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Updated: 2005-11-29

Sec. 570.700 Mixed Nuts - Misbranding Involving Food Standards (CPG 7112.06)

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

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