Part 11. ] NET ^ATJGHT OF HONEY. 149 



trade custom otherwise, the statement may be in terms of weight or 

 measure in accordance with such custom. [With extracted honey or 

 "bulk," or "chunk" honey, the custom is usually to speak of it in terms 

 of weight.] The quantity of viscous or semisolid foods, or of mixtures 

 of solids and liquids, may be stated either by weight or measure, but the 

 statement shall be definite, and shall indicate whether the quantity is 

 expressed in terms of weight or measure, as, for e.^ample, "Weight, 12 

 ounces," or "12 ounces avoirdupois;" "Volume, 12 ounces,", or "12 

 fluid ounces." 



(h) (As amended by Food Inspection Decision No. 157.) The quan- 

 tity of the contents maj'' be stated in terms of minimum weight, minimum 

 measure or mmimum count; for example: " Minimum weight, 10 ounces," 

 "Minimum volume, 1 gallon," or "Not less than 4 ounces." But in 

 such case the statement must approximate the actual quantity, and 

 there shall be no tolerance below the stated minimum. 



(i) The following tolerances and variations from the quantity of the 

 contents marked on the package shall be allowed: — 



(1) Discrepancies due exclusively to errors in weighing, measuring or counting 

 which occur in packing conducted in compliance with good commercial practice. 



(2) Discrepancies due exclusively to differences in the capacity of bottles and 

 similar containers resulting solely from unavoidable difficulties in manufacturing 

 such bottles or containers so as to be of um'form capacity: provided, that no greater 

 tolerance shall be allowed in case of bottles or similar containers, which because 

 of their design cannot be made of approximate uniform capacity, than is allowed 

 in case of bottles or similar containers which can be manufactured so as to be of 

 approximate uniform capacity. 



(3) Discrepancies in weight or measure, due exclusively to differences in at- 

 mospheric conditions in various places, and which unavoidably result from the 

 ordinary and customary exposure of the packages to evaporation or to the absorp- 

 tion of water. 



Discrepancies under classes (1) and (2) of this paragraph shall be as often above 

 as below the marked quantity. The reasonableness of discrepancies under class 

 (3) of this paragraph will be determined on the facts in each case. 



(j) A package containing 2 avoirdupois ounces of food, or less, is 

 "small," and shall be exempt from marking in terms of weight. 



An Opinion (No. 46) regarding the Net Weight of 

 Comb Honey. 



Dear Sir: — The net weight of comb honey is considered to be the 

 weight of the honey and comb exclusive of the wooden section. It is 

 believed that the tare weight of these sections is easily ascertained, and 

 that the filled sections can be readily sorted into approximately similar 

 weights which may be marked in accordance with paragraph (h) of Food 

 Inspection Decision No. 154. 



The individual units must be marked, and the shipping case may be if 

 desired. The marking should be done previous to their introduction into 

 interstate commerce. 



