United States Department of Agriculture

Agricultural Marketing Service

Federal Grain Inspection Service

Directive 9180.35 November 30, 2018

Distribution: FGIS, OSP, 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.

PHYTOSANITARY INSPECTION

Contents

PHYTOSANITARY INSPECTION �����������������������������������������������������������������������������������������1

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

2. REPLACEMENT HIGHLIGHTS��������������������������������������������������������������������������������������������

3. BACKGROUND��������������������������������������������������������������������������������������������������������������������

4. POLICY ��������������������������������������������������������������������������������������������������������������������������������

5. RESPONSIBILITIES�������������������������������������������������������������������������������������������������������������

6. DEFINITIONS�����������������������������������������������������������������������������������������������������������������������

7. LOT ACCESSIBILITY REQUIREMENTS�����������������������������������������������������������������������������

8. SAMPLING DEVICES����������������������������������������������������������������������������������������������������������

9. LOT SIZE������������������������������������������������������������������������������������������������������������������������������

10. PROCESSED COMMODITY SAMPLING RATES �������������������������������������������������������������

11. WHOLE GRAIN AND GRADED COMMODITY SAMPLING RATE ������������������������������������

12. SAMPLING PROCEDURE�������������������������������������������������������������������������������������������������

13. EXAMINING SAMPLE PORTIONS FOR PHYTOSANITARY CONDITIONS���������������������

14. SUGGESTED WAYS TO EXAMINE PROCESSED COMMODITY SAMPLES����������������1

15. WHEN PHYTOSANITARY CONDITIONS ARE FOUND��������������������������������������������������1

16. FUMIGATION OF INFESTED GRAIN OR COMMODITIES��������������������������������������������� 1

17. DOCUMENTATION ��������������������������������������������������������������������������������������������������������� 1

18. QUESTIONS �������������������������������������������������������������������������������������������������������������������1

Attachment 1: GIPSA/APHIS MOU ���������������������������������������������������������������������������������������14

Attachment 2: FGIS 921-2 Example��������������������������������������������������������������������������������������21

Attachment 3: FGIS 921-2 Example��������������������������������������������������������������������������������������22

Attachment 4: FGIS 921-2 Example��������������������������������������������������������������������������������������23
FGIS Directive 9180.35 November 30, 2018

Page 2

1. PURPOSE

This directive establishes procedures for inspecting grain under the United States Grain 

Standards Act (USGSA) and certain graded commodities and processed grain products 

under the Agricultural Marketing Act, of 1946 (AMA), as amended, for the purpose of 

phytosanitary certification by the Animal and Plant Health Inspection Service (APHIS), 

Plant Protection and Quarantine (PPQ)

2. REPLACEMENT HIGHLIGHTS

a. This directive supersedes the following instructions

(1) FGIS Directive 9180-35, Phytosanitary Inspection, dated March 16, 2015;

b. This Directive is revised to

(1) Note that a probe-sample is now acceptable for rice barges when performing

a phytosanitary inspection

3. BACKGROUND

Since 1916, when official standards for grain were established, official inspection 

personnel have been required to identify the various species of weevils and other 

insects injurious to stored grain. APHIS’ PPQ program has a similar responsibility and

inspects domestic plants and plant products intended for export and certify that those 

plants and plant products are free from regulated plant pests in accordance with the 

phytosanitary requirements of the importing country

In 1981, because of the similarities in phytosanitary inspection responsibilities, FGIS 

and APHIS/PPQ established a Memorandum of Understanding (MOU) (attachment)

Under this MOU, FGIS assisted interested parties in obtaining phytosanitary 

inspection services on grain at export port locations in the United States and Canada 

by performing phytosanitary inspections for APHIS/PPQ on samples drawn by FGIS 

inspection personnel. APHIS/PPQ issues a phytosanitary certificate based on FGIS 

inspection results as recorded on Form FGIS 921-2, “Inspection Report - Insects in 

Grain.

In 2005, APHIS and FGIS agreed to expand the scope of this MOU to include export 

grain shipped by land carriers (e.g., containers, trucks, railcars) from interior locatio

In July 2007, FGIS and APHIS revised the MOU to further expand FGIS’s authority to 

include inspection of processed grain products, administratively assigned to FGIS under 

the authority of the AMA, for the purpose of phytosanitary certification by APHIS/PPQ. 

The revised MOU allows APHIS to use FGIS’s skilled workforce, when needed, to help 

expedite its phytosanitary certification program.
FGIS Directive 9180.35 November 30, 2018

Page 3

On September 1, 2007, APHIS eliminated use of its processed product certificate and 

began requiring exporters to obtain phytosanitary inspection certificates on processed 

grain products on the basis of official sampling and inspection by either FGIS or APHIS 

personnel. FGIS, in turn, established cooperative agreements with its Official Service 

Providers (i.e., designated agencies) to provide timely, local official sampling and 

inspection of processed grain products under the authority of the AMA, for phytosanitary 

certification at the many facilities that load processed grain products.

4. POLICY

Phytosanitary inspection service is not available for Official Commercial Inspection 

Service (i.e., applicant modified sampling and inspection procedures) or on the basis of 

a submitted sample service (i.e., sample given by the applicant to official personnel for 

inspection). However, service is acceptable on the basis of ‘Type’ sample (see Section

6, Definitions).

a. When Inspection Service is availabl

Phytosanitary inspection is only available upon request of an applicant, and is:

(1) Based on lots sampled by FGIS or Official Service Providers (OSP). 

However, OSPs must receive authorization from FGIS to provide this service 

for commodities through an AMA Cooperative Agreement

(2) Provided as an independent service or as part of a request for official 

sampling or official grading services or chemical analysis of processed 

commodity for quality

(3) Based on a representative sample obtained using approved procedures and 

an approved sampling device

b. Probe Sampling Restrictio

(1) Dense processed products such as soybean meal and distiller’s dried grain 

(DDG) cannot be adequately sampled using a probe. Therefore, those types

of products are unsuitable for probe-sampling by hand and can only be 

sampled using an online sampling device (e.g., ladle, pelican, Diverter-typ

mechanical sampler (D/T), Ellis Cup, etc.

(2) Do not probe-sample a carrier (e.g., barge, container, or railcar) unless th

probe can reach the bottom of the carrier. “Bottom not sampled” (BNS) or any

other partial inspection is unacceptable; the entire lot must be accessible for 

sampling, this includes the commodity at the bottom of the carrier

Note: This policy does not apply to rice barges. An official probe-sample 

is acceptable for all rice barges when performing a phytosanitary 

inspection. Follow the procedures outlined in the FGIS Rice Inspection 

Handbook.
FGIS Directive 9180.35 November 30, 2018

Page 4

c. Carrier Stowage Examination Requiremen

Carrier stowage examinations are not required for phytosanitary-only inspection 

services. However, stowage examinations are required when phytosanitary

inspection service is performed in conjunction with official inspection and 

weighing services. When this situation occurs and a stowage examination was

not performed, the certificate must clearly note that the stowage area was not 

examined. This policy applies to both grain certificates and commodity inspection 

certificates.

d. File Sample Retentio

File samples of the commodity are not required for phytosanitary-only inspection 

service. However, official personnel must keep unidentified insects, for APHIS/PPQ 

to identify

5. RESPONSIBILITIES

a. Applicant for Service must

(1) Request the phytosanitary inspection service

(2) Provide official inspection personnel with adequate onsite work space. Space 

is adequate if it meets the location and safety requirements specified by 

official personnel.

(3) Make each lot for inspection fully accessible and safe for obtaining a 

representative sample

(4) Provide official inspection personnel with any additional phytosanitary 

inspection requirements (e.g., analysis for a specific prohibited weed seed) 

before the performance of the inspection service

(5) Request the appropriate certificate (i.e., grain or commodity certificate) 

certifying the phytosanitary-only inspection service. Otherwise official 

personnel will not issue a certificate.

b. APHIS/PP

Refer to Article V of the attached MOU for APHIS/PPQ responsibility

c. Official Inspection Personne

(1) Official Personnel must work with applicants to evaluate the shipping systems 

to determine the best sampling sites and method to safely obtain a 

representative sample of approximately 2,500-3,000 grams (depending on the 

density of the product)
FGIS Directive 9180.35 November 30, 2018

Page 5

(2) Sample and examine grain and commodities for live insects, larvae, and other 

pests prohibited by the country of destination

(3) Complete form FGIS-921-2, “Inspection Report-Insects in Grain,” and forward 

it to the shipper or to the APHIS/PPQ certification office designated by the 

shipper

Refer to Article VI of the attached MOU for additional responsibilities of official 

inspection personnel

6. DEFINITIONS

a. Processed Commodit

Products derived from grain whereby the natural physical characteristics of the 

whole grain has been changed mechanically, chemically, or both

Examples of processed commodities are:

(1) soybean meal

(2) distillers dried grain

(3) corn gluten feed pellets

b. Graded Commodit

Products for which FGIS has established U.S. Standards under the AMA an

commodities without standards that are tested at field locations for specific 

physical factors using approved equipment and an inspector’s interpretation of 

visual conditions

(1) Examples of products with established standards include beans, peas, lentils, 

and rice

(2) Examples of products that do not have standards but are considered as 

graded commodities include rapeseed, buckwheat, millet, popcorn, mustard 

seed, and safflower seed.

c. Representative Samp

A representative sample is a sample obtained using FGIS approved sampling 

procedures. FGIS instructions describe systematic procedures for taking samples

from stationary lots and from lots during loading
FGIS Directive 9180.35 November 30, 2018

Page 6

d. Online and Stationary-Lot Samplin

(1) Online sampling is the process of sampling a lot as the lot is being produced 

or as it is being loaded into a carrier

(2) Stationary-lot sampling is the process of sampling a finished lot when the 

entire lot is in a stationary place (e.g., railcar, warehouse floor, etc.) or already 

loaded into a carrier

e. Type Sampl

“Type” samples are samples of a raw or processed product (not officially sampled) 

obtained by a shipper and sent to prospective buyers to demonstrate product 

quality or analyze for conformance to a prospective buyer’s standards. The

quantity is identified as the entire lot and the 921-2 is issued accordingly.

Example: a 5 pound bag of dried distiller grains represents itself, a 5 pounds of 

dried distiller grains

7. LOT ACCESSIBILITY REQUIREMENTS

The applicant must make the lot accessible by placing it in such a manner as to permit 

safe and proper sampling. If the entire lot is not accessible or the applicant does not

provide a safe area to sample, official personnel must not perform the requested 

inspection, unless the situation is corrected

a. If bulk or sacked commodity is offered for inspection at rest in a carrier and is

loaded in such a manner that it is only possible to obtain a door-probe, shallowprobe, door-sack-probe, or surface-sack-probe sample(s) of the lot, then the carrier 

is considered inaccessible for inspection

b. If inspection personnel cannot obtain a probe-sample from the bottom of th

carrier (e.g., barge, container, or railcar) then the lot is considered inaccessible fo

sampling

Note: The exception would be for rice barges as noted in section 4b.

c. If hazardous conditions exist that could endanger the health of official personnel, 

then consider the lot inaccessible for sampling

Procedures for using the various sampling devices are outlined in the sampling chapter 

of the appropriate handbook (e.g., Grain Inspection Handbook, Processed Commodit

Handbook, Rice, Bean, Pea, or Lentil Handbook), and Mechanical Sampling Systems 

Handbook
FGIS Directive 9180.35 November 30, 2018

Page 7

8. SAMPLING DEVICES

a. The D/T mechanical sampler is the preferred sampling device, but any FGIS

approved sampling device may be used to obtain a representative sample. Refer

to FGIS’s Equipment Handbook for a list of approved sampling devices

b. Sampling devices such as mechanical truck probes and D/T mechanical sampler

may be used for phytosanitary-only inspection without having been “officially 

approved” for official service, provided they are:

(1) Of the FGIS approved model and type

(2) Operated according to FGIS sampling procedures (e.g., FGIS specified 

probe sample pattern, D/T timer settings, minimum sample size, etc.) and

manufacturer’s specifications.

c. Examples of sampling devices that may be used

(1) D/T Mechanical Samplers

For sampling lots while the grain or commodity is moving on a conveyor belt

The diverter takes a periodic cut from the grain or commodity stream. The

composite of the diverter cuts is the representative sample for the lot

(2) Compartmented Probe (Trier)

Used for sampling bulk stationary lots (e.g., truck-lots, railcar lots, and bargelots) of grain, rice, and certain commodities. It is available in various lengt

for sampling the various types of carriers

(3) Tapered Bag Trier

Used for sampling closed bags of commodities

(4) Polyethylene or Stainless Steel 4-oz Ladle or Similar Type Utensil

Used for obtaining sample portions from a commodity stream moving on a 

conveyor belt; a falling stream, or an open bag

(5) Ellis Cup Sampler

Used for obtaining a sample from a grain or commodity stream moving on a 

conveyor belt

(6) Pelican Sampler

Used for obtaining sample portion from a grain or commodity stream falling 

from a loading spout
FGIS Directive 9180.35 November 30, 2018

Page 8

9. LOT SIZE

a. Processed Commodit

(1) The maximum size for a processed commodity lot is 500,000 lbs

(2) If a lot exceeds the maximum lot size, then divide the lot into smaller lots, not 

to exceed the maximum lot size. For example consider the entire shipment of

a ship-lot or barge-lot as a lot; however, subdivide the lot into sublots not to 

exceed 500,000 lbs per sublot

b. Graded Commoditie

Refer to the sampling chapter of the appropriate handbook

c. Whole Grain

Refer to the Grain Inspection Handbook

10. PROCESSED COMMODITY SAMPLING RATES

The following table shows the number of processed grain product samples or the 

time intervals to use for obtaining sample portions to composite with other portions to 

represent the lot

Examine each sample portion for phytosanitary conditions. For example, a lot of 45,000

pounds or less draw and examine no less than 12 sample portions

SAMPLE RATES

LOT OR SUBLOT SIZE IN POUNDS NUMBER OF SAMPLES PORTIONS OR TIME 

INTERVALS PER LOT OR SUBLOT

45,000 or less 12

45,001 - 180,000 20

180,001 - 500,000 35

11. WHOLE GRAIN AND GRADED COMMODITY SAMPLING RATE

Refer to the sampling chapter of the appropriate handbook, for whole grain and graded 

commodity sample portions and procedures
FGIS Directive 9180.35 November 30, 2018

Page 9

12. SAMPLING PROCEDURE

Refer to the sampling chapter of the appropriate handbook for approved grain and 

commodity specific sampling procedures (e.g., Grain Inspection Handbook, Processed 

Commodity Handbook, Rice Inspection Handbook or the Bean, Pea, and Lentil 

Handbooks)

a. Online Sampling Bulk Commodit

(1) Determine the time periods (in minutes) to use for obtaining sample portions 

as follows:

(a) Determine the lot size and sample rate (see table above)

(b) Obtain the estimated loading time in minutes

(c) Divide the estimated loading time by the number of time intervals. This

gives the duration of each period in minutes. Take a sample portion

during each time period and examine for phytosanitary conditions. For

example:

Weight of commodity to be loaded in hopper car = 100,000 lbs

Estimated loading time = 240 minutes

Number of time intervals = 20 (see table above)

240 ÷ 20 = 12-minute periods

(2) Cut the running commodity stream at least once, at random, during each of 

the 20, 12 consecutive minute periods, using the appropriate sampling device 

to provide 20 sample portions

13. EXAMINING SAMPLE PORTIONS FOR PHYTOSANITARY CONDITIONS

a. Railcars and Container

Examine the entire representative sample of approximately 2,500-3,000 grams for 

live insects and any other requested phytosanitary condition (e.g., prohibited wee

seeds). When an approved divider is available it may be used to cut the sample

down to a smaller portion (e.g., minimum 1,000 grams) for inspecti

b. Ship and Barge

Examine for live insects a representative portion at a minimum rate of 500 grams 

per 2,000 bushels of product loaded. Also examine the sample portion for any

other requested phytosanitary condition (e.g., prohibited weed seed
FGIS Directive 9180.35 November 30, 2018

Page 10

14. SUGGESTED WAYS TO EXAMINE PROCESSED COMMODITY SAMPLES

a. Sieve the sample if possible. If unable to sieve the sample, pour a small portio

(e.g.,100 -200 grams) at a time on a flat surface such as a table, a sieve bottom 

pan or similar pan, and spread the product around in the pan while examining it 

(in a well-lighted and if possible a warm environment to detect live insects) for 

phytosanitary conditions. Repeat this process until the entire sample is examine

b. A U.S. #20 and U.S. #30 size sieve can be used to examine flour and similar 

commodities. Place the commodity on the screen and sift into the catch pan. Siz

U.S. #30 is sufficient to catch most common type storage insects.

c. The grain dockage sieve is useful in the examination of some commodities. Plac

a portion of the sample on the screen and sieve the finer particles out. Insects and 

small seeds, such as weed seeds, will pass into the catch pan

d. Methods other than those suggested above may be used provided the method

allows for the examination of the entire sample for phytosanitary conditions

15. WHEN PHYTOSANITARY CONDITIONS ARE FOUND

Count, identify, and report live insects and any other phytosanitary conditions (e.g.

prohibited weed seeds) found in the sample. Determine infestation using the following

guideline:

a. Whole Grains and Graded Commoditie

Use the infested criteria as found in the appropriate U.S. Standards for whol

grains and graded commodities (i.e., beans, peas, lentils, and ric

b. Processed Grain Product

Use the same infested criteria as found in U.S. Standards for the grain from whic

the processed grain product is made. For example

(1) For soybean meal use the “infested” criteria found in the U.S. Standards fo

Soybeans; and

(2) For corn products such as corn gluten meal use the “infested” criteria as 

found in the U.S. Standards for Co

Some processed grain products are made from a mixture of several grains or 

it may be difficult to determine the grain that the product is made from. When 

either situation exists use the infested criteria of the grain that has the most 

strenuous infested criteria
FGIS Directive 9180.35 November 30, 2018

Page 11

(3) Alert the shipper when insects are found. The applicant for service or official

personnel may need to consult with the local APHIS/PPQ office to determine

which insects are prohibited by the destination country or to acquire

assistance with insect identification. Official personnel must keep unidentified

insects in case APHIS/PPQ must make the final determination.

(4) For assistance with identifying insects, use the following link to view the

Stored-Grain Insects Reference (USDA, Agriculture Research Service,

Stored-Grain Insects, Agriculture Handbook Number 500)

(5) If unable to positively identify, when requested, prohibited weed seeds,

contact the local APHIS/PPQ office for assistance.
FGIS Directive 9180.35 November 30, 2018

Page 12

(4) Complete the “Fumigation Information” section according to the following 

guidelines for vessels, lash barges, land carriers, and river barges

(a) In-Transit Fumigation – if the fumigation is performed according to official 

procedures the fumigation information will be placed on the FGIS 921-2

(b) Stationary Fumigation – if official personnel are present to witness the 

fumigation, the fumigation information will be placed on the FGIS 921-2

(c) If official personnel are present to witness the fumigation, even if not 

done according to official procedures, the fumigation information will be 

placed on the FGIS 921-2

(d) If official personnel are not present to witness the fumigation, the 

fumigation information should only be put on the FGIS 921-2 if official 

fumigation procedures are followed, i.e. the fumigator provides th

required documentation

Note: The “Treatment” box should always be left blank per FGIS 

921-2 instructions.

(5) Completing 921-2 for Type Sample

(a) Sublot Number/Carrier ID – enter the Sample ID

(b) Quantity – enter total weight (grams/pounds) of type sample

Upon request, the applicant may receive from official personnel a 

completed form FGIS-921-2 before a booking is completed. Containers

in a booking are sometimes shipped before all the containers of a 

particular booking are completed and the applicant must have a 

phytosanitary certificate to accompany the shipment.

b. Correcting Information on the Form FGIS 921-

(1) Once the form FGIS 921-2 is released to APHIS/PPQ or the shipper, as 

designated by the applicant for service, official personnel must not make any 

destination changes. If the shipper decides to change the destination after

the form is released, then it is their responsibility to contact the APHIS/PPQ 

certification office and inform them of the change.

(2) If a handwritten or hand-typed form FGIS 921-2 contains incorrect information

and official personnel are certain that they are responsible for the incorrect 

information then they may correct the information by drawing a single line 

through the incorrect information, initialing it, and then entering the correct 

information. Place in the remarks “Corrected as to (e.g., ID of Containe

(3) Make corrections to computer generated form FGIS- 921-2 by re-issuing the 

form with the correct information. Place in the remarks “Corrected as to (e.g

ID of Container).
FGIS Directive 9180.35 November 30, 2018

Page 13

c. Issuing Certificate

Upon request of the applicant for service, issue a grain or commodity certificate 

for phytosanitary-only inspection service and place in the remarks section of the 

certificate “Phytosanitary-only Inspection.”

Include in the “Identification” or “Remarks” section of the certificate, as applicable, 

the identification of carriers making up the lot.

Note: If a certificate is requested for a processed or graded commodity Type 

sample, issue an AMA submitted sample certificate and identify the sample 

as a “Type” sample in the Remarks section. For grains, issue a USGSA 

submitted sample certificate and identify the sample as a “Type” sample in 

the Remarks section.

d. Shipper’s Responsibility for Documentatio

Shippers have the option of:

(1) Providing instructions to OSPs for forwarding (fax, email, or mail) 

documentation (e.g., form FGIS 921-2) to the office issuing the phytosanitary 

inspection certificate, or

(2) Sending a copy of the original form FGIS 921-2 directly to the certifying office 

in lieu of having the OSP send the documents

18. QUESTIONS

Contact the Policies, Procedures, and Market Analysis Branch at 202-720-0228, 

if you have any questions regarding the eligibility of a processed grain product for 

phytosanitary certification or any question related to inspecting product for phytosanitary 

certification.

Attachments
FGIS Directive 9180.35

13-8100-1064-MU

November 30, 2018

Page 14

Attachment 1

MEMORANDUM OF UNDERSTANDING (MOU) 

BETWEEN THE 

GRAIN INSPECTION PACKERS AND STOCKYARDS ADMINISTRATION 

(GIPSA) 

AND THE 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) 

PLANT PROTECTION AND QUARANTINE (PPQ)

ARTICLE I — PURPOSE

GIPSA and APHIS have certain related objectives in the discharge of their 

responsibilities associated with export shipments of U�S� grain and related products 

from U�S� and Canadian ports� This document updates the MOU signed August 1, 2007, 

which in turn revised an Agreement dated November 5, 1981, between the Federal 

Grain Inspection Service (FGIS), which is now part of GIPSA, and APHIS-PPQ� The 

original agreement was intended to improve GIPSA/APHIS collaboration, and in turn, 

the efficiency of phytosanitary certification of U.S. grain exports. This document updates 

the original agreement by providing updated procedures and responsibilities for the 

phytosanitary inspection and certification of export grain and related products.

ARTICLE II - BACKGROUND

The United States is a signatory to the International Plant Protection Convention 

(IPPC) of the Food and Agriculture Organization (FAO)� The IPPC develops and adopts 

International Standards for Phytosanitary Measures (ISPMs) by which an importing 

country may require a phytosanitary certificate (PC) for certain agricultural products. 

Under the IPPC, the National Plant Protection Organization (NPPO) of the exporting 

country is responsible for establishing and maintaining a national export certification 

system to produce valid and credible PCs�

APHIS/PPQ is delegated the responsibility under Section 108 of the U�S� Department 

of Agriculture’s Plant Protection Act (PPA) of 2000 to inspect plants and plant products 

offered for export and to certify to the NPPO of the importing country that such products 

are free of plant pests in accordance with its phytosanitary requirements�

GIPSA provides quality inspections of grains, rice, pulses, legumes and related 

products, and processed by-products under the U�S� Grain Standards Act (USGSA) and 

Agricultural Marketing Act (AMA), and in doing so, provides APHIS with the pest status 

of consignments� APHIS uses this information to issue a PC for these commodities�

(The term grain shall mean all products for which GIPSA is responsible for under the 

USGSA and AMA�) GIPSA carries out its inspection responsibilities through Federal and 

licensed non-Federal personnel� For the purposes of this document, the term GIPSA will 

be used to refer to GIPSA or its official inspection personnel.
FGIS Directive 9180.35

13-8100-1064-MU

November 30, 2018

Page 15

ARTICLE III - AUTHORITIES

• Title 7, Section 79 of the USGSA and Sections 1622 and 1624 of the AMA, for

official inspection personnel employed by the Secretary, or other persons under 

contract with the Secretary, to officially inspect, certify, and identify the class, quality, 

quantity, and condition of grain and agricultural products when shipped or received in 

interstate commerce

• Section 418 (Certification for Exports), Public Law 106-224, of the PPA to inspect 

plants and plant products offered for export and to certify to the NPPO of the 

importing country that such products are free of plant pests in accordance with the 

phytosanitary requirements of foreign countries; and

• Section 431(a) (Cooperation), Public Law 106-224, of the PPA to cooperate with other 

Federal agencies, the government of foreign countries, international organizations or 

associations, States and their political subdivisions, farmer’s associations and similar 

organizations, and other persons to detect, eradicate, suppress, control, and prevent 

or retard the spread of plant pests and diseases

ARTICLE IV- MUTUAL RESPONSIBILITIES & UNDERSTANDING 

It is mutually understood and agreed to/that:

A. API-IIS/PPQ and GIPSA will maintain a working relationship with each othe

ensuring mutual cooperation and understanding in executing this MOU

B. GIPSA will charge a fee to the applicant for services related to phytosanitar

inspection as warranted

ARTICLE V - APHIS RESPONSIBILITIES

A. APHIS/PPQ will specify the specific grains GIPSA can inspect for phytosanitary

purposes

B. PPQ wil

1. Provide technical pest identification training for at least two supervisors from 

each GIPSA location responsible for activities under this MOU;

2. Periodically monitor the accuracy of pest identification performed by GIPSA;

3. Identify all live insects, larvae, and other pests which cannot be identified by 

GIPSA; and

4. Provide vials, envelopes, etc., required for the submission of specim
FGIS Directive 9180.35

13-8100-1064-MU

November 30, 2018

Page 16

C. PPQ will be the primary contact point for applicants requesting phytosanita

certification and will provide all necessary information to enable applicants to 

obtain phytosanitary certification.

D. PPQ will not, except under special circumstances (e.g., analysis for p

pathogens, etc.)

1. Inspect grain at elevators or on waterborne carriers where GIPSA is present

or

2. Request official sublot or composite samples of grain.

E. PPQ may ask GIPSA to furnish official samples, copies of inspection logs, official 

grain inspection certificates, or other inspection information (Inspection Report - 

Insects in Grain, Form FGIS 921-2) for review and will:

1. Issue a PC; 

2. Inform the exporter or their agent of circumstances that prevent the issuanc

of a PC

PPQ will maintain the integrity of any official samples obtained from GIPSA and 

return such samples as soon as possible

ARTICLE VI - GIPSA Responsibilities

A. Genera

1. GIPSA shall accept applications from exporters for phytosanitary inspection

and perform the requested service. Exporters must provide GIPSA with the

importing country’s phytosanitary requirements

2. GIPSA shall, in accordance with prescribed GIPSA procedures, examin

officially drawn samples for live insects, larvae, and other pests prohibited by 

the country of destination

3. GIPSA will record on Form FGIS 921-2, “Inspection Report -Insects in Grain,

pertinent information about any detection of adult insects, larvae, or other 

pests

4. GIPSA will notify APHIS-PPQ of live insects or other pests that cannot b

accurately identified. Once APHIS-PPQ has been notified, the applicant shall 

arrange for transportation of the pests to APHIS-PPQ for identification.
FGIS Directive 9180.35

13-8100-1064-MU

November 30, 2018

Page 17

5. GIPSA shall preserve the identity of these pests until such time as the

are turned over to APHIS-PPQ. When submitting pests to APHIS-PPQ for

identification, the specimens shall be identified by:

a. Name of applican

b. Mode of transportation and identification of carrier;

c. Kind of grai

d. Date foun

e. Sublot number, if applicabl

f. Quantity of grain represented by the sample, subsample, componen

sample, or sublot sample;

g. Hold.number (s), if applicable; 

h. Country of destinati

6. Upon request of APHIS-PPQ, GIPSA may re-inspect grain for infestatio

after fumigation, in accordance with the established GIPSA procedures

7. Upon request of APHIS-PPQ, GIPSA shall witness the fumigation of grai

infested with insects prohibited by the country of destination. The fumigation

procedures shall be identical to the procedures outlined in the GIPSA 

Fumigation Handbook. For purposes of phytosanitary certification, the 

fumigation procedure shall be witnessed even if the grain is not considered 

“Infested” under the United States Grain Standards Act, or designated as 

“Sample Grade” due to insect infestation for products inspected under the 

Agricultural Marketing Act

8. When grain is infested with prohibited insects and the affected shiphold(s)

cannot be fumigated because:

a. The ship does not meet the requirements for on-board fumigation a

outlined in the GIPSA Fumigation Handbook, or

b. The receiving country will not accept grain which has been fumigat

GIPSA shall, upon request of APHIS-PPQ, witness the complete removal 

of the infested grain

9. GIPSA will issue FGIS 921-2 Form to reflect the phytosanitary condition of 

any lot infested with insects when the affected containerized shipment cannot 

be fumigated
FGIS Directive 9180.35

13-8100-1064-MU

November 30, 2018

Page 18

10. GIPSA will report to APHIS-PPQ any incidence of live or dead Trogoderma

granarium (khapra beetle)

11. Additional file samples for phytosanitary inspections are not required. Official 

file samples may be forwarded to APHIS-PPQ if needed. GIPSA shall 

maintain a record of all official file samples furnished to APHIS-PPQ.

12. Upon completion of inspection, GIPSA shall promptly provide the completed

Form FGIS 921-2, “Inspection Report-Insects in Grain” for the shipment 

directly to the applicant for service, or mail, fax, or electronically submit a 

completed copy of the Form FGIS 921-2, “Inspection Report- Insects in 

Grain” to the APHIS-PPQ office that will issue the PC. Upon request, a 

completed copy of Form FGIS 909 and/or Form FGIS 909-2, “Official Export 

Grain Inspection Certificate,” or Form FGIS 917, “Official Grain Inspection 

and Weighing Certificate,” or other approved official certificate shall also be 

submitted. To expedite the issuance of a PC by APHIS-PPQ, GIPSA may

electronically transmit their findings to the APHIS-PPQ office that will issue 

the phytosanitary inspection certificate.

B. Reporting procedures for U.S. grain in Canadian po

When a phytosanitary inspection is completed, regardless of whether it is 

performed in conjunction with an inspection for official grade, a completed copy of 

Form FGIS 921-2, “Inspection Report- Insects in Grain,” shall be promptly mailed, 

faxed, or electronically transmitted to the Duluth, Minnesota office of APHIS/PPQ:

USDA-APHIS-PPQ

5.15 West 1st Street, Rm. 226 Duluth, MN 558

Phone: 218-720-5282

Fax: 218-720-5281

ARTICLE VII -APPLICATION PROCEDURES

A. U.S. Grain in Canadian Ports: This section applies only to phytosanitary inspect

services on U.S. grain shipped through Canadian por

Applicants requesting phytosanitary inspection services should check the “other 

closely related services” block on Form GIPSA 907, “Application for Inspection and 

Weighing Services” and write “phytosanitary.” Exporters must provide GIPSA with

the importing countries phytosanitary requirements

Exporters or their agents must apply for phytosanitary inspection services with the 

APHIS-PPQ field office at the following address:

USDA-APHIS-PPQ

515 West 1st Street, Rm. 226 Duluth, MN 5580

Phone: 218-720-5282

Fax: 218-720-5281
FGIS Directive 9180.35

13-8100-1064-MU

November 30, 2018

Page 19

B. Export Grain at U.S. locations: Applicants requesting phytosanitary inspect

services for grain shipped from export ports and other domestic locations in the 

United States shall apply with the appropriate APHIS-PPQ office or GIPSA.

 ARTICLE VIII - STATEMENT OF NO FINANCIAL OBLIGATION

Signature of this MOU does not constitute a financial obligation on the part of APHIS 

or GIPSA. Each signatory party is to use and manage its own funds in carrying out the

purpose of this MOU. Transfers of funds or items of value are not authorized under this

MOU

ARTICLE IX - LIMITATIONS OF COMMITMENT

This MOU and any continuation thereof shall be contingent upon the availability of funds 

appropriated by the Congress of the United States, It is understood and agreed that any 

monies allocated for purposes covered by this MOU shall be expended in accordance 

with its terms and the manner prescribed by the fiscal regulations and/or administrative 

policies of the party making the funds available. If fiscal resources are to transfer, a 

separate agreement must be developed by the parties

ARTICLE X - CONGRESSIONAL RESTRICTION

Under §41 USC 22, no member of or delegate to Congress shall be admitted to any 

share or part of the MOU or to any benefit to arise there from.

ARTICLE XI - AMENDMENTS

This MOU may be amended at any time by mutual agreement of the parties in writing

ARTICLE XII - TERMINATION

This MOU may be terminated by either party with sixty (60) days written notice to the 

other party
FGIS Directive 9180.35

13-8100-1064-MU

November 30, 2018

Page 20

ARTICLE XIII- EFFECTIVE DATE AND DURATION

This MOU will be in effect upon date of final signature and will continue for 5 years.

Larry Mitchell, Administrator Date

U. S. DEPARTMENT OF AGRICULTUR

GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION

Osama El-Lissy, Associate Deputy Administrator Date

U. S. DEPARTMENT OF AGRICULTU

ANIMAL AND PLANT HEALTH INSPECTION SERVICE 

PLANT PROTECTION AND QUARANTINE

POLICY MANAGEMENT
FGIS Directive 9180.35 November 30, 2018

Page 21

Attachment 2
FGIS Directive 9180.35 November 30, 2018

Page 22

Attachment 3

Example **Containers with processed Products**
FGIS Directive 9180.35 November 30, 2018

Page 23

Attachment 4

Example **Containers with processed Products**