Inspections, Compliance, Enforcement, and Criminal Investigations
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).
- The weight of any one nut ingredient is less than 2% of the total net weight found - 164.110(a).
- The weight of a nut ingredient is more than 80% of the total net weight found - 164.110(a).
- 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).
- 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).
- 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
