#### § 52.774 Fill of container.

(a) *FDA requirements.* Canned red tart pitted cherries shall meet the fill of container requirements as set forth in the regulations of the Food and Drug Administration ([21 CFR 145.125(c)](/on/2024-09-16/title-21/section-145.125#p-145.125(c))).

(b) *Recommended minimum drained weights* —

(1) *General.* The minimum drained weight recommendations for the various container sizes and types of packing media as listed in Table I of this section are not incorporated in the grades of the finished product since drained weight, as such, is not a factor of quality for the purpose of these grades.

(2) *Definitions.*

Sample average—Average of all the drained weights of the sample containers representing a lot.

Xd—A specified minimum sample average drained weight.

LL—Lower limit for individual container drained weight.

(3) *Method for ascertaining drained weight.* The drained weight of canned red tart pitted cherries is determined by emptying the contents of the container upon a U.S. Standard No. 8 circular sieve of proper diameter containing eight meshes to the inch (0.0937 inch (2.3 mm), ±3 percent, square openings) so as to distribute the product evenly over the sieve. Without shifting the product, incline the sieve at an angle of 17° to 20° to facilitate drainage and allow to drain for two minutes. The weight of drained cherries is the weight of the sieve and product less the weight of the dry sieve. A sieve eight inches in diameter is used for No. 3 size containers (404 × 414) and smaller, and a sieve 12 inches in diameter is used for containers larger than No. 3 size containers.

(4) *Compliance with recommended minimum drained weights.* A lot of canned red tart pitted cherries is considered as meeting the minimum drained weight recommendations when the following criteria are met:

(i) The sample average meets the specified minimum sample average drained weight (designated as “Xd” in Table I); and

(ii) The number of sample containers which fail to meet the minimum drained weight for individual containers (designated as “LL” in Table I) does not exceed the applicable acceptance number specified in Table II.

(c) *Recommended fill weights* —

(1) *General.* The minimum fill weight recommendations for the various container sizes in Table III of this section are not incorporated in the grades of the finished product since fill weight, as such, is not a factor of quality for the purpose of these grades.

Table I—Recommended Minimum Drained Weights for Canned Red Tart Pitted Cherries

| Container designation | Packed in water or cherry juice (ounces) | | Packed in any sirup or slightly sweetened water (ounces) | |
| --- | --- | --- | --- | --- |
| LL | Xd | LL | Xd |
| No. 303 (303 × 406) | 10.7 | 11.0 | 9.9 | 10.2 |
| No. 303 Cylinder (303 × 509) | 14.0 | 14.4 | 12.7 | 13.1 |
| No. 2 (307 × 409) | 13.1 | 13.5 | 12.3 | 12.7 |
| No. 10 (603 × 700) | 71.2 | 72.0 | 69.4 | 70.2 |

Table II—Single Sampling Plans and Acceptance Numbers

| Sample Size (No. of sample containers) | 3 | 6 | 13 | 21 | 29 | 38 | 48 | 60 |
| Acceptance numbers | 0 | 1 | 2 | 3 | 4 | 5 | 6 | 7 |

(2) *Definitions.*

| Subgroup | A group of sample containers representing a portion of a sample. |
| X′ min | A specified minimum lot average fill weight. |
| LWLx | Lower warning limit for subgroup averages. |
| LRLx | Lower reject limit for subgroup averages. |
| LWL | Lower warning limit for individual fill weight measurements. |
| LRL | Lower reject limit for individual fill weight measurements. |
| R′ | A specified average range value. |
| Rmax | A specified maximum range for subgroups. |

(3) *Method for ascertaining fill weight.* The fill weight of canned red tart pitted cherries is determined in accordance with the U.S. Standards for Inspection by Variable and the U.S. Standards for Determination of Fill Weights.

(4) *Compliance with recommended fill weights.* Compliance with the recommended fill weights for canned red tart pitted cherries shall be in accordance with the U.S. Standards for Inspection by Variables and the U.S. Standards for Determination of Fill Weights.

Table III—Recommended Fill Weight Values for Canned Red Tart Pitted Cherries

| Container designation | Fill weight values in ounces | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| X′min | LWLx | LRLx | LWL | LRL | R′ | Rmax | Sampling allowance code |
| No. 303 | 12.9 | 12.6 | 12.4 | 12.2 | 11.8 | 0.80 | 1.70 | F |
| No. 303 Cylinder | 16.8 | 16.4 | 16.2 | 15.9 | 15.4 | 1.10 | 2.20 | H |
| No. 2 | 15.8 | 15.4 | 15.2 | 14.9 | 14.4 | 1.10 | 2.20 | H |
| No. 10 | 86.7 | 85.9 | 85.5 | 85.0 | 84.1 | 2.00 | 4.20 | P |