United States Department of Agriculture

Agricultural Marketing Service

Federal Grain Inspection Service

Directive 9170.15 August 11, 2015

Distribution: FGIS, OSP, Grain Industry Originating Office: FMD, PPMAB

The U.S. Department of Agriculture (USDA) prohibits discrimination in its programs on the basis of race, color, 

national origin, sex, religion, age, disability, political beliefs, and marital or familial status. (Not all prohibited 

bases apply to all programs.) Persons with disabilities who require alternate means for communication of program 

information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and 

TDD).

To file a complaint, write to the USDA, Office of Civil Rights, Room 326-W, 1400 Independence Avenue, SW, 

Washington, DC 20250-9410, or call (202) 720-5964 (voice and TDD). USDA is an equal employment opportunity 

employer.

REVIEW INSPECTIONS OF GRAINS AND COMMODITIES

Contents

REVIEW INSPECTIONS OF GRAINS AND COMMODITIES ������������������������������������������������1

1. PURPOSE �������������������������������������������������������������������������������������������������������������������������

2. REGULATORY INFORMATION �����������������������������������������������������������������������������������������

3. OVERVIEW OF LEVELS OF REVIEW ������������������������������������������������������������������������������

4. DEFINITIONS ���������������������������������������������������������������������������������������������������������������������

5. LEVELS OF REVIEW INSPECTION FOR SINGLE LOT INSPECTION ����������������������������

6. LEVELS OF REVIEW INSPECTIONS FOR ON-LINE INSPECTION PLANS �������������������

7. REVIEW INSPECTION REQUESTS ���������������������������������������������������������������������������������

8. PERFORMING REVIEW INSPECTIONS �������������������������������������������������������������������������1

9. CERTIFICATION ���������������������������������������������������������������������������������������������������������������1

10. QUESTIONS �������������������������������������������������������������������������������������������������������������������1

Questions and Answers ���������������������������������������������������������������������������������������������������������14
FGIS Directive 9170.15 August 11, 2015

Page 2

1. PURPOSE

The purpose of this directive is to provide instructions to applicants and inspection 

personnel concerning the review inspection procedures for grain and other commodities

This directive does not present any new policy information but consolidates existing 

information into one document

2. REGULATORY INFORMATION

The United States Grain Standards Act (USGSA) authorizes reinspections and 

appeal inspections of grain by FGIS and official agencies (7 U.S.C. 79(c)). FGIS has 

established regulations that provide for reinspection, appeal inspection, and Board 

appeal inspection of grain samples (7 CFR 800.125-139)  The regulations under th

Agricultural Marketing Act of 1946 (AMA) authorize retest, appeal inspection, and 

Board appeal inspection of agricultural commodities not covered by the USGSA (7 CFR 

868.50-63

3. OVERVIEW OF LEVELS OF REVIEW

USGSA AMA

Individual 

Carrier, 

Composite, 

or Average 

Composite 

Lot

CuSum Single Lot

Rice 

Sublot Entire Lot Graded Roundlots

Commodities

Nongraded 

Commodities

Levels of 

Review 

Permitted

3 2 3† 2 2 2

Levels

Reinspection, 

Appeal, Board 

Appeal

Reinspection 

OR Appeal, 

Board Appeal

Reinspection, 

Appeal, Board 

Appeal

Appeal, Board 

Appeal Retest, Appeal Appeal, Board Appeal

Eligibility All Lots Only Material 

Portions All Lots All Lots All Lots

All Lots if 

Any Exceed 

Tolerance

Average 

or 

Replace

Replace

Average 

(if within 

material error 

limit)

Replace Replace Replace Replace

† - The minimum level of review for an entire CuSum lot is the highest level of review 

that prevailed during loading of the lot
FGIS Directive 9170.15 August 11, 2015

Page 3

4. DEFINITIONS

a. Appeal Inspection – A review inspection provided by the FGIS Field Office wit

jurisdiction over the official service provider or by the Commodity Testing 

Laboratory (nongraded commodities only)

b. Average Composite Lot – A lot consisting of multiple carriers which is certified o

the basis of an average of results of individually sampled and graded carriers

c. Board Appeal Inspection – A review inspection provided by the FGIS Board o

Appeals and Review (BAR). A Board appeal inspection is the final determination of 

quality available for a lot of grain

d. Composite Lot – A lot consisting of multiple carriers which is certified on the basi

of a composite sample consisting of portions obtained from all carriers

e. CuSum – An on-line acceptance plan for inspection of grain in shiplots or uni

trains

f. Graded Commodity – A commodity for which standards have been establishe

under the AMA for grade designation

g. Interested Person – Any person having a contract or other financial interest in gra

as the owner, seller, purchaser, warehouseman, carrier, or otherwise

h. Lot – A specified amount of grain or commodity which is presented for inspectio

i. Material Error – An error in the results of an official inspection service that exceed

the official tolerance.

j. Nongraded Commodity – A processed commodity or an unprocessed commodit

which is chemically tested for factors not included in the AMA

k. Official Criteria – Quantified physical or chemical properties of grain that ar

determined upon request but do not affect the grade of the lot.

l. Official Service Provider – FGIS or the official agency that performs an origina

inspection of a lot of grain or commodity

m. Reinspection – A review inspection provided by the same official service provide

that performed the original inspection of the lot

n. Retest – A review inspection of a nongraded commodity or factor performed unde

the authority of the AMA

o. Roundlot – A single lot of rice comprised of multiple units inspected via an onlin

acceptance plan

p. Sublot – For on-line sampling plans, a sublot is a smaller portion of a larger l
FGIS Directive 9170.15 August 11, 2015

Page 4

5. LEVELS OF REVIEW INSPECTION FOR SINGLE LOT INSPECTION

Only one inspection service is available per level of review for any given lot

a. USG

The regulations under the USGSA provide for three levels of review inspection on 

a single lot of grain

(1) Reinspection.

The original service provider may provide a reinspection of an original 

inspection service. The result of an reinspection supersedes the original

result

(2) Appeal Inspection

FGIS may provide an appeal inspection of an original inspection or a 

reinspection. The result of an appeal inspection supersedes the original or

reinspection result

(3) Board Appeal Inspection

The BAR will only perform a Board appeal inspection on a sample that 

has already received an appeal inspection. The result of a Board appeal

inspection supersedes the appeal inspection result

b. A

The regulations under the AMA provide for different review inspection options for 

single lots of graded and nongraded commodities and factors

(1) Graded Commodities

(a) Appeal Inspection

FGIS may provide an appeal inspection of an original inspection. The

result of an appeal inspection supersedes the original result

(b) Board Appeal Inspection

Under the AMA, the BAR may provide a Board appeal inspection of an 

original or appeal inspection. The result of a Board appeal inspection

supersedes the original or appeal inspection result
FGIS Directive 9170.15 August 11, 2015

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(2) Nongraded Commodities

(a) Retest

An official service provider may provide a retest of an original inspection. 

The result of a retest supersedes the original result

(b) Appeal Inspection

The Commodity Testing Laboratory may provide an appeal inspection 

of an original inspection or a retest. The result of an appeal inspection

supersedes the original or retest result

6. LEVELS OF REVIEW INSPECTIONS FOR ON-LINE INSPECTION PLANS

a. CuS

Applicants may request review inspections of a material portion sublot or of 

the entire lot. Sublots accepted by the loading plan are not eligible for review

inspections except as part of a review inspection of the entire lot

(1) Material Portion

Review inspections of material portion sublots are limited to one field review 

(reinspection or appeal inspection) and one Board appeal inspection. A

sublot is only eligible for a Board appeal inspection if the reinspection or 

appeal inspection does not remove the material portion designation. The

review inspection results are averaged with the previous level(s) of inspection 

to obtain a result for the sublot unless they exceed the material error limit, in 

which case the review results replace the previous results

In order to preserve the identity of the file sample, official personnel perform 

the field review analysis on unused extra grain from the sample, while the 

BAR performs Board appeal inspections based on the official file sample. 

(2) Entire Lot

Upon completion of a CuSum lot, applicants may request review inspections 

of the entire lot. The levels of inspection available are the same as those for

single lot inspection. The first level of the review inspection of the entire lot is 

limited to the highest level of inspection that was performed on the CuSum lot

For example, if the applicant requested an appeal inspection on any sublot 

during loading, the lowest level of review inspection available for the entire lot 

is an appeal inspection. FGIS or the official agency will calculate new CuSum 

values based on the review inspection. The result of this newly calculated

CuSum will supersede the original result

Refer to the Grain Inspection Handbook III - Inspection Procedures for more 

details and specific procedures.
FGIS Directive 9170.15 August 11, 2015

Page 6

b. Rice Roundlo

If a sublot factor exceeds the grade/contract requirements or the roundlot tolerance, the 

applicant may request an appeal inspection of that sublot. The results of the appeal

inspection supersede the results of the original inspection

(1) If the sublot meets grade/contract requirements based on the appeal 

inspection, the applicant may elect to keep it in the roundlot. In this case,

FGIS must perform an appeal inspection on all of the other sublots in the lot, 

including those that are yet to be loaded

(2) If the sublot does not meet grade/contract requirements based on the appeal 

inspection, the applicant must remove the sublot from the roundlot and submit 

it as a single lot

Upon completion of the roundlot, an interested person may request an appeal 

inspection or Board appeal inspection of the entire lot. If an appeal inspection has

already been performed during loading, then only a Board appeal inspection is 

available

Refer to the Rice Inspection Handbook for more details

7. REVIEW INSPECTION REQUESTS

a. Who May Request Review Inspection Servi

The regulations under the USGSA and the AMA provide that any interested person 

may request review inspection services

b. How to Request Review Inspection Servi

Applicants for review inspections may request which factors they would like to 

be reinspected or appealed. The review inspection will focus on those factors,

but also take into consideration all grade factors and review the accuracy of the 

previous level of inspection

(1) Reinspections.

Applicants must request a reinspection from the official service provider that 

performed the original inspection. A verbal request for reinspection is usually

sufficient, but official personnel may require the request to be confirmed in 

writing at their discretion
FGIS Directive 9170.15 August 11, 2015

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(2) Appeal Inspections.

Applicants must request an appeal inspection from the FGIS field office that 

is responsible for oversight of the original service provider. Applicants may

request an appeal inspection verbally, but must confirm the request in writing. 

Applicants should also inform the official service provider of their intention 

to apply for an appeal inspection in order for the sample to be shipped and 

inspected in a timely manner.

(3) Board Appeal Inspections.

Applicants must request a Board appeal inspection from the FGIS field office 

that performed the appeal inspection. Applicants may request an appeal

inspection verbally, but must confirm the request in writing.

c. Sample Used for Review Inspectio

(1) USGSA

(a) Sampled During Continuous Loading

If a lot is sampled using an on-line sampling device (i.e., diverter-typ

mechanical sampler, pelican, or Ellis cup) during continuous loading, 

all review inspections except for condition factors (i.e., odor, infestation

and heating) are performed on the basis of the official file sample for 

single lots or an unworked portion of the sample for CuSum sublots.

For domestic grain shipments, reinspection and appeal inspections for 

condition factors may be performed on the basis of a new probe sample 

drawn from a lot that was sampled during continuous loading

(b) Probe Sampled

If a lot is originally sampled using a probe sample, official personnel 

may make the decision to draw a new probe sample to be used for 

reinspection and appeal inspections

The BAR performs all Board appeal inspections on the basis of the 

official file sample.

Note: Inspectors analyze the work portion and file sample to apply 

the special grade Infested. Accordingly, a review inspection will not 

remove the Infested designation unless the inspector determines 

that the original inspector erred in the original determination or the 

applicant requests infestation to be reviewed on the basis of a new 

probe sample.
FGIS Directive 9170.15 August 11, 2015

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(2) AMA

Applicants may request that appeal inspections be based on a new sample 

drawn from a lot of a commodity provided the following:

(a) Official personnel can positively identify the lot as the one that was 

originally inspected

(b) The entire lot is accessible for sampling

(c) The original inspection did not show that the commodity was 

contaminated by filth (other than insect fragments in nongraded 

commodities) and did not contain deleterious substances

Note: If a review of the sampling procedure reveals improper 

sampling, a new sample may be drawn for an appeal inspection of 

contamination by filth.

Retests and Board appeal inspections under the AMA are based on the 

official file sample.

d. Timeliness of Reques

(1) USGSA

An applicant may request a review service if the following timeliness 

requirements are satisfied. The timeliness requirements apply to all levels of 

review inspections

(a) The applicant must request a review inspection before the grain has left 

the specified service point where it was located when the original 

inspection was performed.

(b) The applicant must request a review inspection no later than the close 

of business on the second business day after date of the previous level 

of inspection

(c) The applicant must request a review inspection before the identity of the 

grain is lost
FGIS Directive 9170.15 August 11, 2015

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(2) AMA

The following timeliness requirements for review inspections under AMA apply 

to rice only

(a) The applicant must request the appeal inspection or Board appeal 

inspection before the rice has left the place where the inspection being 

appealed was performed

(b) The applicant must request the appeal inspection or Board appeal 

inspection no later than the close of business on the second business 

day following the date of the inspection being appealed

e. Waiving Timeliness Requiremen

If a file sample is available, the Field Office or Official Agency Manager may, at his 

or her discretion, waive the timeliness requirements for review inspections if certain 

criteria are met. Waiver requests should be granted when doing so supports

the mission of FGIS to facilitate the marketing of grain and other agricultural 

commodities. The official service provider must keep a record of all waiver 

requests with the review inspection record

(1) USGSA

(a) Requirement (a) from the previous section may be waived upon written 

consent of all interested persons

(b) Requirements (b) may be waived at the request of the applicant or other 

interested persons or upon satisfactory showing by an interested person 

of evidence of fraud or that because of distance or other good cause, the 

time allowed for filing was not sufficient.

Note: To prevent deceptive practices, FGIS has implemented a 

policy of dismissing review inspections after three days when 

a carrier has not been shipped, unless the applicant can show 

evidence supporting a justifiable delay in requesting the review 

inspection. However, FGIS will provide a new original inspection 

based on a new sample after five business days from the last 

official inspection upon request.

(c) Requirement (c) may be waived at the request of the applicant or other 

interested persons

(2) AMA

The timeliness requirements for rice appeal inspections and Board appeal 

inspections shall be waived if agreed upon by all interested persons
FGIS Directive 9170.15 August 11, 2015

Page 10

f. Limitations on Reques

A request for a review inspection is limited to the kind and scope of the original 

request

(1) Kind

The review inspection must be conducted in the same manner as the original 

inspection. For lots consisting of multiple carriers, official personnel shall 

conduct the review inspection using the following procedures:

(a) Composite Lot

Official personnel shall analyze the official file sample composed of grain 

from all carriers sampled. One analysis shall be performed for each

level of review inspection

(b) Average Composite Lot

Official personnel shall analyze each official file sample for every carrier 

that makes up the lot being reviewed and average the results in the 

same manner as the original inspection

(2) Scope

A review inspection is limited to the same factors that were inspected in the 

original service. An applicant cannot request that new factors be inspected

as part of a review inspection. Additionally, regardless of the applicant’s

requested factors, all factors from the original inspection are subject to review.

An applicant may, however, make separate review inspection requests for 

official grade factors or official criteria.

8. PERFORMING REVIEW INSPECTIONS

The following procedures represent best practices for performing review inspections

a. Review the application for review inspectio.  Determine which factor(s) t

applicant has requested to be reviewed. If the request is outside the scope of the

original inspection (i.e., different factors are requested), dismiss the application and 

contact the applicant

b. Locate the file sample(s) for the lot or unused backup grain for the sublot that is 

to be reviewed. Many official criteria analyses (e.g., mycotoxins) require that 

official personnel save an additional file sample.

c. The inspector or technician who made the original grade or official criteria 

determination must not participate in the review inspection
FGIS Directive 9170.15 August 11, 2015

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Exception: An additional inspector may not always be available when 

providing service at remote locations. In such cases, inform the applicant of 

this fact and proceed with the review with the original inspector if requested.

d. Use different equipment, including test kits and machines, than what was used for 

the original inspection.

Exception: Additional equipment may not be available at all locations. 

Inform the applicant if this is the case and inquire as to whether performing 

the analysis at a nearby location would be preferable to using the same 

equipment, if possible.

e. Analyze the sample for odor and conditi

f. Analyze the requested factor(s) using official procedures found in the relevant 

Directives and Handbooks. Perform all analyses using the same methods that

were used for the original inspection. For example, if the original sample was

performed on the basis of an average composite, the review inspection must also 

analyze all samples individually and then average the results

g. Review the results of the previous inspectio.  If the original results do not appe

to be correct for any other factors, analyze those along with the requested 

factor(s).

Note: The inspector who performs the review inspection certifies the results 

for all grade factors, not just those that the applicant requests.

h. Save all portions from all analyses in clearly marked bags or coin envelope

Label them with the factor, portion size, and your initials. Keep these with the file 

sample for future review inspections

i. When performing official criteria review analyses that change the composition of 

the file sample, save enough file sample for all possible future review inspections.

j. Record all results on Form FGIS-918, “Sample Pan Ticket,” or other similar for

for later certification.

k. Ensure that all factors affected by the review inspection are recorded properly. For 

example, if the review inspection of wheat gives a new result for foreign material, 

the total defects will need to reflect this new result.

l. If the applicant requests further levels of review, send the file sample and all 

separations to the Field Office for an appeal inspection or BAR for a Board appeal 

inspection immediately. Make sure the sample is clearly marked for appeal

inspection or Board appeal inspection
FGIS Directive 9170.15 August 11, 2015

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9. CERTIFICATION

Certify all results according to the instructions in Grain Inspection Handbook IV - Forms 

and Certificates. Review inspection results supersede the results of all previous levels

of inspection. After preparing the certificate for the review inspection, void the certificate 

for the previous level of inspection

Include the following statements in the “Remarks” section of review inspection 

certificates when relevant.

a. Superseding Statements  Include these statements on all certificates for revie

inspections:

“The results of this inspection service supersede (original/reinspection/appeal) 

results of (date).

“This certificate supersedes certificate No. (number), dated (date).

b. Certificate not Surrendere.  If the previous original, reinspection, or appe

inspection certificate has been issued, include the following statement:

“The superseded certificate has not been surrendered.”

c. File Sample  If the review inspection was performed using the file sample, includ

the following statement:

“Results based on official file sample.”

d. Combining levels of Inspection  If grade and/or factor and official criteria result

are based on different levels of inspection, include the following statement:

“(Grade/Factor/Official criteria) results based on official file sample. All other 

results are those of (original/reinspection/appeal) service.

Note: A factor-only review inspection is only applicable to a factor-only 

original inspection. When reviewing an official grade result, all factors are 

subject to review and the statement must state “Grade results based on 

official file sample...”

e. Condition Review Inspection Based on New Probe Sampl.  If a review inspecti

for condition factors (i.e., infestation, heating, odor) is based on a new prob

sample, include the following statement:

“The factor(s) (condition) based on probe sample obtained (date of sampling).

Based on examination of the probe sample, the grain (was/was not) (infested/sour/

etc.) as defined in the standards.”
FGIS Directive 9170.15 August 11, 2015

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10. QUESTIONS

Direct any questions concerning this directive to the local Field Office, the Board of 

Appeals and Review at (816) 891-0421, or Field Management Division at (202) 720-

0228
FGIS Directive 9170.15 August 11, 2015

Page 14

Questions and Answers

Question: What if the applicant requests a Board appeal inspection before an 

 appeal inspection has been performed?

Answer: The regulations require that a Board appeal inspection only be 

performed after an appeal inspection has been performed. If the

applicant is only concerned with the Board appeal inspection results, 

analyze a factor that will not require changing the composition of the 

sample (e.g., moisture), check all previous results for accuracy, an

certify the results on an appeal inspection certificate before sending the 

sample to the BAR

Question: Can an applicant request different factors to be reviewed at different 

 levels of inspection?

Answer: Yes, as long as the factors were determined on the original inspection.

For example: an applicant requests a reinspection for moisture for 

a sample of corn. After receiving the result of the reinspection, the

applicant may then request an appeal inspection for test weight on that 

same sample. Because both factors were analyzed during the original

inspection, the different requests do not constitute a change in scope. 

Keep in mind that requests for grade and/or factors and requests for 

official criteria may be handled separately, so the applicant may request 

a reinspection for moisture and then a reinspection for aflatoxin at a later 

time

Question: What if there is no unworked file sample available to use for a review 

 inspection?

Answer: Inform the applicant that there is no unworked file sample and that all 

levels of review inspection will be based on a review of a previous 

level of inspection. If the inspector did not make a material error in

the previous determination, the results will carry forward to the review 

inspection

Question: Can an applicant request a review inspection on a sublot of an average 

 quality ship or unit train?

Answer: A review inspection is only allowed if the grain does not meet the class 

requirements for the declared class. If they desire, applicants may

remove sublots from the lot or request a review inspection of the entire 

lot after completion
FGIS Directive 9170.15 August 11, 2015

Page 15

Question: Can the special grade Infested be added or removed as a result of a 

review inspection based on the official file sample?

Answer: If there is a sufficient amount of insects in the file sample, grade the 

sample as Infested during a review inspection. However, for land

carriers and barges sampled during continuous loading, the special 

grade Infested may only be removed on the basis of a new probe 

sample, unless the inspector determines that the Infested designation 

was a result of a material error

Question: What options does an applicant have if a lot is not eligible for review 

 inspection?

Answer: Under the USGSA, an applicant may request a new original inspection 

if the sample identity has been lost, five business days have passed 

since the last level of inspection, or the lot has been moved outside of 

the assigned area of the original inspection agency. Under the AMA, an

applicant may request a new original inspection based on a new sample 

as long as the lot was not found to be contaminated with filth (other 

than insect fragments in nongraded commodities). Certificates for new 

original inspections do not supersede previous inspections