§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 § 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 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 § 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 § 130.14（b） of this chapter, in the manner and form therein specified.
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