Until 2022, U.S. labeling law had no general class for agave spirits — Tequila stood alone as a recognized designation, and everything else fell into specialty-product limbo. The recodification of Part 5 (T.D. TTB-176) fixed that by adding agave spirits as a full class in the standards of identity at 27 CFR 5.148 ("Agave spirits"), with Tequila and Mezcal as its two types. The neighboring section number § 5.149 is currently [Reserved] — § 5.148 is the operative agave section, sitting between rum (§ 5.147) and cordials and liqueurs (§ 5.150).

The Agave Spirits Class (§ 5.148(a))

Under § 5.148(a), "agave spirits" are distilled from a fermented mash of which at least 51 percent is derived from plant species in the genus Agave, with up to 49 percent derived from other sugars. The class rules:

• Distillation proof: must be distilled at less than 95 percent alcohol by volume (190° proof) — the ceiling that preserves agave character and separates the class from neutral spirits

• Bottling proof: must be bottled at or above 40 percent alcohol by volume (80° proof)

• Wood storage is optional: agave spirits may be stored in oak barrels — there is no aging requirement for the class

• Additives: agave spirits may contain added flavoring or coloring materials as authorized by § 5.155 — the general 2.5 percent harmless coloring, flavoring, and blending materials allowance

• Mixtures of agave spirits are included in the class

The class designation matters most for producers outside Mexico: an American, South African, or Australian distiller fermenting agave can now label the product "agave spirits" with a recognized standard of identity, instead of resorting to a distilled spirits specialty statement of composition. What they can never call it is Tequila or Mezcal.

Tequila and Mezcal: Geographic Type Designations (§ 5.148(b))

The section's type table makes both designations distinctive products of Mexico:

Two consequences follow. First, origin is absolute: no U.S.-made product may be designated Tequila or Mezcal, regardless of agave content or production method. Second, TTB incorporates Mexican law by reference — a Tequila that fails Mexico's own standard is mislabeled in the United States too. A product meeting the Tequila or Mezcal standard may alternatively be designated simply "agave spirits" under § 5.148(a), though almost none choose to.

The Mexican Layer: NOM Standards and Regulatory Councils

The "laws and regulations of Mexico" that § 5.148 points to are the Normas Oficiales Mexicanas. Tequila is governed by NOM-006-SCFI-2012, enforced and certified by the Consejo Regulador del Tequila (CRT); production is limited to designated regions (Jalisco and specified municipalities in four other states) and to blue Weber agave (Agave tequilana Weber, blue variety). Mezcal is governed by NOM-070-SCFI-2016 under its own denomination of origin and regulatory council (CRM/COMERCAM), covering designated states and a broader range of agave species. The NOMs define the categories U.S. consumers see on labels:

• "100% de agave" (100% agave): all fermentable sugars derived from the permitted agave — for Tequila, this category must be bottled in Mexico at an authorized facility

• Mixto (labeled simply "Tequila"): minimum 51 percent agave sugars, up to 49 percent other sugars — the only category that may be exported in bulk and bottled abroad

• Age classes such as blanco/plata, reposado, añejo, and extra añejo, each with NOM-defined minimum oak aging

A "100% agave" claim on a U.S. label is therefore verifiable against the Mexican certification: if the CRT certificate says mixto, the claim is a false statement under Part 5's prohibited practices rules in addition to a § 5.148 designation failure.

Imports, Certification, and COLA

Bringing Tequila or Mezcal into the U.S. market stacks three approvals. The producer needs Mexican certification from the CRT or CRM, including the export documentation issued under the U.S.–Mexico agreement covering Tequila (TTB has long required imported Tequila to be supported by Mexican-government certification of authenticity). The importer needs a certificate of label approval (COLA) — under § 5.24, containers may not be released from customs custody for consumption without one. And the label itself must satisfy Part 5: class/type designation per § 5.148 in the same field of vision as brand name and alcohol content (§ 5.63), the importer's name and address under § 5.68, "Product of Mexico" country-of-origin marking under the CBP rules cross-referenced at § 5.69, net contents in an authorized standard of fill, and the Part 16 GOVERNMENT WARNING. Common COLA rejection triggers in the category: "Tequila" designations on flavored or lower-proof products that no longer meet the standard (agave spirits bottled below 80 proof fall out of the class entirely), 100%-agave claims on mixto imports, and mezcal labels that borrow Tequila age-class terms inconsistently with their NOM certification.

How Truli Helps with Agave Spirits Label Compliance

• Class and type verification: Truli's AI agents check Tequila, Mezcal, and agave spirits designations against § 5.148 — including the 80-proof bottling floor and the Mexican-origin requirement for both type designations

• "100% agave" claim screening: Truli flags 100%-agave and additive-free claims for consistency with the product's stated category and certification, before they surface as COLA rejections or class actions

• Import label completeness: Truli verifies same-field-of-vision placement, importer name and address, country-of-origin marking, standards of fill, and the Part 16 health warning in one scan

• Cross-border consistency: Truli reconciles NOM age-class terms (reposado, añejo) with the U.S. label's age and production claims so the two regimes tell the same story

Related Regulations

• 27 CFR Part 5 — Distilled Spirits Labeling — The parent part containing § 5.148, covered section by section

• Distilled Spirits Standards of Identity — The full Subpart I class-and-type system agave spirits sits within

• 27 CFR 5.65 — Alcohol Content and Proof — The mandatory statement behind the class's 80-proof bottling floor

• 27 CFR Part 13 — COLA Label Approval — The approval every imported Tequila and Mezcal label needs before customs release

• 27 CFR Part 16 — Health Warning Statement — The GOVERNMENT WARNING required on all agave spirits labels

Frequently Asked Questions

Can a U.S. distillery label its product "American Tequila"?
No. Under § 5.148(b), Tequila and Mezcal are distinctive products of Mexico and must be made there under Mexican law — a qualifier like "American" cannot cure the geographic restriction. A U.S. producer fermenting at least 51 percent agave-derived mash may use the class designation "agave spirits."

Does "100% agave" mean no additives?
Not exactly. The designation means 100 percent of the fermentable sugars came from the permitted agave. Mexican NOM rules still allow limited additives (such as caramel color and oak extract) in 100%-agave Tequila within thresholds, and TTB's § 5.155 allows harmless coloring, flavoring, and blending materials up to 2.5 percent. "Additive-free" is a separate, unregulated marketing claim that TTB evaluates under the misleading-statement standard.

What proof range must agave spirits fall in?
Distilled at less than 95 percent ABV (190° proof) and bottled at or above 40 percent ABV (80° proof) under § 5.148(a). An agave product bottled at, say, 35 percent ABV cannot be designated agave spirits, Tequila, or Mezcal — it becomes a distilled spirits specialty requiring a statement of composition.

A note from Truli: Truli is not a law firm, and this article does not constitute or contain legal advice or create an attorney-client relationship. When determining your obligations and compliance with respect to relevant laws and regulations, you should consult a licensed attorney.

Last updated: August 2026. Reflects 27 CFR 5.148 as of August 2026. Truli monitors TTB rulemaking and enforcement. Book a demo to see how.