(6) Serving sizes of foods that are intended for weight control and are available only through a weight-control or weight-maintenance program may be determined using nutrient content claims or health claims when the nutrient content claim or health claim indicates that the serving size is the same as the serving size of the weight-control product.
(6) The serving size for products that are not available for purchase may be the size of the smallest commercially available portion of the product. When the portion size is not readily determined from the product label, the manufacturer shall provide sufficient information to be able to determine the portion size as described in paragraph (b)(2) of this section.
When calculating the serving size of a food, the common household measure shall be the household measure considered as the reference amount in § 101.12(b) for the food. For example, a variety pack containing four cup-sized packages of cookies of varying sizes (e.g., one package containing approximately 3 tablespoons, another package containing approximately 6 tablespoons, and the like) shall provide nutrition information for each serving size that is derived from the reference amount in § 101.12(b) applicable for each cup-sized package of cookies and the procedures to convert the reference amount to serving size in paragraph (b)(2) of this section.
(6) Packages of products that naturally vary in size, such as pickles, shellfish, whole fish, and fillet of fish, may be exempt from nutrient content and health claims if the appropriate reference amount for the product is provided. The reference amounts in § 101.12(b) shall be used to determine the serving size that is consistent with the meal plan of the weight-control program.
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