The capacity was read as the fill
On this page12
Our capacity field is nominal
It is the volume of the container. The quantity you fill to and declare is a separate number and it is yours.
So a non-standard bottle was read as unusable
It is not. Fill a 946 millilitre bottle to 750 and label it 750, and the standard of fill is satisfied.
Or a standard bottle was read as automatically compliant
A 473 millilitre bottle filled to 460 and labeled 473 is a net contents problem, not a standards of fill success.
The tolerance provision was overlooked
The tolerances in fill are the same as those allowed in respect to the statement of net contents on labels, which means the fill figure is not required to be exact to the millilitre.
And that cross-reference was not followed
What the tolerances are lives in another section and is not quoted here. Assuming a figure for them is the same error as inventing a character width.
Headspace was treated as free
Nearly 200 millilitres of air in a quart bottle is an oxidation problem in a fermented product and a presentation problem in clear glass, and nine of our fourteen are clear.
The 24 oz near miss was treated as a failure
709.764 against a 700 millilitre standard is under ten millilitres, which is inside ordinary fill practice. That one works.
A gallon was assumed to be available
3.785 litres sits in the dead zone between the 3 litre standard and the 4 litre even-litre allowance. It is not an authorized quantity.
And a quart was assumed to be on the list
It is not. 12 and 16 fluid ounces are, because they were added deliberately. 24 and 32 are not.
And the nominal capacity was compared to the wrong list
The twenty-five values are quantities of wine. Comparing a bottle's nominal capacity against them is a useful shortcut and it is not the test, which is what the label declares.
Check the fill, then pick the bottle
Which is the right order, because the fill is the regulated number and the bottle only has to accommodate it.