#### § 981.401 Adjusted kernel weight.

(a) *Definition. Adjusted kernel weight* shall mean the actual gross weight of any lot of almonds: Less weight of containers; less moisture of kernels in excess of five percent; less shells, if applicable; less processing loss of one percent for deliveries with less than 95 percent kernels; less trash or other foreign material. The adjusted kernel weight shall be determined by sampling certified by the inspection agency.

(b) *Computation.* The computation of adjusted kernel weight shall be in the manner shown in the following examples. The examples are based on the analysis of a 1,000 gram sample taken from a lot of almonds weighing 10,000 pounds with less than 95 percent kernels, and a 1,000 gram sample taken from a lot of almonds weighing 10,000 pounds with 95 percent or more kernels. The first computation example is for the lot with less than 95 percent kernels containing the following: Edible kernels, 530 grams; inedible kernels, 120 grams; foreign material, 350 grams, and moisture content of kernels, seven percent. Excess moisture is two percent. The second computation example is for the lot with 95 percent or more kernels containing the following: Edible kernels, 840 grams; inedible kernels, 120 grams; foreign material, 40 grams; and moisture content of kernels, seven percent. Excess moisture is two percent. The example computations are as follows:

| | Computation number 1 | | Computation number 2 | |
| --- | --- | --- | --- | --- |
| Deliveries with less than 95 percent kernels | | Deliveries with 95 percent or more kernels | |
| Percent of sample | Weight (pounds) | Percent of sample | Weight (pounds) |
| 1. Actual gross weight of delivery | | 10,000 | | 10,000 |
| 2. Percent of edible kernel weight | 53.000 | | 84.000 | |
| 3. Less weight loss in processing1 | 1.000 | | 0.000 | |
| 4. Less excess moisture of edible kernels (excess moisture × line 2) | 1.060 | | 1.680 | |
| 5. Net percent shell out (line 2−lines 3 and 4) | 50.940 | | 82.320 | |
| 6. Net edible kernels (line 5 × line 1) | | 5,094 | | 8,232 |
| 7. Percent of inedible kernels (from sample) | 12.000 | | 12.000 | |
| 8. Less excess moisture of inedible kernels (excess moisture from sample × line 7) | 0.240 | | 0.240 | |
| 9. Net percent inedible kernels (line 7−line 8) | 11.760 | | 11.760 | |
| 10. Total inedible kernels (line 9 × line 1) | | 1,176 | | 1,176 |
| 11. Adjusted kernel weight (line 6 + line 10) | | 6,270 | | 9,408 |
| | | | | |
| --- | --- | --- | --- | --- |
| 1 Only applies to deliveries with less than 95 percent kernels. | | | | |

(c) *Computation adjustments.* If applicable, adjustments shall be made by rounding such that the sample computation percentages total equals 100 percent. Rounding adjustments shall be made as follows: First adjust the foreign material percentage; if there is no foreign material in the sample, then adjust the excess moisture percentage; or if there is no foreign material or excess moisture in the sample, adjust the inedible kernels percentage.

[[45 FR 68630](https://www.federalregister.gov/citation/45-FR-68630), Oct. 16, 1980, as amended at [61 FR 42991](https://www.federalregister.gov/citation/61-FR-42991), Aug. 20, 1996; [83 FR 28525](https://www.federalregister.gov/citation/83-FR-28525), June 20, 2018]