lifted, may make observations in the act of diligence and offer evidence in relation to the facts contained in it or, in writing, to make use of such a right within 5 working days of the date on which it was lifted.
ARTICLE 100.- The separation or collection of product samples shall only proceed when the verification referred to in Article 94 (II) is to be carried out, as well as when requested by the visitor.
ARTICLE 101.- The collection of samples shall be carried out subject to the following formalities:
I. Only persons expressly authorised by the Secretariat or by the competent authority may collect them.
Such samples may also be collected by accredited and approved persons for the purposes of conformity assessment;
II. The samples shall be collected in the quantity strictly necessary, which shall be constituted by:
a) The number of pieces that are to be examined by the batch to be examined by the sample batch official Mexican standards or procedures for conformity assessment to be published by the competent agencies; and
b) One or more fractions in the case of products which are displayed in bulk, in pieces, rolls, strips or any other form and are usually sold in fractions;
III. The samples shall be selected at random and precisely by the authorised persons;
IV. In order to prevent their replacement, the samples shall be stored or secured, in such a way as to prevent their violation without leaving a trace; and
V. In any case, the corresponding receipt shall be granted in respect of the samples collected.
ARTICLE 102.- The samples will be collected in duplicate, remaining one of them in the place of the visited establishment. On the other, the first verification shall be made, if it is apparent from the first verification that there is no contravention of the standard in question, or the provisions of this Law or other provisions resulting from it shall have no effect on the other sample and on the provision of who has been obtained.
If the first verification is found to be in breach of the respective official Mexican standard or the net content or drained mass, the verification shall be repeated if so requested, the other of the samples in a different accredited laboratory and after notification to the applicant.
If the result of the second verification is inferred that the samples are in the case of the first paragraph of this article, the whole lot will be approved. If the deficiency found in the first one is confirmed, the terms of Article 57 shall apply.
The second verification must be requested within five working days following the one in which the result of the first verification was known. If no request is made, the result of the first verification shall be final.
ARTICLE 103.- The samples may be collected from the establishments in which the process or any phase of the process is carried out, invariably in writing.
If the samples are collected from traders, manufacturers, producers or importers shall be notified to participate in the tests carried out if they so wish.
ARTICLE 104.- Of the checks that are carried out as a result of the verification visits, a record will be issued, stating:
I. If the envelope, packaging or packaging contained in the samples is or has not been printed, if the individual product was not replaced;
II. The amount of samples in which the verification was performed;
III. The method or procedure used, which should be based on a rule;
IV. The result of the verification; and
V. The other data that is required to be added.
The minutes must be signed by the people who took or participated in the tests, and by the laboratory responsible, if they are accredited laboratories. In other cases, by the representative of the Secretariat or competent authority which had intervened and the representative of the producer, manufacturer, distributor, trader or importer, who participated and wanted to do so. His refusal to sign will not affect the validity of the minutes.
ARTICLE 105.- The reports referred to in the preceding article, whatever their outcome, shall be notified within 5 working days of the date of the reception of the laboratory report, the manufacturers, distributors, traders or importers if the samples were collected from them. For the persons referred to in Article 84, the reports shall be notified within two working days following the receipt of the laboratory report to the competent authority.
If the result is unfavourable to the producer, manufacturer, importer, distributor or trader, the notification shall be made in such a way as to record the date of its receipt.
ARTICLE 106.- When the result of the verification is notified, the samples will be made available to the person from whom the excess material was collected, or, if necessary, the material left over. The need for destruction, which will be known to the person concerned to be taken up within three working days if it is perishable or easily decomposed.
Manufacturers, producers and importers will have an obligation to replenish the samples collected from them that were destroyed by distributors or traders.
In the case of non-perishable products, if, within one month from the date of notification of the result, the samples or the surplus material are not collected, give the destination to which it considers appropriate who has sought them.
ARTICLE 107.- If the verification shows a certain deficiency of the product, it will proceed as follows:
I. If it is a violation of specifications set in Mexican official standards, the article will be in accordance with the provisions of the article. 57;
II. If these are deficiencies in the net content or the drained mass, it shall be in accordance with Article 23;
III. If the materials, elements, substances or ingredients which constitute or integrate the product do not correspond to the indication they have or the percentage of them is inaccurate to the detriment of the consumer, the sale of the whole lot shall be prohibited or, where appropriate, of all similar production, until such time as these indications are corrected. Where this is not possible, the sale shall be permitted at the price corresponding to its true composition, provided that it does not involve risks to human, animal or plant health or to ecosystems; and
IV. If this is the provision of a service to the detriment of the consumer, the service shall be suspended until the relevant specifications are met.
The resolutions that are laid down in this article will be without prejudice to the sanctions that will be imposed.
ARTICLE 108.- Provided that it is the verification of specifications contained in official Mexican standards, of the net content, drained mass, composition of the products or The law of precious metals, as long as the respective verification of the lot from which the samples were obtained, can only be marketed under the strict responsibility of the owner of the establishment or the organ of administration or Sole administrator of the company.
Only in cases where there is reason to assume that the placing on the market of the product can seriously damage the health of humans, animals or plants, or irreversibly the environment or the ecosystems, the lot from which the samples were obtained shall not be placed on the market and shall remain in power and under the responsibility of the owner of the establishment or the administrative board or administrator company from where they were collected. If no reason for infringement is found, the marketing of the lot shall be immediately permitted.
If the specifications or the indication of the net content, drained mass, product composition or the law of the precious metal are not complied with, it shall be carried out as indicated in the Previous article.
When the verification and sampling procedure relates to products, activities or services regulated by the General Health Law, the provisions of this order will be legal.
ARTICLE 109.- When the data or information contained in the labels, packaging or packaging of the products, whatever they are, as well as the advertising that they are made, the Secretariat or the Competent authorities in a coordinated manner may order the amendment, granting the term strictly necessary for this purpose, without prejudice to the imposition of the sanction.
OF INCENTIVES, SANCTIONS, AND RESOURCES
From The National Quality Award
ARTICLE 110.- The National Quality Award is instituted in order to recognize and award annually the effort of manufacturers and national service providers, improving the quality of industrial processes, products and services, while ensuring total quality.
ARTICLE 111.- The procedure for the selection of the creditors to the aforementioned prize, the way to use it and the other necessary precautions, shall be established by the Regulation of this Law.
ARTICLE 112.- Failure to comply with the provisions of this Law and other provisions resulting from it shall be administratively sanctioned by the agencies in accordance with their obligations. (a) and on the basis of the acts of verification and the opinions of accredited laboratories that are presented to the unit responsible for monitoring compliance with the rule as established in this Law. Without prejudice to the penalties laid down in other legal systems, the penalties applicable shall be as follows:
II. Temporary or final closure, which may be partial or total;
III. Arrest for up to thirty-six hours;
IV. Suspension or revocation of authorization, approval, or registration as appropriate; and
V. Suspension or cancellation of the document where the results of the conformity assessment are found, as well as the authorization of use of passwords and marks registered.
ARTICLE 112-A. The following behaviors or omissions will be punished with fine:
I. From twenty to three thousand times the minimum wage when:
a) No dependencies are provided for any reports that require the subject matter of this Law;
b) Do not display the document that checks compliance with Mexican official standards required; or
c) A Mexican official standard regarding commercial information is contravened, and this does not represent deception to the consumer;
II. From five hundred to eight thousand times the minimum wage when:
a) A substantial modification of a product, process, method, installation, service, or activity subject to a conformity assessment, without giving notice to the competent authority or to the accredited and approved person who has assessed it;
b) Do not perform the conditioning, reprocessing, repair, replacement or modification, to which they relate Articles 57 and 109, in the terms indicated by the competent authority;
c) Any document where the results of the conformity assessment, the authorization, is used use of password, emblem or trademark, or check compliance with this Law and the provisions of it, for a purpose other than the purpose of their issue;
d) Provisions contained in the Mexican official rules are contravened;
e) Any violation of this Law, not provided for in this article, is committed;
III. From three thousand to fourteen thousand times the minimum wage when:
a) Any conduct or omissions involving deception to the consumer or constitute a practice that may be inducing to error;
b) Passed passwords, trademarks, emblems, badges, decals, or some other flag without the appropriate authority; or
c) Unmobilized products or services are available;
IV. From five thousand to twenty thousand times the minimum wage when engaging in conduct or omissions involving serious risk to human, animal or plant health, life or safety, to the environment or other purposes referred to in Article 40;
For the purposes of this Article, the minimum wage, the daily minimum wage in force in the Federal District at the time of the payment, shall be deemed to be the minimum wage. violation.
ARTICLE 113.- In all cases of recidivism the fine imposed for the previous infringement will be doubled, without in each case its total amount exceeds double the maximum fixed in the previous article.
It is understood by recidivism, for the purposes of this Law and other provisions derived from it, each of the subsequent infractions to the same precept, committed within the two years following the date of the act in which the previous infringement was recorded, provided that it had not been distorted.
ARTICLE 114.- The penalties shall be imposed on the basis of the minutes raised, on the results of the verifications or verifications, on the data held by the products, their labels, packaging, or packaging in the omission of which they should be, on the basis of the documents issued by the persons referred to in Article 84 of the Law or on the basis of any other element or circumstance of which they are inferred in form (a) the law or other provisions deriving from it. In any event, the decisions on penalties shall be based on the criteria laid down in the following Article and shall be justified and justified.
ARTICLE 115.- For the determination of penalties, account should be taken of:
I. The intentional or non-intentional character of the action or constitutive omission of the infringement;
II. The gravity of the infringement involving the trade in goods or the provision of services, as well as the harm caused to consumers; and
III. The economic conditions of the infringer.
ARTICLE 116.- When in the same record several infringements are recorded, the fines will be determined separately and, for the sum resulting from all of them, the respective resolution.
Also, when two or more offenders are understood in the same act, each one of them will impose the sanction that precedes them. If the infringer did not intervene in the diligence, he shall be given the minutes for the term of ten working days, after which, if he does not undermine the infringement, the corresponding sanction shall be imposed.
When the reason for an infringement is the use of several instruments to measure, the fine will be computed in relation to each of them and if there are several infringed preemptions it will also be determine separately.
ARTICLE 117.- The penalties provided in accordance with this Law and other provisions arising therefrom shall be imposed without prejudice to the penalties corresponding to the crimes in question. that the offenders incur.
ARTICLE 118. The Secretariat and the competent offices of trade, at the request of the National Committee for Standardisation or any interested party, prior to compliance with the guarantee of hearing in accordance with the provisions of the Federal Law of Administrative Procedure, may suspend in whole or in part the registration, authorization, or approval, as appropriate, of the national agencies of (a) standardisation, accreditation or accreditation bodies, or persons accredited when:
I. Do not provide the Secretariat or the competent agencies in a timely and complete manner with the reports required for its operation and operation;
II. Prevent or hinder verification and surveillance functions;
III. The resources or capacity required to perform their functions are decreased, or they are no longer observed conditions under which they were granted the authorisation or approval;
IV. The accreditation granted by an accreditation entity is suspended; or
V. Reincident the misuse of any official password, trademark, or emblem.
(Second paragraph is repealed)
In the case of the national standardisation bodies, the registration shall be suspended in order to operate when the alleged fractions I and II of this Regulation are incurred. (a) or a failure to comply with any of the requirements or obligations referred to in Articles 65 and 66.
For calibration laboratories, in addition to the provisions of the above fractions, the suspension shall be carried out when it is established that the level of accuracy with which it was the provisions governing the operation of the National Calibration System are not complied with or are not complied with.
The suspension will last as long as the respective requirements or obligations are not met, being able to be concretized, only to the area of non-compliance when possible.
ARTICLE 119. The Secretariat and the competent offices of trade, at the request of the National Committee for Standardisation or any interested party, prior to compliance with the guarantee of hearing in accordance with the provisions of the Federal Law of Administrative Procedure, may revoke in whole or in part the authorization or approval, as appropriate, of the entities of accreditation or of the persons accredited when:
I. Issues accreditations, certificates, opinions, minutes, or some other document containing false information, relating to the activities for which they were approved, accredited or approved;
II. It is repeatedly or unreasonably denied to provide the service requested to them;
III. Reincident in the cases referred to in fractions I and II of the previous article, or in the case of the fraction III of that article, the decrease in resources or capacity to issue certificates or opinions is extended for more than three consecutive months; or
IV. Resign expressly to the authorization, accreditation, or approval granted. In the case of accredited persons, their accreditation is cancelled by an accreditation entity.
The revocation shall entail the delivery to the competent authority of the documentation relating to the activities for which those entities were authorised, and approved, the prohibition to be held as such, as well as to use any type of information or emblem relevant to such activities.
ARTICLE 120. The Secretariat, on its own initiative, or at the request of the competent agencies, of the National Committee for Standardisation or of any interested party, compliance with the guarantee of hearing in accordance with the provisions of the Federal Law of Administrative Procedure, may cancel the registration to operate the national standards organizations when:
I. Reincites the violations referred to in Article 118;
II. Mexican rules are issued without consensus or it is evident that the interests of a sector were intended to favor; or
III. In the case of Article 118 (III), the reduction of resources or capacity to issue rules is prolonged for more than three consecutive months.
ARTICLE 120-A. When derived from a verification the commission of an infringement is determined, and the visited one has a document issued by accredited person and approved, shall be subject to a fine equivalent to that which corresponds to the one visited by virtue of the offence committed, provided that there is negligence, wilful or bad faith in such an issue, without prejudice to the other penalties that correspond to it.
Of The Review Facility and Claims
ARTICLE 121. The persons affected by the resolutions laid down in this Law and other provisions derived from it, may institute proceedings review under the terms of the Federal Administrative Procedure Act.
ARTICLE 122. Accreditation entities and accredited and approved persons must resolve the complaints filed by the interested parties, as well as notify the affected person of their response within a period not longer than 10 working days, with a copy to the competent offices.
If the affected person is not in compliance with the response issued, he/she may express it in writing to the appropriate dependency, accompanying the documents in which it is supported. The dependency shall send a copy to the person who issued the reply so that no more than 5 working days shall be given a report justifying his/her performance.
From the analysis of the report to be given by the accreditation body or the accredited and approved persons, the competent authority may require it to reconsider its action, or where appropriate, shall apply the appropriate penalties.
If the report is not submitted, the statements of the affected person will be assumed and the dependency will proceed according to the previous paragraph.
Accreditation entities and accredited persons shall keep at the disposal of the competent agencies the complaints submitted to them.
ARTICLE 123. (Repeals)
ARTICLE 124. (Repeals)
ARTICLE 125. (Repeated)
ARTICLE 126. (Repeals)
ARTICLE 127. (Repeated)
FIRST. The present Law will enter into force on the 15 calendar days following its publication in the Official Journal of the Federation.
SECOND. The Law on Metrology and Standardisation, published in the Official Journal of the Federation of January 26, 1988, is repealed.
THIRD. The validity of the technical standards or specifications, criteria, rules, instructions, circular guidelines and other provisions of an analogous nature of a binding nature, in the matters referred to in this Law, which have been issued by the agencies of the Federal Government prior to the entry into force of the Act, it may not exceed 15 months from the entry into force of this Law.
FOURTH. For the purposes of Article 91, during the 365 calendar days after the date of publication of this Law in the Official Journal of the Federation, verifications may also be made in the laboratories of the Secretariat or of the competent dependencies. After this deadline, only public or private accredited laboratories will be able to serve this purpose.
QUINTO. The official Mexican voluntary standards that have been issued in advance of the entry into force of this Law will remain in force. Within 180 calendar days following the entry into force of the Law, the Secretariat shall modify its name by means of Mexican rules. The Secretariat may issue Mexican standards in areas not covered by national standards bodies. The Mexican rules issued by the Secretariat in the terms of this Article shall be distinguished from those issued by the national standardisation bodies.
Mexico, D.F., at June 18, 1992.-Sen. Manuel Aguilera Gómez, President.-Dip. Jorge Zermeno Infante, President.-Sen. Antonio Melgar Aranda, Secretary.-Dip. Felipe Muñoz Kapamas, Secretary.-Rubicas. "
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States and for their proper publication and observance, I hereby exempt the present Decree at the residence of the Federal Executive Branch, in Mexico City, Federal District, at the thirty days of June of a thousand nine hundred and ninety-two.- Carlos Salinas de Gortari.-Heading.-The Secretary of the Interior, Fernando Gutiérrez Barrios.-Heading.