[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR164.120]

[Page 519-520]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                           SERVICES--CONTINUED
 
PART 164--TREE NUT AND PEANUT PRODUCTS--Table of Contents
 
 Subpart B--Requirements for Specific Standardized Tree Nut and Peanut 
                                Products
 
Sec. 164.120  Shelled nuts in rigid or semirigid containers.

    (a)-(b) [Reserved]
    (c) Fill of container. (1) The standard of fill for shelled nuts in 
rigid or semirigid containers is a fill such that the average volume of 
nuts, from the number of containers specified in Sec. 164.110(d)(1), is 
not less than 85 percent of the container volume as determined by the 
method in paragraph (c)(2) of this section.
    (2) The method for determining the percent of fill is as follows:
    (i) For the shelled nuts in each container, determine the loose 
volume, the settled volume, and the average volume in cubic centimeters. 
For the purposes of this subparagraph, consider volume in milliliters to 
be numerically equal to volume in cubic centimeters. Open the container 
and pour the nuts loosely into a vertical graduated cylinder (do not 
tilt) of appropriate size fitted with a funnel which has been modified, 
if necessary, to provide a minimum opening of 1\1/2\-inch diameter. (If 
the loose volume of the nuts is less than 500 milliliters, use a 500-
milliliter cylinder with an inside diameter of approximately 1\7/8\ 
inches; but if the loose volume is 500 milliliters or more, use a 1,000-
milliliter cylinder with an inside diameter of approximately 2\1/4\ 
inches.) Without shaking the cylinder, estimate the location of a 
horizontal plane representing the average height of the product, read 
the volume of the nuts, and record as the loose volume. Raise the 
cylinder 2 inches and allow it a free vertical drop onto a level, firm, 
but resilient surface (do not tamp) for a total of 5 times and observe 
the volume as above. Repeat in successive five-drop increments until the 
nuts have so settled that the volume decreases less than 2 percent in 
the last five-drop increment. Read the last volume in the manner 
described above and record as

[[Page 520]]

the settled volume. The arithmetical average of the loose volume and the 
settled volume equals the average volume of nuts.
    (ii) Classify the container by shape and determine its volume in 
cubic centimeters according to one of the following methods as 
appropriate:
    (a) For containers of irregular shape, including glass jars, follow 
the general method for water capacity of containers as prescribed in 
Sec. 130.12(a) of this chapter and determine the container volume, 
considering the water capacity in grams to be numerically equivalent to 
volume in cubic centimeters, or the water capacity in ounces 
(avoirdupois) to be equivalent to 28.35 cubic centimeters per ounce.
    (b) For box-shaped containers (that is, with opposite sides 
parallel), measure the inside height, width, and depth and calculate the 
volume as the product of these three dimensions. For such containers 
used to enclose vacuum packs and containing 4 ounces or less of the 
product, consider the height to be the inside height minus three-eighths 
inch.
    (c) For cylindrical containers, calculate the container volume in 
cubic centimeters as the product of the height times the square of the 
diameter, both measured in inches, times 12.87; or as the product of the 
height times the square of the diameter, both measured in centimeters, 
times 0.7854. For containers that do not have indented ends, use the 
inside height and inside diameter as the dimensions. For metal cans with 
indented ends (that is, metal cans with ends attached by double seams), 
consider the height to be the outside height at the double seam minus 
three-eighths inch (0.953 centimeter) and the diameter to be the outside 
diameter at the double seam minus one-eighth inch (0.318 centimeter). 
For fiber-bodied containers with indented ends (that is, fiber-bodied 
cans with metal ends attached by double seams), consider the height to 
be the outside height at the double seam minus three-eighths inch (0.953 
centimeter) and the diameter to be the outside diameter at the double 
seam minus three-sixteenths inch (0.476 centimeter).
    (iii) Calculate the percent fill of the container as follows: Divide 
the average volume of nuts found according to paragraph (c)(2)(i) of 
this section by the appropriate container volume found according to 
paragraph (c)(2)(ii) of this section and multiply by 100. The result 
shall be considered to be the percent fill of the container.
    (3) If shelled nuts fall below the standard of fill of container 
prescribed in paragraph (c)(1) of this section, the label shall bear the 
general statement of substandard fill specified in Sec. 130.14(b) of 
this chapter, in the manner and form therein specified.