• Decrease font size
  • Return font size to normal
  • Increase font size
U.S. Department of Health and Human Services

Inspections, Compliance, Enforcement, and Criminal Investigations

  • Print
  • Share
  • E-mail

CPG Sec. 570.700 Mixed Nuts - Misbranding Involving Food Standards

 

 

REGULATORY ACTION GUIDANCE:

The following represents the criteria for recommending legal action to CFSAN/Office of *Compliance*/Division of Enforcement (HFS-605).

The average of the subsamples (see note) examined deviates from the standards with respect to one or more of the individual factors listed below; and the number of subs out of compliance, for each such deviation, equals or exceeds the number required for action (Table 1 on page 2).

  1. The weight of any one nut ingredient is less than 2% of the total net weight found - 164.110(a).
  2. The weight of a nut ingredient is more than 80% of the total net weight found - 164.110(a).
  3. The weight of a nut ingredient exceeds 50% of the total net weight found and the label does not state this fact - 164.110(d).
  4. The percent weight of a nut ingredient (computed on the basis of the total net weight found) exceeds the labeled declaration (e.g. 60% peanuts) - 164.110(d).
  5. Fill of container is less than 85% of container volume - 164.120(c).

NOTE: A sample consists of 24 containers with a net weight declaration of 16 ounces or less; or at least 24 lbs. of mixed nuts consisting of containers bearing a net weight declaration of more than 16 ounces, where each container is considered a subsample.

 

TABLE 1
Container labeled declaration (pounds) No. of Subsamples to be examined No. of Subsamples required for legal action
1 or < 24 17
1 1/8 23 16
1 ¼ 18 13
1 ½ 16 12
1 ¾ 14 11
2 12 10
2 ¼ 11 9
2 ½ 10 8
2 ¾ 9 8
3 8 7
3 ¼ 8 7
3 ½ 7 6

*Material between asterisks is new or revised*

Issued: 11/07/79
Reissued: 10/1/80
Revised: 12/2/88, 3/95, 5/2005

Updated:  11/29/05