July 2008 - Bulletin from Glenn McBride at www.mexicanlaws.com

Glenn McBride - The last few months have seen a lot of changes in Mexican laws, regulations and standards - in Health and Safety, Environment, Education, Customs, labeling, etc. I have updated all documents on the web site and added a number of new translations. 

Personal Note: After 5 years of study, I completed a Degree in Mexican Law from the Universidad Iberoamericana in June of 2008. I will be offering some new services in the next few months - I thank everyone for their support.


NEW

HEALTH AND SAFETY

STANDARDS

Since April 2008, four Projects of new Health and Safety Standards (NOM-STPS) have been published for the obligatory 60 day period for comments from the public - once the period is over the Standards will be modified according to the suggestions and recommendations - and the new NOM will be published in the DOF and the old standard will be cancelled. I have translated the Project NOM-017-STPS-2007, Personal Protective Equipment - Subscribers to the Deluxe or Health and Safety Package can download it and we will help you make a comment or recommendation.

The 4 projects are as follows - look for the new standards in the next couple of months:

PROJECT of Modification of the Official Mexican Standard

NOM-001-STPS-1999, Buildings, locales, installations and workplace areas – Health and Safety Conditions, to remain as PROY-NOM-001-STPS-2007, Buildings, locales, installations and workplace areas – Safety Conditions. Published in the Official Daily of the Federation on April 29, 2008.

PROJECT of Modification of the Official Mexican Standard

NOM-017-STPS-2001, Personal protective equipment, use and handling in the work place, to remain as PROY-NOM-017-STPS-2007, Personal protective equipment – Selection, use and handling in the work place. Published in the Official Daily of the Federation May 22, 2008.

PROJECT OF MODIFICATION OF THE Official Mexican Standard

NOM-025-STPS-1999, Conditions of illumination in the work place, to remain as PROY-NOM-025-STPS-2005, Conditions of Illumination in the Work Place. Published in the Official Daily of the Federation June 5, 2008.

PROJECT of Modification of the Official Mexican Standard

NOM-005-STPS-1998, Relative to the health and safety conditions in the workplace for the handling, transport, and storage of hazardous chemical substances, to remain as PROY-NOM-005-STPS-2004, Handling of hazardous chemical substances – Health and Safety conditions and procedures in the work place.  Published in the Official Daily of the Federation on June 30, 2008.


NEW

ENVIRONMENT

  CHANGES AND NEW TRANSLATIONS

 

LGEEPA - The General Law of Ecological Equilibrium and Protection of the Environment. This is the most important Environmental law on which 7 of the regulations are based. This is the law that establishes Federal, State and Municipal jurisdiction and details the responsibilities of each. The recent changes have shifted some of the responsibility for enforcing and legislating natural protected areas to State jurisdiction. These changes were published in the DOF on May 16, 2008 - the translation of this law has been updated to reflect these changes.

There have been 12 reforms to the LGEEPA since I first started making available the translation of this Law. I decided it was time to do a complete editing of the Law. I also have added notes to each article stipulating when it was reformed or added. I think the new version is much more readable and understandable. For more info... LGEEPA REFORMS -May 16, 2008 

NOM-147-SEMARNAT/SSA1-2004, that establishes the criteria to determine the concentrations of remediation of soil contaminated by arsenic, barium, beryllium, cadmium, chrome hexavalente, mercury, nickel, silver, lead, selenium, thallium, and/or vanadium.

This Standard was in Project for 3 years and was finally Published in the DOF on Feb 03, 2007 and became effective Feb 05, 2007. This is a large and complex standard.

Other new Environmental standards translated include:

NOM-008-CNA-1998,   Shower mixtures employed in physical cleansing – Specifications and testing methods. (published in the DOF June 25, 2001 – took effect Dec. 25, 2001)


NOM-005-SEMARNAT-1997
 that establishes the procedures, criteria and specifications for carrying out the best utilization, transportation and storage of bark, stems and complete forest vegetation plants.
 (
Originally publishes as NOM-005-RECNAT-1997 but as of April 23, 2003 – ECOL and RECNAT in the names of environmental standards are changed to SEMARNAT)

N0M-006-SEMARNAT-1997 which establishes the procedures, criteria and specifications for the utilization, transportation and storage of palm leaves.
 (
Originally named NOM-006-RECNAT-1997 but as of April 23, 2003 – ECOL and RECNAT in the names of environmental standards are changed to SEMARNAT)

ENVIRONMENTAL FEDERAL, STATE OR MUNICIPAL JURISDICTION?

I receive so many questions about environmental jurisdiction that I decided to describe the jurisdiction that applies to each.


Updated

Customs Package

 

UPDATED CUSTOMS PACKAGE - included in the Customs Package

INMEX MAQUILADORA DECREE  - This Decree  originally was published Nov 1, 2006 was reformed May 16, 2008 - Reforms are marked in red in the new document, and the Reform Decree is included in its entirety at the end of the Main Decree. (This decree cancels PITEX and simplifies Maquila programs)  
 

DECREE by which are granted administrative simplification in Customs and Foreign Commerce matters. (published in the Official Daily of the Federation March 31, 2008)

THE CUSTOMS LAW- La Ley Aduanera (Changes published may 2008) I decided to edit the entire Customs Law when I updated it this time. I have added notes on the articles to indicate when they have been reformed or added.


Labeling

NOM-015-SCFI-2007, Commercial Information – Labeling for Toys. (Published in the Official Daily of the Federation on April 17, 2008 – effective January 15, 2009)  If you manufacture or import toys, you need to update your labels before January 2009.

NOM-030-SCFI-2006, Commercial Information – Declaration of quantity on the label – Specifications. Very important labeling standard. 
Published in the Official Daily of the Federation on Nov. 6, 2006 – Effective date Jan. 06, 2007. 


Taxes Law of the Tax on Cash Deposits   (published in the DOF Oct. 1, 2007 – became effective July 1, 2008)    This is the new tax on cash deposits:

Important highlights of this new Law.

1. Up to 25,000 pesos deposited in a month in accounts in the same bank are exempt.

2. The amount above is for each bank or financial institution where you have an account.

3. Checks, electronic transfers or wires are exempt.

4. All cashier's checks are taxed, the amount does not matter.

5. Banks that receive the deposits must withhold the tax (2%) every month - you don't have to make any declaration on this money.

 

 

LAASSP Law of Acquisitions, Leases, and Services for the Public Sector - reformed June 13, 2003;  July 07, 2005 - Feb. 20, 2007, July 02, 2008

Major Reforms made July 02, 2008 which allow electronic bidding and subsequent discount offers.

It outlines the requirements and procedures for bidding or participating in projects for the Public Sector

If you have purchased this LAW before, contact us for a discount for the update version.

 

What are we working on? 

  • More environmental translations,

  • Tax laws - Income Tax and IVA,

  • Updating our Audit Protocol in light of the new Health and Safety Standards,

  • updating and adding new translations to our Costa Rica and El Salvador web sites.

 If you have not been to www.mexicanlaws.com recently, please visit us.

View our complete list of translations

Subscribers -
if you have allowed your subscription to lapse - now is a good time to renew. Contact us to renew - you may qualify for a discount.  Glenn McBride

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