Two numbers
On this page11
Actual capacity
The volume the container will hold. Our capacity field, published on 37 of 39 containers here, running 950 to 18,927 mL with a median of 3,785.
Volume of product contained therein
What you actually put in. Which for a dry product is a bulk volume and depends on the piece, the moisture and how it settles.
Neither of them is the net quantity on the label
A label declares a net weight or a net volume of product, and the slack-fill arithmetic is about volumes in the container. Three different numbers.
Which is why a correct label does not settle it
A package can declare its net contents accurately and still be filled as to be misleading, because the two rules measure different things.
Settling is the dry-product complication
A product that settles during shipping occupies less volume on arrival than it did at fill. The regulation names that as a functional reason, and it is reason (3).
So the measurement has to be taken at the right moment
A fill volume measured at the filler and a fill volume measured after shipping are different numbers, and only one of them is what a consumer sees.
Our median container is exactly one gallon
3,785 mL, which is a round number in US customary and a conspicuous one. Of the 37 with a capacity, 21 are over a gallon.
And five are at five gallons
18,927 mL, which is a pail. At that scale a modest percentage of slack fill is a visually obvious amount of air.
Which is the practical point about large containers
The same ten percent of empty space is barely visible in a 950 mL jar and is nearly two litres in a five gallon pail.
Measure the fill in the container you will ship
Not in a graduate. Bulk density changes with the vessel, and the regulation is about the vessel.