§ 101.12 - Reference amounts customarily consumed per eating occasion.  


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  • § 101.12 Reference amounts customarily consumed per eating occasion.

    (a) The general principles and factors that the Food and Drug Administration (FDA) considered in arriving at the reference amounts customarily consumed per eating occasion (reference amounts) which are set forth in paragraph (b) of this section, are that:

    (1) FDA calculated the reference amounts for persons 4 years of age or older to reflect the amount of food customarily consumed per eating occasion by persons in this population group. These reference amounts are based on data set forth in appropriate national food consumption surveys.

    (2) FDA calculated the reference amounts for an infant or child under 4 years of age to reflect the amount of food customarily consumed per eating occasion by infants up to 12 months of age or by children 1 through 3 years of age, respectively. These reference amounts are based on data set forth in appropriate national food consumption surveys. Such reference amounts are to be used only when the food is specially formulated or processed for use by an infant or by a child under 4 years of age.

    (3) An appropriate national food consumption survey includes a large sample size representative of the demographic and socioeconomic characteristics of the relevant population group and must be based on consumption data under actual conditions of use.

    (4) To determine the amount of food customarily consumed per eating occasion, FDA considered the mean, median, and mode of the consumed amount per eating occasion.

    (5) When survey data were insufficient, FDA took various other sources of information on serving sizes of food into consideration. These other sources of information included:

    (i) Serving sizes used in dietary guidance recommendations or recommended by other authoritative systems or organizations;

    (ii) Serving sizes recommended in comments;

    (iii) Serving sizes used by manufacturers and grocers; and

    (iv) Serving sizes used by other countries.

    (6) Because they reflect the amount customarily consumed, the reference amount and, in turn, the serving size declared on the product label are based on only the edible portion of food, and not bone, seed, shell, or other inedible components.

    (7) The reference amount is based on the major intended use of the food (e.g., milk as a beverage and not as an addition to cereal).

    (8) The reference amounts for products that are consumed as an ingredient of other foods, but that may also be consumed in the form in which they are purchased (e.g., butter), are based on use in the form purchased.

    (9) FDA sought to ensure that foods that have similar dietary usage, product characteristics, and customarily consumed amounts have a uniform reference amount.

    (b) The following reference amounts shall be used as the basis for determining serving sizes for specific products:

    Table 1 - Reference Amounts Customarily Consumed per Eating Occasion: Foods for Infants and Young Children 1 Through 3 Years of Age1 2 3

    Product category Reference amount Label statement4
    Cereals, dry instant15 g__ cup (__ g)
    Cereals, prepared, ready-to-serve110 g__ cup(s) (__ g)
    Other cereal and grain products, dry ready-to-eat, e.g., ready-to-eat cereals, cookies, teething biscuits, and toasts7 g for infants and 20 g for young children (1 through 3 years of age) for ready-to-eat cereals; 7 g for all others__ cup(s) (__ g) for ready-to-eat cereals; piece(s) (__ g) for others
    Dinners, deserts, fruits, vegetables or soups, dry mix15 g__ tbsp(s) (__ g); __ cup(s) (__ g)
    Dinners, desserts, fruits, vegetables or soups, ready-to-serve, junior type110 g__ cup(s) (__ g); cup(s) (__ mL)
    Dinners, desserts, fruits, vegetables or soups, ready-to-serve, strained type110 g__ cup(s) (__ g); cup(s) (__ mL)
    Dinners, stews or soups for young children, ready-to-serve170 g__ cup(s) (__ g); cup(s) (__ mL)
    Fruits for young children, ready-to-serve125 g__ cup(s) (__ g)
    Vegetables for young children, ready-to-serve70 g__ cup(s) (__ g)
    Eggs/egg yolks, ready-to serve55 g__ cup(s) (__ g)
    Juices all varieties120 mL4 fl oz (120 mL)

    Table 2 - Reference Amounts Customarily Consumed Per Eating Occasion: General Food Supply1 2 3

    Product category Reference amount Label statement4
    Bakery Products:
    Bagels, toaster pastries, muffins (excluding English muffins)110 g__ piece(s) (__ g)
    Biscuits, croissants, tortillas, soft bread sticks, soft pretzels, corn bread, hush puppies, scones, crumpets, English muffins55 g__ piece(s) (__ g)
    Breads (excluding sweet quick type), rolls50 g__ piece(s) (__ g) for sliced bread and distinct pieces (e.g., rolls); 2 oz (56 g/__ inch slice) for unsliced bread
    Bread sticks - see crackers
    Toaster pastries - see bagels, toaster pastries, muffins (excluding English muffins)
    Brownies40 g__ piece(s) (__ g) for distinct pieces; fractional slice (__ g) for bulk
    Cakes, heavyweight (cheese cake; pineapple upside-down cake; fruit, nut, and vegetable cakes with more than or equal to 35 percent of the finished weight as fruit, nuts, or vegetables or any of these combinations)5 125 g__ piece(s) (__ g) for distinct pieces (e.g., sliced or individually packaged products); __ fractional slice (__ g) for large discrete units
    Cakes, mediumweight (chemically leavened cake with or without icing or filling except those classified as light weight cake; fruit, nut, and vegetable cake with less than 35 percent of the finished weight as fruit, nuts, or vegetables or any of these combinations; light weight cake with icing; Boston cream pie; cupcake; eclair; cream puff)6 80 g__ piece(s) (__ g) for distinct pieces (e.g., cupcake); __ fractional slice (__ g) for large discrete units
    Cakes, lightweight (angel food, chiffon, or sponge cake without icing or filling)7 55 g__ piece(s) (__ g) for distinct pieces (e.g., sliced or individually packaged products); __ fractional slice (__ g) for large discrete units
    Coffee cakes, crumb cakes, doughnuts, Danish, sweet rolls, sweet quick type breads55 g__ piece(s) (__ g) for sliced bread and distinct pieces (e.g., doughnut); 2 oz (56 g/visual unit of measure) for bulk products (e.g., unsliced bread)
    Cookies30 g__ piece(s) (__ g)
    Crackers that are usually not used as snack, melba toast, hard bread sticks, ice cream cones8 15 g__ piece(s) (__ g)
    Crackers that are usually used as snacks30 g__ piece(s) (__ g)
    Croutons7 g__ tbsp(s) (__ g); __ cup(s) (__ g); __ piece(s) (__ g) for large pieces
    Eggroll, dumpling, wonton, or potsticker wrappers20 g__ sheet (__ g); wrapper (__ g)
    French toast, crepes, pancakes, variety mixes110 g prepaed prepared for French toast, crepes, and pancakes; 40 g dry mix for variety mixes__ piece(s) (__ g); __ cup(s) (__ g) for dry mix
    Grain-based bars with or without filling or coating, e.g., breakfast bars, granola bars, rice cereal bars40 g__ piece(s) (__ g)
    Ice cream cones - see crackers
    Pies, cobblers, fruit crisps, turnovers, other pastries125 g__ piece(s) (__ g) for distinct pieces; __ fractional slice (__ g) for large discrete units
    Pie crust, pie shells, pastry sheets, (e.g., phyllo, puff pastry sheets)the allowable declaration closest to an 8 square inch surface area__ fractional slice(s) (__ g) for large discrete units; __ shells (__ g); __ fractional __ sheet(s) (__ g) for distinct pieces (e.g., Pastry sheet).
    Pizza crust55 g__ fractional slice (__ g)
    Taco shells, hard30 g__ shell(s) (__ g)
    Waffles85 g__ piece(s) (__ g)
    Beverages:
    Carbonated and noncarbonated beverages, wine coolers, water360 mL12 fl oz (360 mL)
    Coffee or tea, flavored and sweetened360 mL prepared12 fl oz (360 mL)
    Cereals and Other Grain Products:
    Breakfast cereals (hot cereal type), hominy grits1 cup prepared; 40 g plain dry cereal; 55 g flavored, sweetened cereal__ cup(s) (__ g)
    Breakfast cereals, ready-to-eat, weighing less than 20 g per cup, e.g., plain puffed cereal grains15 g__ cup(s) (__ g)
    Breakfast cereals, ready-to-eat, weighing 20 g or more but less than 43 g per cup; high fiber cereals containing 28 g or more of fiber per 100 g40 g__ cup(s) (__ g)
    Breakfast cereals, ready-to-eat, weighing 43 g or more per cup; biscuit types60 g__ piece(s) (__ g) for large distinct pieces (e.g., biscuit type); __ cup(s) (__ g) for all others
    Bran or wheat germ15 g__ tbsp(s) (__ g); __ cup(s) (__ g)
    Flours or cornmeal30 g__ tbsp(s) (__ g); __ cup(s) (__ g)
    Grains, e.g., rice, barley, plain140 g prepared; 45 g dry__ cup(s) (__ g)
    Pastas, plain140 g prepared; 55 g dry__ cup(s) (__ g); __ piece(s) (__ g) for large pieces (e.g., large shells or lasagna noodles) or 2 oz (56 g/visual unit of measure) for dry bulk products (e.g., spaghetti)
    Pastas, dry, ready-to-eat, e.g., fried canned chow mein noodles25 g__ cup(s) (__ g)
    Starches, e.g., cornstarch, potato starch, tapioca, etc10 g__ tbsp (__ g)
    Stuffing100 g__ cup(s) (__ g)
    Dairy Products and Substitutes:
    Cheese, cottage110 g__ cup (__ g)
    Cheese used primarily as ingredients, e.g., dry cottage cheese, ricotta cheese55 g__ cup (__ g)
    Cheese, grated hard, e.g., Parmesan, Romano5 g__ tbsp (__ g)
    Cheese, all others except those listed as separate categories - includes cream cheese and cheese spread30 g__ piece(s) (__ g) for distinct pieces; __ tbsp(s) (__ g) for cream cheese and cheese spread; 1 oz (28 g/visual unit of measure) for bulk
    Cheese sauce - see sauce category
    Cream or cream substitutes, fluid15 mL1 tbsp (15 mL)
    Cream or cream substitutes, powder2 g__ tsp (__ g)
    Cream, half & half30 mL2 tbsp (30 mL)
    Eggnog120 mL 12 cup (120 mL); 4 fl oz (120 mL)
    Milk, condensed, undiluted30 mL2 tbsp (30 mL)
    Milk, evaporated, undiluted30 mL2 tbsp (30 mL)
    Milk, milk-substitute beverages, milk-based drinks, e.g., instant breakfast, meal replacement, cocoa, soy beverage240 mL1 cup (240 mL); 8 fl oz (240 mL)
    Shakes or shake substitutes, e.g., dairy shake mixes, fruit frost mixes240 mL1 cup (240 mL); 8 fl oz (240 mL)
    Sour cream30 g__ tbsp (__ g)
    Yogurt170 g__ cup (__ g)
    Desserts:
    Ice cream, frozen yogurt, sherbet, frozen flavored and sweetened ice and pops, frozen fruit juices: all types bulk and novelties (e.g., bars, sandwiches, cones, cups) 23 cup - includes the volume for coatings and wafers 23 cup (__ g), __ piece(s) (__ g) for individually wrapped or packaged products
    Sundae1 cup1 cup (__ g)
    Custards, gelatin, or pudding 12 cup prepared; amount to make 12 cup prepared when dry__ piece(s) (__ g) for distinct unit (e.g., individually packaged products); 12 cup (__ g) for bulk
    Dessert Toppings and Fillings:
    Cake frostings or icings2 tbsp__ tbsp(s) (__ g)
    Other dessert toppings, e.g., fruits, syrups, spreads, marshmallow cream, nuts, dairy and non-dairy whipped toppings2 tbsp2 tbsp (__ g); 2 tbsp (30 mL)
    Pie fillings85 g__ cup(s) (__ g)
    Egg and Egg Substitutes:
    Egg mixtures, e.g., egg foo young, scrambled eggs, omelets110 g__ piece(s) (__ g) for discrete pieces; __ cup(s) (__ g)
    Eggs (all sizes)8 50 g1 large, medium, etc. (__ g)
    Egg whites, sugared eggs, sugared egg yolks, and egg substitutes (fresh, frozen, dried)An amount to make 1 large (50 g) egg__ cup(s) (__ g); __ cup(s) (__ mL)
    Fats and Oils:
    Butter, margarine, oil, shortening1 tbsp1 tbsp (__ g); 1 tbsp (15 mL)
    Butter replacement, powder2 g__ tsp(s) (__ g)
    Dressings for salads30 g__ tbsp (__ g); __ tbsp (__ mL)
    Mayonnaise, sandwich spreads, mayonnaise-type dressings15 g__ tbsp (__ g)
    Spray types0.25 gAbout __ seconds spray (__ g)
    Fish, Shellfish, Game Meats,9 and Meat or Poultry Substitutes:
    Bacon substitutes, canned anchovies,10 anchovy pastes, caviar15 g__ piece(s) (__ g) for discrete pieces; __ tbsp(s) (__ g) for others
    Dried, e.g., jerky30 g__ piece(s) (__ g)
    Entrees with sauce, e.g., fish with cream sauce, shrimp with lobster sauce140 g cooked__ cup(s) (__ g); 5 oz (140 g/visual unit of measure) if not measurable by cup
    Entrees without sauce, e.g., plain or fried fish and shellfish, fish and shellfish cake85 g cooked; 110 g uncooked11 __ piece(s) (__ g) for discrete pieces; __ cup(s) (__ g); __ oz (__ g/visual unit of measure) if not measurable by cup12
    Fish, shellfish, or game meat9, canned10 85 g__ piece(s) (__ g) for discrete pieces; __ cup(s) (__ g); 3 oz (85 g/__ cup) for products that are difficult to measure the g weight of cup measure (e.g., tuna); 3 oz (85 g/__ pieces) for products that naturally vary in size (e.g., sardines)
    Substitute for luncheon meat, meat spreads, Canadian bacon, sausages, frankfurters, and seafood55 g__ piece(s) (__ g) for distinct pieces (e.g., slices, links); __ cup(s) (__ g); 2 oz (56 g/visual unit of measure) for nondiscrete bulk product
    Smoked or pickled fish,10 shellfish, or game meat9; fish or shellfish spread55 g__ piece(s) (__ g) for distinct pieces (e.g., slices, links) or __ cup(s) (__ g); 2 oz (56 g/visual unit of measure) for nondiscrete bulk product
    Substitutes for bacon bits - see Miscellaneous
    Fruits and Fruit Juices:
    Candied or pickled10 30 g__ piece(s) (__ g)
    Dehydrated fruits - see snack category
    Dried40 g__ piece(s) (__ g) for large pieces (e.g., dates, figs, prunes); __ cup(s) (__ g) for small pieces (e.g., raisins)
    Fruits for garnish or flavor, e.g., maraschino cherries10 4 g1 cherry (__ g); __ piece(s) (__ g)
    Fruit relishes, e.g., cranberry sauce, cranberry relish70 g__ cup(s) (__ g)
    Fruits used primarily as ingredients, avocado50 gSee footnote12
    Fruits used primarily as ingredients, others (cranberries, lemon, lime)50 g__ piece(s) (__ g) for large fruits; __ cup(s) (__ g) for small fruits measurable by cup12
    Watermelon280 gSee footnote12
    All other fruits (except those listed as separate categories), fresh, canned or frozen140 g__ piece(s) (__ g) for large pieces (e.g., strawberries, prunes, apricots, etc.); __ cup(s) (__ g) for small pieces (e.g., blueberries, raspberries, etc.)12
    Juices, nectars, fruit drinks240 mL8 fl oz (240 mL)
    Juices used as ingredients, e.g., lemon juice, lime juice5 mL1 tsp (5 mL)
    Legumes:
    Tofu,10 tempeh85 g__ piece(s) (__ g) for discrete pieces; 3 oz (84 g/visual unit of measure) for bulk products
    Beans, plain or in sauce130 g for beans in sauce or canned in liquid and refried beans prepared; 90 g for others prepared; 35 g dry__ cup (__ g)
    Miscellaneous:
    Baking powder, baking soda, pectin0.6 g__ tsp (__ g)
    Baking decorations, e.g., colored sugars and sprinkles for cookies, cake decorations1 tsp or 4 g if not measurable by teaspoon__ piece(s) (__ g) for discrete pieces; 1 tsp (__ g)
    Batter mixes, bread crumbs30 g__ tbsp(s) (__ g); __ cup(s) (__ g)
    Chewing gum8 3 g__ piece(s) (__ g)
    Cocoa powder, carob powder, unsweetened1 tbsp1 tbsp (__ g)
    Cooking wine30 mL2 tbsp (30 mL)
    Dietary supplementsThe maximum amount recommended, as appropriate, on the label for consumption per eating occasion or, in the absence of recommendations, 1 unit, e.g., tablet, capsule, packet, teaspoonful, etc__ tablet(s), __ capsules(s), __ packet(s), __ tsp(s) (__ g), etc.
    Meat, poultry, and fish coating mixes, dry; seasoning mixes, dry, e.g., chili seasoning mixes, pasta salad seasoning mixesAmount to make one reference amount of final dish__ tsp(s) (__ g); __ tbsp(s) (__ g)
    Milk, milk substitute, and fruit juice concentrates (without alcohol) (e.g., drink mixers, frozen fruit juice concentrate, sweetened cocoa powder)Amount to make 240 mL drink (without ice)__ fl oz (__ mL); __ tsp (__ g); tbsp (__ g)
    Drink mixes (without alcohol): All other types (e.g., flavored syrups and powdered drink mixes)Amount to make 360 mL drink (without ice)__ fl oz (__ mL); __ tsp (__ g); __ tbsp (__ g)
    Salad and potato toppers, e.g., salad crunchies, salad crispins, substitutes for bacon bits7 g__ tbsp(s) (__ g)
    Salt, salt substitutes, seasoning salts (e.g., garlic salt) 14 tsp 14 tsp (__ g); __ piece(s) (__ g) for discrete pieces (e.g., individually packaged products)
    Seasoning oils and seasoning sauces (e.g., coconut concentrate, sesame oil, almond oil, chili oil, coconut oil, walnut oil)1 tbsp1 tbsp (__ g)
    Seasoning pastes (e.g., garlic paste, ginger paste, curry paste, chili paste, miso paste), fresh or frozen1 tsp1 tsp (__ g)
    Spices, herbs (other than dietary supplements) 14 tsp or 0.5 g if not measurable by teaspoon 14 tsp (__ g); __ piece(s) (__ g) if not measurable by teaspoons (e.g., bay leaf)
    Mixed Dishes:
    Appetizers, hors d'oeuvres, mini mixed dishes, e.g., mini bagel pizzas, breaded mozzarella sticks, egg rolls, dumplings, potstickers, wontons, mini quesadillas, mini quiches, mini sandwiches, mini pizza rolls, potato skins85 g, add 35 g for products with gravy or sauce topping__ piece(s) (__ g)
    Measurable with cup, e.g., casseroles, hash, macaroni and cheese, pot pies, spaghetti with sauce, stews, etc1 cup1 cup (__ g)
    Not measurable with cup, e.g., burritos, enchiladas, pizza, pizza rolls, quiche, all types of sandwiches140 g, add 55 g for products with gravy or sauce topping, e.g., enchilada with cheese sauce, crepe with white sauce13 __ piece(s) (__ g) for discrete pieces; __ fractional slice (__ g) for large discrete units
    Nuts and Seeds:
    Nuts, seeds and mixtures, all types: Sliced, chopped, slivered, and whole30 g__ piece(s) (__ g) for large pieces (e.g., unshelled nuts); __ tbsp(s) (__ g); __ cup(s) (__ g) for small pieces (e.g., peanuts, sunflower seeds)
    Nut and seed butters, pastes, or creams2 tbsp2 tbsp (__ g)
    Coconut, nut and seed flours15 g__ tbsp(s) (__ g); __ cup (__ g)
    Potatoes and Sweet Potatoes/Yams:
    French fries, hash browns, skins, or pancakes70 g prepared; 85 g for frozen unprepared French fries__ piece(s) (__ g) for large distinct pieces (e.g., patties, skins); 2.5 oz (70 g/__ pieces) for prepared fries; 3 oz (84 g/__ pieces) for unprepared fries
    Mashed, candied, stuffed or with sauce140 g__ piece(s) (__ g) for discrete pieces (e.g., stuffed potato); __ cup(s) (__ g)
    Plain, fresh, canned, or frozen110 g for fresh or frozen; 125 g for vacuum packed; 160 g for canned in liquid__ piece(s) (__ g) for discrete pieces; __ cup(s) (__ g) for sliced or chopped products
    Salads:
    Gelatin salad120 g__ cup (__ g)
    Pasta or potato salad140 g__ cup(s) (__ g)
    All other salads, e.g., egg, fish, shellfish, bean, fruit, or vegetable salads100 g__ cup(s) (__ g)
    Sauces, Dips, Gravies, and Condiments:
    Barbecue sauce, hollandaise sauce, tartar sauce, tomato chili sauce, other sauces for dipping (e.g., mustard sauce, sweet and sour sauce), all dips (e.g., bean dips, dairy-based dips, salsa)2 tbsp2 tbsp (__ g); 2 tbsp (30 mL)
    Major main entree sauces, e.g., spaghetti sauce125 g__ cup (__ g); __ cup (__ mL)
    Minor main entree sauces (e.g., pizza sauce, pesto sauce, Alfredo sauce), other sauces used as toppings (e.g., gravy, white sauce, cheese sauce), cocktail sauce 14 cup 14 cup (__ g); 14 cup (60 mL)
    Major condiments, e.g., catsup, steak sauce, soy sauce, vinegar, teriyaki sauce, marinades1 tbsp1 tbsp (__ g); 1 tbsp (15 mL)
    Minor condiments, e.g., horseradish, hot sauces, mustards, Worcestershire sauce1 tsp1 tsp (__ g); 1 tsp (5 mL)
    Snacks:
    All varieties, chips, pretzels, popcorn, extruded snacks, fruit and vegetable-based snacks (e.g., fruit chips), grain-based snack mixes30 g__ cup (__ g) for small pieces (e.g., popcorn); __ piece(s) (__ g) for large pieces (e.g., large pretzels; pressed dried fruit sheet); 1 oz (28g/visual unit of measure) for bulk products (e.g., potato chips)
    Soups:
    All varieties245 g__ cup (__ g); __ cup (__ mL)
    Dry soup mixes, bouillonAmount to make 245 g__ cup (__ g); __ cup (__ mL)
    Sugars and Sweets:
    Baking candies (e.g., chips)15 g__ piece(s) (__ g) for large pieces; __ tbsp(s) (__ g) for small pieces; 12 oz (14 g/visual unit of measure) for bulk products
    After-dinner confectioneries10 g__ piece(s) (__ g)
    Hard candies, breath mints8 2 g__ piece(s) (__ g)
    Hard candies, roll-type, mini-size in dispenser packages5 g__ piece(s) (__ g)
    Hard candies, others; powdered candies, liquid candies15 mL for liquid candies; 15 g for all others__ piece(s) (__ g) for large pieces; __ tbsp(s) (__ g) for “mini-size” candies measurable by tablespoon; __ straw(s) (__ g) for powdered candies; __ wax bottle(s) (__ mL) for liquid candies; 12 oz (14 g/visual unit of measure) for bulk products
    All other candies30 g__ piece(s) (__ g); 1 oz (30 g/visual unit of measure) for bulk products
    Confectioner's sugar30 g__ cup (__ g)
    Honey, jams, jellies, fruit butter, molasses, fruit pastes, fruit chutneys1 tbsp1 tbsp (__ g); 1 tbsp (15 mL)
    Marshmallows30 g__ cup(s) (__ g) for small pieces; __ piece(s) (__ g) for large pieces
    Sugar8 g__ tsp (__ g); __ piece(s) (__ g) for discrete pieces (e.g., sugar cubes, individually packaged products)
    Sugar substitutesAn amount equivalent to one reference amount for sugar in sweetness__ tsp(s) (__ g) for solids; __ drop(s) (__ g) for liquid; __ piece(s) (__ g) (e.g., individually packaged products)
    Syrups30 mL for all syrups2 tbsp (30 mL)
    Vegetables:
    Dried vegetables, dried tomatoes, sun-dried tomatoes, dried mushrooms, dried seaweed5 g, add 5 g for products packaged in oil__ piece(s); 13 cup (__ g)
    Dried seaweed sheets3 g__ piece(s) (__ g); __ cup(s) (__ g)
    Vegetables primarily used for garnish or flavor (e.g., pimento,10 parsley, fresh or dried)4 g__ piece(s) (__ g); __ tbsp(s) (__ g) for chopped products
    Fresh or canned chili peppers, jalapeno peppers, other hot peppers, green onion30 g__ piece(s) (__ g)12; __ tbsp(s) (__ g); __ cup(s) (__ g) for sliced or chopped products
    All other vegetables without sauce: Fresh, canned, or frozen85 g for fresh or frozen; 95 g for vacuum packed; 130 g for canned in liquid, cream-style corn, canned or stewed tomatoes, pumpkin, or winter squash__ piece(s) (__ g) for large pieces (e.g., Brussels sprouts); __ cup(s) (__ g) for small pieces (e.g., cut corn, green peas); 3 oz (84 g/visual unit of measure) if not measurable by cup
    All other vegetables with sauce: Fresh, canned, or frozen110 g__ piece(s) (__ g) for large pieces (e.g., Brussels sprouts); __ cup(s) (__ g) for small pieces (e.g., cut corn, green peas); 4 oz (112 g/visual unit of measure) if not measurable by cup
    Vegetable juice240 mL8 fl oz (240 mL)
    Olives10 15 g__ piece(s) (__ g); __ tbsp(s) (__ g) for sliced products
    Pickles and pickled vegetables, all types10 30 g1 oz (28 g/visual unit of measure)
    Pickle relishes15 g__ tbsp (__ g)
    Sprouts, all types: Fresh or canned1/4 cup 14 cup (__ g)
    Vegetable pastes, e.g., tomato paste30 g__ tbsp (__ g)
    Vegetable sauces or purees, e.g., tomato sauce, tomato puree60 g__ cup (__ g); __ cup (__ mL)

    (c) If a product requires further preparation, e.g., cooking or the addition of water or other ingredients, and if paragraph (b) of this section provides a reference amount for the product in the prepared form, but not the unprepared form, then the reference amount for the unprepared product must be the amount of the unprepared product required to make the reference amount for the prepared product as established in paragraph (b) of this section.

    (d) The reference amount for an imitation or substitute food or altered food, such as a “low calorie” version, shall be the same as for the food for which it is offered as a substitute.

    (e) If a food is modified by incorporating air (aerated), and thereby the density of the food is lowered by 25 percent or more in weight than that of an appropriate reference regular food as described in § 101.13(j)(1)(ii)(A), and the reference amount of the regular food is in grams, the manufacturer may determine the reference amount of the aerated food by adjusting for the difference in density of the aerated food relative to the density of the appropriate reference food provided that the manufacturer will show FDA detailed protocol and records of all data that were used to determine the density-adjusted reference amount for the aerated food. The reference amount for the aerated food shall be rounded to the nearest 5-g increment. Such products shall bear a descriptive term indicating that extra air has been incorporated (e.g., whipped, aerated). The density-adjusted reference amounts described in paragraph (b) of this section may not be used for cakes except for cheese cake. The differences in the densities of different types of cakes having different degrees of air incorporation have already been taken into consideration in determining the reference amounts for cakes in § 101.12(b). In determining the difference in density of the aerated and the regular food, the manufacturer shall adhere to the following:

    (1) The regular and the aerated product must be the same in size, shape, and volume. To compare the densities of products having nonsmooth surfaces (e.g., waffles), manufacturers shall use a device or method that ensures that the volumes of the regular and the aerated products are the same.

    (2) Sample selections for the density measurements shall be done in accordance with the provisions in § 101.9(g).

    (3) Density measurements of the regular and the aerated products shall be conducted by the same trained operator using the same methodology (e.g., the same equipment, procedures, and techniques) under the same conditions.

    (4) Density measurements shall be replicated a sufficient number of times to ensure that the average of the measurements is representative of the true differences in the densities of the regular and the “aerated” products.

    (f) For products that have no reference amount listed in paragraph (b) of this section for the unprepared or the prepared form of the product and that consist of two or more foods packaged and presented to be consumed together (e.g., peanut putter butter and jelly, cracker and cheese pack, pancakes and syrup, cake and frosting), the reference amount for the combined product shall be determined using the following rules:

    (1) The reference amount for the combined product must be the reference amount, as established in paragraph (b) of this section, for the ingredient that is represented as the main ingredient (e.g., peanut butter, pancakes, cake) plus proportioned amounts of all minor ingredients.

    (2) If the reference amounts are in compatible units, the weights or volumes must be summed (e.g., the reference amount for equal volumes of peanut butter and jelly for which peanut butter is represented as the main ingredient would be 4 tablespoons (tbsp) (2 tbsp peanut butter plus 2 tbsp jelly)). If the reference amounts are in incompatible units, all amounts must be converted to weights and summed, e.g., the reference amount for pancakes and syrup would be 110 g (the reference amount for pancakes) plus the weight of the proportioned amount of syrup.

    (g) The reference amounts set forth in paragraphs (b) through (f) of this section shall be used in determining whether a product meets the criteria for nutrient content claims, such as “low calorie,” and for health claims. If the serving size declared on the product label differs from the reference amount, and the product meets the criteria for the claim only on the basis of the reference amount, the claim shall be followed by a statement that sets forth the basis on which the claim is made. That statement shall include the reference amount as it appears in paragraph (b) of this section followed, in parenthesis, by the amount in common household measure if the reference amount is expressed in measures other than common household measures (e.g., for a beverage, “Very low sodium, 35 mg or less per 240 mL (8 fl oz)”).

    (h) The Commissioner of Food and Drugs, either on his or her own initiative or in response to a petition submitted pursuant to part 10 of this chapter, may issue a proposal to establish or amend a reference amount in paragraph (b) of this section. A petition to establish or amend a reference amount shall include:

    (1) Objective of the petition;

    (2) A description of the product;

    (3) A complete sample product label including nutrition label, using the format established by regulation;

    (4) A description of the form (e.g., dry mix, frozen dough) in which the product will be marketed;

    (5) The intended dietary uses of the product with the major use identified (e.g., milk as a beverage and chips as a snack);

    (6) If the intended use is primarily as an ingredient in other foods, list of foods or food categories in which the product will be used as an ingredient with information on the prioritization of the use;

    (7) The population group for which the product will be offered for use (e.g., infants, children under 4 years of age);

    (8) The names of the most closely related products (or in the case of foods for special dietary use and imitation or substitute foods, the names of the products for which they are offered as substitutes);

    (9) The suggested reference amount (the amount of edible portion of food as consumed, excluding bone, seed, shell, or other inedible components) for the population group for which the product is intended with full description of the methodology and procedures that were used to determine the suggested reference amount. In determining the reference amount, general principles and factors in paragraph (a) of this section should be followed.

    (10) The suggested reference amount shall be expressed in metric units. Reference amounts for fluids shall be expressed in milliliters. Reference amounts for other foods shall be expressed in grams except when common household units such as cups, tablespoons, and teaspoons, are more appropriate or are more likely to promote uniformity in serving sizes declared on product labels. For example, common household measures would be more appropriate if products within the same category differ substantially in density, such as frozen desserts.

    (i) In expressing the reference amounts in milliliters, the following rules shall be followed:

    (A) For volumes greater than 30 milliliters (mL), the volume shall be expressed in multiples of 30 mL.

    (B) For volumes less than 30 mL, the volume shall be expressed in milliliters equivalent to a whole number of teaspoons or 1 tbsp, i.e., 5, 10, or 15 mL.

    (ii) In expressing the reference amounts in grams, the following general rules shall be followed:

    (A) For quantities greater than 10 g, the quantity shall be expressed in the nearest 5-g increment.

    (B) For quantities less than 10 g, exact gram weights shall be used.

    (11) A petition to create a new subcategory of food with its own reference amount shall include the following additional information:

    (i) Data that demonstrate that the new subcategory of food will be consumed in amounts that differ enough from the reference amount for the parent category to warrant a separate reference amount. Data must include sample size; and the mean, standard deviation, median, and modal consumed amount per eating occasion for the petitioned product and for other products in the category, excluding the petitioned product. All data must be derived from the same survey data.

    (ii) Documentation supporting the difference in dietary usage and product characteristics that affect the consumption size that distinguishes the petitioned product from the rest of the products in the category.

    (12) A claim for categorical exclusion under § 25.30 or § 25.32 of this chapter or an environmental assessment under § 25.40 of this chapter, and

    (13) In conducting research to collect or process food consumption data in support of the petition, the following general guidelines should be followed.

    (i) Sampled population selected should be representative of the demographic and socioeconomic characteristics of the target population group for which the food is intended.

    (ii) Sample size (i.e., number of eaters) should be large enough to give reliable estimates for customarily consumed amounts.

    (iii) The study protocol should identify potential biases and describe how potential biases are controlled for or, if not possible to control, how they affect interpretation of results.

    (iv) The methodology used to collect or process data should be fully documented and should include: study design, sampling procedures, materials used (e.g., questionnaire, and interviewer's manual), procedures used to collect or process data, methods or procedures used to control for unbiased estimates, and procedures used to correct for nonresponse.

    (14) A statement concerning the feasibility of convening associations, corporations, consumers, and other interested parties to engage in negotiated rulemaking to develop a proposed rule consistent with the Negotiated Rulemaking Act (5 U.S.C. 561).

    [58 FR 44051, Aug. 18, 1993; 58 FR 60109, Nov. 15, 1993, as amended at 59 FR 371, Jan. 4, 1994; 59 FR 24039, May 10, 1994; 62 FR 40598, July 29, 1997; 62 FR 49848, Sept. 23, 1997; 63 FR 14818, Mar. 27, 1998; 64 FR 12890, Mar. 16, 1999; 66 FR 56035, Nov. 6, 2001; 81 FR 34041, May 27, 2016]