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United States • Title 21 CFR • Part 164

Part 164PART 164—TREE NUT AND PEANUT PRODUCTS

Part 164 of Title 21 CFR outlines regulations for tree nut and peanut products, specifically addressing mixed nuts and peanut butter. It details compositional requirements, ingredient declarations, and standards for fill of container.

What this part covers

  • Defines 'mixed nuts' as a mixture of at least four tree nuts, with or without peanuts, specifying ingredient percentages and labeling requirements.
  • Establishes standards for the fill of container for shelled nuts in rigid or semi-rigid containers, including a method for determining fill percentage.
  • Specifies requirements for 'peanut butter,' including acceptable peanut ingredients, optional seasoning and stabilizing ingredients, and labeling for products made from unblanched peanuts.
  • Requires declaration of all ingredients on the label according to applicable sections of 21 CFR parts 101 and 130.
  • Addresses specific labeling for peanut varieties and whether peanuts are blanched or unblanched.

Sections in Part 164

§ 164.110

Mixed nuts.

(a) Mixed nuts is the food consisting of a mixture of four or more of the optional shelled tree nut ingredients, with or without one or more of the optional shelled peanut ingredients, of the kinds prescribed by paragraph (b) of this section; except that when 2 ounces or less of the food is packed in transparent containers, three or more of the optional tree nut ingredients shall be present. Each such kind of nut ingredient when used shall be present in a quantity not less than 2 percent and not more than 80 percent by weight of the finished food. For purposes of this section, each kind of tree nut and peanut is an optional ingredient that may be prepared by any suitable method in accordance with good manufacturing practice. The finished food may contain one or more of the optional nonnut ingredients provided for in paragraph (c) of this section. (b) The optional shelled nut ingredients referred to in paragraph (a) of this section are: (1) Almonds, black walnuts, Brazil nuts, cashews, English walnuts (alternatively “walnuts”), filberts, pecans, and other suitable kinds of tree nuts. (2) Peanuts of the Spanish, Valencia, Virginia, or similar varieties, or any combination of two…

§ 164.120

Shelled nuts in rigid or semirigid containers.

(a)-(b) [Reserved] Fill of container.(c) (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: 1/27/81/4(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 -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 inches; but if the loose volume is 500 milliliters or more, use a 1,000-milliliter cylinder with an inside diameter of approximately 2 inches.) Without…

§ 164.150

Peanut butter.

http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.(a) Peanut butter is the food prepared by grinding one of the shelled and roasted peanut ingredients provided for by paragraph (b) of this section, to which may be added safe and suitable seasoning and stabilizing ingredients provided for by paragraph (c) of this section, but such seasoning and stabilizing ingredients do not in the aggregate exceed 10 percent of the weight of the finished food. To the ground peanuts, cut or chopped, shelled, and roasted peanuts may be added. During processing, the oil content of the peanut ingredient may be adjusted by the addition or subtraction of peanut oil. The fat content of the finished food shall not exceed 55 percent when determined as prescribed in “Official Methods of Analysis of the Association of Official Analytical Chemists,” 13th Ed. (1980), section 27.006(a) under “Crude Fat—Official First Action, Direct Method,” in paragraph (a), which is incorporated by reference. Copies may be obtained from the AOAC INTERNATIONAL, 481 North Frederick Ave., suite 500, Gaithersburg, MD 20877, or may be examined at the National Archives and Records Administration…

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