to sell mezcal in the United States you need a US importer holding a TTB federal basic permit, an approved label (COLA) for every product, a minimum of 40% alcohol by volume, FDA facility registration with prior notice for each shipment, excise taxes and duties paid through CBP, and compliance with the rules of each state where it is sold. That is why ZUNTE is sold in the US at 40% ABV through its importer, Zunte Spirits LLC, in Dallas, Texas.
Who can import mezcal into the US?
Not the Mexican brand on its own. According to the TTB (Alcohol and Tobacco Tax and Trade Bureau), the importer needs a Federal Basic Importer's Permit (TTB F 5100.24) and must maintain and staff a business office in the United States. It must also register as an alcohol dealer (TTB F 5630.5(d)).
What is a COLA and why does it matter?
The COLA (Certificate of Label Approval, TTB F 5100.31) is federal approval of the label. The importer must hold it at the time of importation. For some products, TTB first requires a formula review (Industry Circular 2018-6); check product by product.
Why is mezcal sold at 40% in the US?
Federal rules (27 CFR §5.148) require bottled mezcal to be at least 40% alcohol by volume (80 proof) and to comply with Mexican law. Mexico's NOM-070-SCFI-2016 allows 35% to 55%, so one brand can carry different strengths by market.
| Market | Rule | Allowed strength | ZUNTE |
|---|---|---|---|
| Mexico | NOM-070-SCFI-2016 | 35% to 55% ABV | 40% ABV |
| United States | 27 CFR §5.148 | 40% ABV minimum | 40% ABV |
| ZUNTE Gold (both) | — | — | 40% ABV |
What do FDA and CBP do?
- FDA: alcoholic beverages count as food. Facilities must be registered and every shipment needs prior notice.
- CBP (customs): collects federal excise taxes and duties at entry.
- Certificate of age and origin: required for certain spirits; check whether it applies.
What about the states?
Each state sets its own distribution, licensing and tax rules. Most follow the three-tier system: importer, distributor, retailer. That is why a mezcal can be available in one state and not in another.
Steps, in order
- Choose or set up an importer with a federal permit (TTB F 5100.24).
- Obtain a COLA for each presentation and, if needed, formula approval.
- Bottle at 40% ABV or higher.
- Register facilities with FDA and file prior notice for each shipment.
- Pay taxes and duties through CBP.
- Meet each state's licensing and registration rules.
How this applies to ZUNTE
ZUNTE is sold in the United States through Zunte Spirits LLC, based in Dallas, Texas. ZUNTE and ZUNTE Gold are both 40% ABV, in Mexico and in the US. The ZUNTE website does not sell to the US; sales there go through the authorized distribution chain.
FAQ
Can I buy mezcal in Mexico and resell it in the US?
Not without a federally permitted importer, an approved COLA and state licenses.
Why can a mezcal have a different strength in Mexico and in the US?
The US requires at least 40% ABV; Mexico allows from 35%. ZUNTE is 40% in both markets.
How long does a COLA take?
It varies; TTB posts current processing times on its site.
Is mezcal taxed at entry?
Yes: CBP collects federal excise taxes and applicable duties.
Sources
- TTB. Importing Bottled Alcohol Beverages Into the United States. ttb.gov
- eCFR. 27 CFR §5.148, standards of identity for agave spirits. ecfr.gov
- TTB. Industry Circular 2018-6. ttb.gov
- FDA. Registration of Food Facilities and Prior Notice of Imported Foods. fda.gov
- NOM-070-SCFI-2016, Alcoholic beverages – Mezcal. Diario Oficial de la Federación.
