Agricultural Marketing Service, Specialty Crops Program, Specialty Crops Inspection Division 

PATCH # 066 

DOCUMENT: Pistachios In the Shell, Shipping Point and Market Inspection Instructions, 

February 2005 

REMARKS: 

Aflatoxin Sampling and Testing for Imported Raw and Blanched Pistachios 

For imported shelled and inshell pistachios under Section 8e, only raw and blanched pistachios 

are to be sampled and tested for aflatoxin. The Marketing Order and Agreement Division 

(MOAD) only monitors the aflatoxin sampling and testing of raw and blanched, shelled and 

inshell pistachios. The requirement applies to any importer who handles more than 5,000 pounds 

of dried pistachios between September 1 and August 31 of each year. The level of aflatoxin 

must not exceed 15 parts per billion in any lot. USDA or USDA-approved laboratories 

accredited by the AMS Science and Technology Program will test the aflatoxin levels for 

imported shelled and inshell raw and blanched pistachios and will send the results to MOAD in 

addition to the importer. 

While CFR §999.600, Regulation Governing the Importation of Pistachios, is silent on the types 

and styles of pistachios MOAD is required to monitor under Section 8e import requirements, the 

intent is for pistachio importers to be held to the same or similar standards for aflatoxin as the 

domestic pistachios produced under the Federal marketing order (7 CFR part 983) within the 

California, Arizona, and New Mexico production areas. MOAD has no authority to ensure 

aflatoxin testing is performed in another country prior to roasting or processing for imported 

pistachios. Imported processed pistachios are regulated by the Food and Drug Administration. 

If there are any questions or concerns, please contact MOAD’s Compliance and Enforcement 

Branch at ComplianceInfo@usda.gov, or 1-888-551-3523. 

This PATCH represents official guidance. This PATCH is scheduled to be incorporated into the 

document listed above. After incorporation into the document listed above this PATCH will 

become obsolete. USDA is an equal opportunity provider, employer, and lender. 

PATCH # 066 Aflatoxin Sampling for Imported Pistachios (April 28, 2021) 

SCI Division Inspection Series 

Page 1 of 1 
 

 

 

United States 

Department of 

Agriculture 

Agricultural 

Marketing 

Service 

Fruit and 

Vegetable 

Programs 

Fresh Products 

Branch 

February 2005 

Pistachios 

In the Shell 

Shipping Point and Market 

Inspection Instructions 

Shipping Point and Market 

Inspection Instructions for 

Pistachios in the Shell 

These inspection instructions are specifically developed and designed by the 

Fresh Products Branch to assist officially licensed inspectors in the interpretation and 

application of the U.S. Standards for Grades of Pistachio Nuts in the Shell, 

7 CFR - Section 51.2540. 

These instructions do not establish any substantial rule not legally authorized by 

the official grade standards. This publication supersedes any previously issued 

inspection instructions. 

Refer to General Inspection Instructions for additional information pertaining to 

date, inspection point, carrier, condition of carrier, lading, etc. not covered in these 

instructions. (Reference to "General Inspection Instructions" in all Fresh Products 

Branch publications refers to any one or all of the following - General Shipping Point 

Inspection Instructions, General Market Inspection Instructions, or Fresh Fruit and 

Vegetable Certificate Writing Handbooks.) 

February 2005 

This replaces Shipping Point and Market Inspection Instructions for Pistachios in The 

Shell previously June 1994. 

This publication may be duplicated without authorization from USDA. 

Table of Contents 

REPRESENTATIVE SAMPLING .................................................................................... 1 

SIZE OF SAMPLE ............................................................................................................ 1 

OFFICIAL SAMPLING ....................................................................................................... 1 

DETERMINING AND REPORTING PERCENTAGES AND DEFECTS ............................................ 2 

TOLERANCES AND APPLICATION OF TOLERANCES .............................................. 2 

NOTESHEETS AND CERTIFICATE ............................................................................... 4 

PRODUCTS .................................................................................................................... 4 

NUMBERS/TYPE OF CONTAINER ...................................................................................... 4 

BRANDINGS/MARKINGS................................................................................................... 4 

ORIGIN .......................................................................................................................... 5 

TEMPERATURE OF PRODUCT .................................................................................... 5 

CONDITION OF PACK ................................................................................................... 5 

INSPECTION SEQUENCE ............................................................................................. 5 

SIZE ................................................................................................................................ 6 

DETERMINING COUNT RANGE PER OUNCE ....................................................................... 6 

DETERMINING THE LARGE VERSUS SMALL RATIO .............................................................. 7 

REPORTING SIZE ............................................................................................................ 7 

QUALITY AND CONDITION ........................................................................................... 7 

ANALYSIS ...................................................................................................................... 8 

PARTICLES AND DUST ..................................................................................................... 8 

FOREIGN MATERIAL ........................................................................................................ 8 

SHELL PIECES ............................................................................................................... 8 

BLANKS ......................................................................................................................... 8 

LOOSE KERNELS ............................................................................................................ 9 

SHELL DEFECTS ........................................................................................................... 9 

CRINKLE SHELL.............................................................................................................. 9 

THREE PIECE SHELLS ..................................................................................................... 9 

NON-SPLIT SHELLS....................................................................................................... 10 

NOT SPLIT ON SUTURE ................................................................................................. 10 

ADHERING HULL MATERIAL ........................................................................................... 10 

STAINING ..................................................................................................................... 11 

OTHER MEANS ............................................................................................................. 11 

KERNEL DEFECTS ...................................................................................................... 12 

DRYNESS .................................................................................................................... 12 

MOLD .......................................................................................................................... 12 

IMMATURE KERNELS ..................................................................................................... 13 

KERNEL SPOTS ............................................................................................................ 13 

KERNEL DEFECTS CONSIDERED SERIOUS DAMAGE ......................................................... 13 

MINOR INSECT OR VERTEBRATE INJURY ......................................................................... 13 

i 
 

 

 

 

 

Revised, February 2013, HU-156-1(a) 

Page ii, Pistachios in the Shell, Shipping Point and 

Market Inspection Instructions, February 2005 

INSECT DAMAGE .......................................................................................................... 13 

RANCIDITY ................................................................................................................... 14 

DECAY ........................................................................................................................ 14 

APPENDIX I -- U. S. GRADE STANDARDS ................................................................ 15 

UNITED STATES STANDARDS FOR GRADES OF PISTACHIO NUTS IN THE SHELL .................. 15 

APPENDIX II -- SAMPLING OF PISTACHIO NUTS (IN-SHELL AND SHELLED) FOR 

AFLATOXIN ANALYSIS ............................................................................................... 21 

**** 

GENERAL .................................................................................................................... 21 

PURPOSE .................................................................................................................... 21 

SAMPLING ................................................................................................................... 21 

REQUIREMENTS FOR MANUAL SAMPLING PROCEDURES ............................................... 21 

REQUIREMENTS FOR IN-LINE AUTOMATIC SAMPLING DEVICES ...................................... 23 

COMPLIANCE AND CRITERIA FOR REVOCATION OF PRIVILEGE TO USE IN-LINE AUTOMATIC 

SAMPLER..................................................................................................................... 24 

LEVELS OF NON-COMPLIANCE .................................................................................... 25 

EXAMPLES OF NON-COMPLIANCES ............................................................................. 25 

AUTOMATIC SPLITTING OF TEST SAMPLES ...................................................................... 25 

PISTACHIO AUTOMATIC SAMPLE CHECK FORM ............................................................... 26 

PISTACHIO IN-LINE AUTOMATIC SAMPLER NON-COMPLIANCE REPORT ............................. 27 

APPENDIX III -- EXAMPLES ........................................................................................ 29 

EXAMPLE 1 – INSPECTION CERTIFICATE ......................................................................... 29 

EXAMPLE 2 – INSPECTION CERTIFICATE ......................................................................... 30 

EXAMPLE – NOTICE OF SAMPLING ................................................................................. 31 

EXAMPLE 3 – INSPECTION CERTIFICATE ......................................................................... 32 

EXAMPLE 4 – INSPECTION CERTIFICATE ......................................................................... 33 

EXAMPLE 5 – INSPECTION CERTIFICATE ......................................................................... 34   

ii 
Representative Sampling 

Representative sampling is just as important as correct grade interpretation. 

Accurate certification is only possible if the samples examined are truly 

representative of the entire lot or accessible portion of the load or lot. 

Size of Sample 

A minimum of 250 grams of in-shell pistachio nuts shall be examined for each 

test; larger samples may be taken if needed. The amount drawn shall be at least 

twice as large as that used for analysis. The extra amount, called a check sample 

or library sample is used to increase the size of the original sample, or in case the 

original sample is lost or destroyed. Check samples (library samples) shall be 

disposed of in accordance with Section 51.22 of the Regulations Governing 

Inspection, Certification, and Standards for Fresh Fruits, Vegetables, and Other 

Products. 

Samples shall be randomly drawn from at least five percent of the containers 

in the lot. For excessively large lots, less than five percent of the containers may be 

sampled at the supervisors approval. Containers should be obtained from various 

parts of the lot and nuts drawn from near the top, bottom, and sides of selected 

containers. When sampling bulk bins, all bins should be sampled in lots of five bins 

or less; lots of six to 20 bins, sample 50 percent; and lots which contain over 20 bins, 

sample 25 percent. 

Occasionally, a number of lots are put together to make a load. When each 

lot is the same count, size, quality, variety, and markings, one composite sample 

shall be used for analysis. If there is an obvious difference between lots and each 

can be identified by markings, then separate samples for each shall be drawn and 

analyzed. When markings are identical, the lots should be sampled and analyzed as 

one lot. If the quality varies between lots, a statement should be made in the 

"Remarks" section to indicate this. 

Report the amount analyzed on FV-300 certificate either adjacent to the 

defects or in the "Other" section. 

Official Sampling 

Official samples may be drawn by any USDA authorized inspector or 

applicant/handler personnel directly supervised by an inspector. Samples which are 

not official (applicant submitted) may be analyzed, but must be restricted to the net 

weight of sample provided. 

Inspections may be requested from offices that have not been furnished with 

pistachio nut inspection equipment, or it may be necessary for a sample to be drawn 

1 
by one inspector and sent to another office for analysis and certification. When this 

is the case, a Notice of Sampling (FV-187) shall be issued. The original shall be 

sent with the sample, a copy sent separately to the office making the analysis, and 

another copy to the applicant. Other copies may be filed at the office where the 

sample was drawn. An example of Form FV-187 is at the end of these instructions. 

Certificates showing results of analysis should state under "Remarks." 

"Sample covered by this certificate was officially drawn and reported on Certificate of 

Sampling (FV-187) number (certificate number), which is attached." 

In order to be sure the official sample will be large enough for additional 

analysis, if necessary, it should be about 2-1/4 times larger than needed. Nuts shall 

be padded against contact with the inside of shipping containers in order to minimize 

damage. When a sample needs to be shipped in more than one container, the 

outside of each container shall be marked so that the receiving office is aware of 

how many containers are in the shipment. A simple marking system such as "1 of 3," 

"2 of 3," and "3 of 3" will suffice. 

Determining and Reporting Percentages and Defects 

Percentages of defects shall be computed on the basis of grams. The weight 

of defects found shall be measured in tenths of a gram (0.1 g). Percentages of 

defects, staining, foreign material, etc., shall be shown on the certificate in 

hundredths of a percent (0.00%). 

Tolerances and Application of Tolerances 

The tolerances for the grades apply to the entire lot and shall be based on a 

composite sample drawn from containers throughout the lot. Any container or group 

of containers which have nuts obviously different in quality or size from those in the 

majority of containers shall be considered a separate lot and shall be sampled 

separately. There is no application of tolerances that could be applied to subsamples. All tolerances are applied on a weight basis. The following is a list of 

tolerances provided for U.S. Fancy, U.S. No. 1, U.S. No. 2, and U.S. No. 3 grades 

as per Section 51.2542 of U.S. Standards for Grades of Pistachio Nuts in the Shell. 

2 
 

 

 

Table I – Tolerances 

Factor U.S. 

Fancy 

U.S. 

Extra 

No. 1 

U.S. 

No. 1 

U.S. 

Select 

U.S. 

Artificially 

Opened 

U.S. 

NonSplit 

External (Shell) Defects 

(tolerances by weight) 

Percent Percent Percent Percent Percent Percent 

(a) Non-split and not split on 

suture 2 3 6 10 10 N/A 

(1) Non-split included in (a) 1 2 3 4 4 N/A 

(b) Adhering hull material 1 1 1 2 2 2 

(c) Light stained 7 12 25 N/A N/A N/A 

(1) Dark stained, included in (c) 2 3 3 3 3 3 

(d) Damage by other means 1 1 2 3 10 N/A 

(e) Total External Defects 9 16 N/A N/A N/A N/A 

(f) Undersized (Less than 30/64 

inch in diameter) 5 5 5 5 4 5 

Table II - Tolerances 

Factor U.S. 

Fancy 

U.S. 

Extra 

No. 1 

U.S. 

No. 1 

U.S. 

Select 

U.S. 

Artificially 

Opened 

U.S. 

NonSplit 

Internal (Kernel) Defects 

(tolerances by weight) 

Percent Percent Percent Percent Percent Percent 

(a) Damage 3 6 6 6 6 6 

(b) Serious Damage (Minor 

Insect or Vertebrate Injury, 

Mold, Rancid, Decay) 3 4 4 4 4 4 

(1) Insect Damage, included in 

(b) 1 2 2 2 2 2 

(c) Total Internal Defects 4 8 9 9 9 9 

Table III – Tolerances 

Factor U.S. 

Fancy 

U.S. 

Extra 

No. 1 

U.S. 

No. 1 

U.S. 

Select 

U.S. 

Artificially 

Opened 

U.S. 

NonSplit 

Other Defects (Tolerances by 

weight) 

Percent Percent Percent Percent Percent Percent 

(a) Shell pieces and Blanks 2 2 2 2 2 2 

(1) Blanks, included in (a) 1 1 1 1 1 1 

(b) Foreign material (No glass, 

metal or live insects shall be 

permitted) .25 .25 .25 .25 .25 .25 

(c) Particles and Dust .25 .25 .25 .25 .25 .25 

(d) Loose kernels 4 5 6 6 6 6 

3 
NOTESHEETS AND CERTIFICATE 

Entries on the notesheet and certificate must be kept in a legible and 

accurate manner. It is mandatory that all information which appears on the 

certificate be supported by information on the notesheet. It is the responsibility of 

the inspector to ensure that all information is properly recorded. Notations shall be 

recorded so that anyone familiar with inspection procedures can interpret them and 

write a certificate. Also remember that notesheets and certificates are prima facie 

evidence and must be able to withstand legal scrutiny. 

Detailed instructions pertaining to date, inspection point, place of inspection, 

type of carrier, lading, etc., which are not covered by these instructions may be 

found in the General Inspection Instructions. Additional information and instructions 

may be given by your supervisor. 

Products 

There are several varieties of pistachio nuts grown in world production areas. 

Varietal characteristics are very similar and no attempt to certify variety should be 

made. The certificate should state "Pistachio Nuts in the Shell" under the "Product" 

heading. It is common for the industry to dye, roast, and/or salt pistachio nuts 

before marketing. The U.S. grade standards apply to nuts in this form, and when it 

is definitely known that the nuts have been dyed, roasted and/or salted, this should 

also be shown on the certificate under the "Lot ID" heading. Dyed nuts should not 

be commingled with natural appearing nuts. Lots which contain obviously dissimilar 

forms which are commingled cannot be inspected based on the U.S. standards. 

Numbers/Type of Container 

The quantity of nuts that the inspection covers shall be shown on all 

certificates. This shall be shown in terms of number of containers, weight, or a 

combination of both. When a sample is submitted report the type and quantity of 

containers and net weight of sample (subtract container and packing material 

weight). 

Pistachio nuts are shipped in various types of containers. A commonly used 

description of the container type should be shown under "Number of Containers." 

Brandings/Markings 

The brand, variety, size, count, grade, weight, point of origin and other 

important information appearing on the container should be reported on the 

notesheet in the “Brands/Markings” section. Only the brand name and other key 

markings necessary to properly identify the lot for certification should appear in this 

section on the certificate. 

4 
Origin 

The inspector should not make a positive statement on their own authority, but 

when container markings list the state or country of origin, it should be quoted. This 

policy is necessary because some firms may use one mark on the same product they 

may pack in two or three states and the inspector can certify only to the marks and has 

no means of knowing in what state or country the pistachio nuts were grown. (If 

packages are not marked or the nuts are in bulk, refer to the General Inspection 

Instructions.) 

Temperature of Product 

Temperatures are not reported on pistachio nut inspection certificates. This 

heading will be blocked out. 

Condition of Pack 

This heading refers to the product in the container. The fill of the container, any 

protective material or lining, report of net weight, or descriptions of broken or crushed 

containers is recorded on the notesheet under this heading. Any unusual 

circumstances pertinent to the inspection regarding pack should be reported under the 

"Other" heading on the certificate. Further information is discussed in the General 

Inspection Instructions. 

Inspection Sequence 

The in-shell pistachio nut standards have three separate tolerances for defects. 

Each set of tolerances is independent of the others. A shipment may be failed on one 

tolerance alone or on several factors in more than one set of tolerances. 

All tolerances are based on the weight of the sample. All samples shall include 

both the shell and the accompanying kernel. The entire weight of the shell and kernel 

must be used as the basis of determining percentages for all defects. 

Inspectors should first segregate and separate the foreign material, loose 

kernels, shell pieces and particles of dust. Next, size may be determined. Segregating 

for external and internal defects is normally completed last. 

It is important that inspectors analyze unsorted samples for both external and internal 

defects. It is possible that nuts may be scored twice, once for each category of defect 

(external and internal). 

The samples used to determine external and internal defects must be composite 

samples representative of the lot. Inspectors may wish to segregate and 

5 
Revised, April 2008, HU-153-10(a), 

Page 6, Pistachios in the Shell, Shipping Point and 

Market Inspection Instructions, February 2005 

record all external defects in the sample, and then crack the entire sample, including 

previously scored external defects, for segregation and recording of internal defects. 

Another method is to split the original sample into two smaller samples and use one for 

exclusively determining external defects and the other for determining internal defect, 

either method is acceptable. 

Size 

** ** All sizing of in-shell pistachio nuts must be done prior to roasting.   

All pistachio nuts must be at least 30/64 inch in diameter. (See tolerances, Table 

I.) A round hole screen with 30/64 inch openings should be used to determine 

compliance with this requirement. The entire sample for analysis should be screened 

before attempting to determine other size classifications. 

It is not necessary to report compliance with this requirement on the certificate. 

However, any percentage under 30/64 inch should be reported on the certificate along 

with other size requirements. Since this is actually a requirement of the grade, nuts 

failing this requirement would fail to grade. This should be explained in the “Grade” 

statement. 

Nut size is generally specified in connection with grade. It may be specified 

using the size designations defined in Table IV of the grade standards or in terms of a 

count range per ounce. The size difference between the largest and smallest nuts in 

the sample must also be within a specified weight ratio. The standards allow that the 

final average number of nuts per ounce for the lot may be one-half nut or less beyond 

the defined or specified count per ounce. The following paragraphs explain how to 

determine count per ounce and the largest nut versus smallest ratio. 

Determining Count Range Per Ounce 

Using the sample for grade analysis, separate nuts into at least one eight ounce 

portion or the equivalent. (Larger portions, such as ten ounces may be used if desired.) 

Count the number of nuts in the portion(s) and determine average count per 

ounce by dividing the total number of nuts by the total number of ounces. When count 

per ounce is more than one-half nut beyond the minimum or maximum specified, the lot 

fails to meet the defined or specified count per ounce. These samples will also be used 

to determine the largest versus small ratio. 

Example: 

48 + 38 + 42 + 44 = 172 nuts 

172 nuts/8 ounces = 21.50 nuts/ounce 

6 
Revised, March 2006, HU-151-10(a) 

Page 7, Pistachios in the Shell, Shipping Point and Market 

Inspection Instructions, February 2005 

In this example (four two ounce samples were used), each portion was 

counted and the total number of nuts was divided by the total number or ounces 

in all four portions. The resulting count per ounce, reported to hundredths of a 

nut, falls within 21 to 25 count range specified for “Large” size pistachio nuts. 

Determining the Large Versus Small Ratio 

The standards specify that in order to meet a count per ounce range the 

weight of 10 percent, by count, of the largest nuts in the lot must not be more 

than 1.50 times the weight of 10 percent, by count of the smallest nuts. To 

determine this ratio, multiply the total number of nuts used in the above count per 

ounce sample (in this case .10 X 172 = 17 nuts). Ten percent, by count (in this 

sample 17 nuts), of the smallest nuts and 10 percent, by count (17 nuts), of the 

largest nuts shall be picked out of the sample and their respective weights 

recorded. 

Divide the weight of the largest nuts by weight of the smallest nuts. 

Example: 

Largest nuts = 29.7 g = 1.43 ratio 

Smallest nuts = 20.8 g 

Reporting Size 

When a size designation or count per ounce is specified, the size 

statement shall report the average count per ounce and largest versus smallest 

size ratio. When the 1.50 ratio is exceeded, the size statement shall show 

“Irregular” and the ratio reported. Lots failing to meet a defined or specified count 

per ounce range because of count per ounce or not meeting the required ratio 

shall show the failure in the grade statement, i.e. “US No. 1. Fails to meet count ** ** per ounce range account range exceeded.”   

Quality and Condition 

There are six U.S. Grades for pistachio nuts in the shell. The scoring of 

defects in all grades (U.S. Fancy, U.S. Extra No. 1, U.S. No. 1, U.S. Select, U.S. 

Artificially Opened, U.S. Non-Split) is the same. The separation of the grades is 

achieved through tolerances. (See previous tolerance section 51.2544 of the 

standard). The following equipment will be needed in order to properly analyze a 

sample of pistachio nuts in the shell for various defects: 

 18/1000 inch thick by 1/4 inch wide gauge. A feeler gauge commonly 

used to set gap on automobile spark plugs is the easiest to obtain. 

 Screen with 30/64 inch round openings. (Minimum diameter.) 

7 
Revised, May 2011, HU-155-16(a) 

Page 8, Pistachios in the Shell, Shipping Point and Market 

Inspection Instructions, February 2005 

 Screen with 5/64 inch round openings. This is used to separate particles 

and dust. 

Pistachio nuts are not normally subject to condition factors. 

The following paragraphs describe the procedures used to analyze the lot 

and discuss the scoring and reporting of defects. 

Analysis 

After size has been determined, return the nuts to the sample for analysis. 

The sample should be screened on a screen with 5/64 inch round openings. This 

will separate the "particles and dust" from the sample. 

Particles and Dust 

Particles and dust are defined as pieces of nut kernels smaller than 5/64 

inch. Any other material shall be classed as either foreign material or shell pieces. 

Each grade restricts particles and dust to not more than .25 percent. 

Foreign Material 

Foreign material consists of any substance other than pistachio shells or 

kernels. Leaves, sticks, loose hulls or hull pieces, dirt, rocks, and insects or insect 

pieces not attached to a nut shall be considered foreign material. If any metal, 

glass or live insects are found, the lot will fail to meet a U.S. grade regardless 

of the amount of other defects present. 

Shell Pieces 

Nuts normally consist of two halves of a shell split along a natural suture and 

a kernel. Sometimes the two halves of the shell become separated or pieces are 

broken off of the shell. All half-shells, joined or not joined, or small shell pieces ** ** 

shall be classed as shell pieces. 

Blanks 

Blanks are defined as a nut that does not contain a kernel or contains a 

kernel that fills less than one-half the shell cavity. The above would apply only 

when the shell was not split. Occasionally a piece of a shell will break off the nut   

and the kernel will fall out during cleaning and processing. The empty shell shall be 

considered a blank, the shell piece as a shell piece, and the kernel as a loose 

kernel. 

8 
Loose Kernels 

Loose kernels are those kernels not contained within the shell. These 

kernels may be whole or portions of kernels. However, the portions of kernels may 

not be less than 5/64 inch, otherwise they will be considered particles and dust. 

There is a four percent tolerance, by weight, for loose kernels. 

Shell Defects 

External or shell defects consist of any blemish affecting the hard covering 

around the kernel. It is desirable for pistachio shells to be split open along a 

naturally formed suture. Shells not split in this manner are considered undesirable 

and scored as defects. 

Crinkle Shell 

Crinkle shell appears as an indented, sunken wrinkled and/or curved area on 

a shell. It normally occurs on or near where the shell naturally splits open. 

Sometimes it also has staining because it is difficult to remove the hull from this 

sunken area. It may also appear as a "chip" or "half moon" portion of the shell that 

is missing. This abnormality, in its various forms, seems to predominate in the 

smaller size nuts. 

Crinkle shell is considered a defect when it appears as a relatively thin shell 

with a noticeable wrinkling, curling, sinking, or curving of a half shell which exceeds 

1/8 inch in depth or width measured from the normal plane of the shell surface. 

Inspectors should use the 1/8 inch area diameter gauges or a depth gauge to 

determine how much the shell is indented beyond the normal contour. On those 

shells where only a portion is missing, nothing should be scored unless the 

kernel is severely scraped or chaffed by the hulling process. 

Three Piece Shells 

Quite often, larger size pistachio nut shells develop with three shells instead 

of two halves. The third shell or "third shell plate" is 1/8 to 1/10 the size of the two 

main shells. It frequently develops with a prominent natural suture on either side. In 

some minor cases, it may show a faint but detectable suture or crack line through 

the middle where the normal suture would occur if the shell only formed two halves. 

This third shell is not considered a defect of in-shell pistachio nuts. 

Frequently, nuts may be encountered which have lost the third shell plate. When 

this piece is gone a circular area exposing a greater area of the kernel results. As 

with crinkle shell, this is only being scored as a defect if there is severe chaffing or 

scraping damage to the kernel. 

9 
Non-split Shells 

Pistachio shells are considered as being not split when they are not opened 

or are partially opened, but the opening will not allow an 18/1000 inch thick by 1/4 

inch wide gauge to slip into the opening. In other words, the opening must be at 

least 18/1000 inch wide and 1/4 inch in length. See Figure 1. 

1/4 inch 

18/1000 inch 

Figure 1. Split shell measurement. 

When it is questionable as to whether or not a shell should be scored as nonsplit, the opening should be checked with a feeler gauge of the proper dimensions. 

The gauge should not be forced into the opening. Shells having splits smaller than 

the required opening shall be scored against the restricted tolerance for "non-split" 

as shown in line (a) (1) of Table I in the grade standards. 

Not Split on Suture 

Shells scored as not split on the suture will meet the requirements of being 

opened, (opening is larger than 18/1000 thick by 1/4 inch wide) but the opening 

does not occur on the naturally formed suture. Shells not split on the suture shall be 

scored against the tolerance as shown in line (a) of Table I. 

Shells which are not split along the suture but are split along another area of 

the shell and fail the opening requirements for the split shall be scored against the 

restricted tolerance for non-split shells. 

Adhering Hull Material 

At the time of harvest, many of the nuts still have portions of the fleshy hull 

attached. The industry attempts to remove all the hull from the shell during 

10 
processing. Occasionally, hull material sticks to the shell causing a rough, browncolored, raised area. This is considered a defect. Adhering hull material damages 

the appearance of the nut when it covers more than one-eighth of the total shell 

surface. This area is equivalent to one-fourth of the area on a half-shell. On shells 

dyed red, any amount of adhering hull material is scorable when it is readily 

noticeable. 

Staining 

Freshly harvested pistachio nuts normally have fleshy hull material attached 

to the shell. It is imperative that the hull material be removed from the shells as 

soon after harvest as possible. If it is not removed after a reasonable amount of 

time the shells may become discolored or stained by tannins and oils leaching from 

the hulls. 

The color of the stains ranges from light yellow through brown to black. The 

grade standards allow a certain amount of light and/or dark stain before the shell is 

damaged. 

Light stains damage the appearance of the shell when an aggregate amount 

of yellow to light brown or light gray discoloration noticeably contrasts with the 

predominate color of the shell and more than one-fourth of the surface is affected. 

The specified area is equivalent to one-half of a half shell. Any amount of 

noticeable staining causes damage to the appearance of dyed nuts. 

Inspectors should remember that light staining is only considered when it is 

contrasting with the predominate color of the shell. The color of individual shells 

within the lot may vary from a bright ivory or cream color to a dull grayish color. 

Staining is scored as affecting the individual shell, not when an individual nut 

contrasts with other nuts. Darker discoloration than yellow to light brown or light 

gray is also considered staining, provide the color is not considered as “dark stain” 

as described below. 

Dark stains damage the shell when an aggregate amount of dark brown, dark 

gray or black discoloration affects more than one-eighth of the total shell surface or 

when readily noticeable on dyed nuts. One-eighth of the total shell surface is 

equivalent to one-fourth on a half shell. 

In addition, inspectors must disregard any speckled appearing dark staining 

occurring on the one-fourth (1/4) surface area of the nut closest to the stem end. 

This is the end where the two shell halves are joined. 

Other Means 

Defects other than splitting of the shell, staining, and adhering hull material 

may affect the shell. Other defects would be defects that materially affect individual 

11 
shells or the lot as a whole. The mixing of dyed nuts with natural shell nuts would 

be one such defect. Each grade level has its own tolerance for this factor (see Table 

I). 

Kernel Defects 

Internal or kernel defects are defects affecting the kernel. The tolerances 

specified for damage and serious damage are separate. The serious damage 

tolerance is not included in the damage tolerance. However, there is a total 

allowable tolerance specified for internal defects (see Table II). The following 

paragraphs discuss damage and serious damage by various defects that affect 

pistachio kernels, and how to score them. 

Dryness 

Well dried is a basic requirement for kernels and should be reported on SPI 

certificates or in the "Other" section on the FV-300 certificate only in general terms 

when there are kernels that are not well dried. Example: Mostly well dried (show % 

of kernels not well dried). Well dried kernels are firm and crisp, not pliable and 

leathery. Well dried kernels can be readily broken with the fingers without 

noticeably bending the kernel. Distinctly pliable or leathery kernels should be 

scored as defects. 

Very well dried is not a requirement of the grades. Very well dried kernels are 

those that would normally be considered well dried (firm and crisp), but, in addition, 

have had the average moisture content of the lot tested and certified. The moisture 

must be 7 percent or less in order for the lot to be considered very well dried. 

Section 51.2546 of the standard discusses the procedure used to determine 

moisture content: 

Kernels shall be obtained from a randomly drawn composite sample. Official 

certification shall be based on the air-oven method or other officially approved 

methods or devices. Results obtained by methods or devices not officially 

approved may be reported and shall include a description of the method or 

device and owner of any equipment used. 

When a moisture content is determined on the basis of "very well dried," this 

should be shown in the "Other" section on the certificate. Under "Remarks" report, 

"Very well dried determined at applicant's request." 

Mold 

Mold is separated into damage and serious damage and may be scored 

separately under both categories. Any white or gray color mold that is not 

considered readily noticeable and can be rubbed off the kernel with the fingers is 

12 
classed as damage and described as "minor white or gray mold." This type of mold 

is not considered damage when it affects the shell only. 

Any type of mold that is readily visible is considered serious damage. It 

makes no difference what the color is or whether it is seen on the kernel or the shell. 

This type of mold shall be described on the certificate simply as "mold." 

Immature Kernels 

Immature kernels are always considered damage. An immature kernel is one 

that is excessively thin for its normal size and cross section, or one that fills less than 

three-fourths, but one-half or more of the shell cavity. Kernels large enough to fill 

more than three-fourths the cavity are not immature unless excessively thin. Kernels 

filling less than one-half the cavity would be scored as blanks. 

Kernel Spots 

Kernels are occasionally affected by one or more small circular spots that 

contrast in color from the normal color. It is thought that these spots may be the 

result of insect feeding on the hull during the nuts' development. When the spots are 

dark brown or dark gray and aggregate more than one-eighth of the surface, the 

kernel shall be scored as damage. 

Kernel Defects Considered Serious Damage 

All of the following defects are considered serious damage at all times. All 

except insects are scored under the general tolerance for serious damage in Table 

II of the grade standard. Insect caused defects can be scored under the general or 

the restricted tolerance, depending on the severity. 

Minor Insect or Vertebrate Injury 

When mature, the pistachio kernel is naturally exposed. Various insects and 

vertebrates, such as birds or mice, may feed on it. When there is conspicuous 

evidence that the kernel has been used as a food source, it should be scored 

against the general tolerance for serious damage. Inspectors should be positive in 

their scoring of this defect. Certain types of processing machinery may cause 

mechanical injury that can be mistaken for feeding injury. 

Insect Damage 

Insect damage is more serious than minor insect or vertebrate injury 

discussed previously. The presence of an insect, insect fragment, web, or frass on 

the kernel is positive evidence of insect intrusion. Affected kernels are always 

scored against a restricted tolerance [See Table II, line (b) (1) of the grade 

13 
standard]. The presence of live insects, even one on a kernel, shall cause the 

lot to fail any of the U.S. grades. 

Rancidity 

Rancid kernels are always scored against the general tolerance for serious 

damage. The standards specify that kernels must be distinctly rancid (i.e. foul or 

offensive) tasting to be scored. Kernels that are stale or flat tasting should not be 

considered rancid. Rancid kernels are usually firm, but have dark colored, oily 

appearing flesh. A small portion to the entire kernel may be affected. 

Decay 

Decay is always scored against the general tolerance for serious damage. 

Whenever any portion of the kernel is decomposed, it is scored as decayed. 

14 
 

Appendix I -- U. S. Grade Standards 

United States Standards for Grades of Pistachio Nuts in the Shell 

Effective December 23, 2004 

General 

51.2540 General 

Grades 

51.2541 Grades 

U.S. Artificially Opened 

51.2542 U.S. Artificially Opened 

U.S. Non-Split Grade 

51.2543 U.S. Non-Split Grade 

Tolerances 

51.2544 Tolerances 

Application of Tolerances 

51.2545 Application of Tolerances 

Size 

51.2546 Size 

Definitions 

51.2547 Definitions 

Average Moisture Content Determination 

51.2548 Average Moisture Content Determination 

Metric Conversion Table 

51.2549 Metric Conversion Table 

§ 51.2540 General 

(a) Compliance with the provisions of these standards shall not excuse failure to comply with 

provisions of applicable Federal or State laws. 

(b) These standards are applicable to pistachio nuts in the shell which may be in a natural, dyed, raw, 

roasted, or salted state; or in any combination thereof. 

Grades 

§ 51.2541 U.S. Fancy, U.S. Extra No. 1, U.S. No. 1 and U.S. Select Grades. 

"U.S. Fancy," "U.S. Extra No. 1," "U.S. No. 1," and "U.S. Select" consists of pistachio nuts in the shell 

which meet the following requirements: 

(a) Basic requirements: 

(1) Free from: 

(i) Foreign material; 

(ii) Loose kernels; 

(iii) Shell pieces; 

(iv) Particles and dust; and, 

(v) Blanks. 

(b) Shells: 

(1) Free from: 

(i) Non-split shells; and, 

(ii) Shells not split on suture. 

(2) Free from damage by: 

(i) Adhering hull material; 

(ii) Light stained; 

(iii) Dark stained; and, 

(iv) Other External (shell) defects. 

(c) Kernels: 

(1) Well dried, or, very well dried when specified in connection with the grade. 

(2) Free from damage by: 

15 
(i) Immature kernels; 

(ii) Kernel spotting; and, 

(iii) Other Internal (kernel) defects. 

(3) Free from serious damage by: 

(i) Minor insect or vertebrate injury; 

(ii) Insect damage; 

(iii) Mold; 

(iv) Rancidity; 

(v) Decay; and, 

(vi) Other Internal (kernel) defects. 

(d) The nuts are of a size not less than 30/64 inch in diameter as measured by a round hole screen. 

(e) For tolerances, see §51.2544. 

§ 51.2542 U.S. Artificially Opened. 

"U.S. Artificially Opened" consists of artificially opened pistachio nuts in the shell which meet the 

following requirements: 

(a) Basic Requirements: 

(1) Free from: 

(i) Foreign material; 

(ii) Loose kernels; 

(iii) Shell pieces; 

(iv) Particles and dust; and, 

(v) Blanks. 

(b) Shells: 

(1) Free from: 

(i) Non-split shells; and, 

(ii) Shells not split on suture. 

(2) Free from damage by: 

(i) Adhering hull material; 

(ii) Light stained; 

(iii) Dark stained; and, 

(iv) Other External (shell) defects. 

(c) Kernels; 

(1) Well dried, or, very well dried when specified in connection with the grade; 

(2) Free from damage by: 

(i) Immature kernels; 

(ii) Kernel spotting; and, 

(iii) Other Internal (kernel) defects. 

(3) Free from serious damage by: 

(i) Minor insect or vertebrate injury; 

(ii) Insect damage; 

(iii) Mold; 

(iv) Rancidity; 

(v) Decay; and, 

(vi) Other Internal (kernel) defects. 

(d) The nuts are of a size not less than 30/64 inch in diameter as measured by a round hole screen. 

(e) For Tolerances, see §51.2544. 

§ 51.2543 U.S. Non-Split. 

"U.S. Non-Split" consists of non-split pistachio nuts in the shell which meet the following requirements: 

(a) Basic requirements: 

(1) Free from: 

(i) Foreign material; 

(ii) Loose kernels; 

(iii) Shell pieces; 

(iv) Particles and dust; and, 

(v) Blanks. 

(b) Shells: 

16 
 

 

 

(1) Free from damage by: 

(i) Adhering hull material; and, 

(ii) Dark stain. 

(c) Kernels: 

(1) Well dried, or very well dried when specified in connection with the grade. 

(2) Free from damage by: 

(i) Immature kernels; 

(ii) Kernel spotting; and, 

(iii) Other internal (kernel) defects. 

(3) Free from serious damage by: 

(i) Minor insect or vertebrate injury; 

(ii) Insect damage; 

(iii) Mold; 

(iv) Rancidity; 

(v) Decay; and, 

(vi) Other Internal (kernel) defects. 

(d) The nuts are of a size not less than 30/64 inch in diameter as measured by a round hole screen. 

(e) For Tolerances, see §51.2544. 

§ 51.2544 Tolerances. 

(a) In order to allow for variations incident to proper grading and handling, the tolerances in Tables I, 

II, and III of this section are provided. 

Table I - Tolerances 

Factor U.S. 

Fancy 

U.S. 

Extra 

No. 1 

U.S. 

No. 1 

U.S. 

Select 

U.S. 

Artificially 

Opened 

U.S. 

NonSplit 

External (shell) Defects 

(tolerances by weight) 

Percent Percent Percent Percent Percent Percent 

(a) Non-split and not split on 

suture 

2 3 6 10 10 N/A 

(1) Non-split included in (a) 1 2 3 4 4 N/A 

(b) Adhering hull material 1 1 1 2 2 2 

(c) Light stained 7 12 25 N/A N/A N/A 

(1) Dark stained, included in (c) 2 3 3 3 3 3 

(d) Damage by other means 1 1 2 3 10 N/A 

(e) Total External Defects 9 16 N/A N/A N/A N/A 

(f) Undersized (Less than 30/64 

inch in diameter): 

5 5 5 5 4 5 

17 
 

 

 

 

 

Table II - Tolerances 

Factor U.S. 

Fancy 

U.S. 

Extra 

No. 1 

U.S. 

No. 1 

U.S. 

Select 

U.S. 

Artificially 

Opened 

U.S. 

NonSplit 

Internal (Kernel) Defects 

(tolerances by weight) 

Percent Percent Percent Percent Percent Percent 

(a) Damage 3 6 6 6 6 6 

(b) Serious Damage (Minor 

Insect or Vertebrate Injury, Mold, 

Rancid, Decay) 

3 4 4 4 4 4 

(1) Insect Damage, included in 

(b) 

1 2 2 2 2 2 

(c) Total Internal Defects 4 8 9 9 9 9 

Table III - Tolerances 

Factor U.S. 

Fancy 

U.S. 

Extra 

No. 1 

U.S. 

No. 1 

U.S. 

Select 

U.S. 

Artificially 

Opened 

U.S. 

NonSplit 

Other Defects (tolerances by 

weight) 

Percent Percent Percent Percent Percent Percent 

(a) Shell pieces and Blanks 2 2 2 2 2 2 

(1) Blanks, included in (a) 1 1 1 1 1 1 

(b) Foreign material (No glass, 

metal or live insects shall be 

permitted) 

.25 .25 .25 .25 .25 .25 

(c) Particles and Dust .25 .25 .25 .25 .25 .25 

(d) Loose kernels 4 5 6 6 6 6 

§ 51.2545 Application of tolerances. 

The tolerances for the grades apply to the entire lot and shall be based on a composite sample 

drawn from containers throughout the lot. Any container or group of containers which have nuts 

obviously different in quality or size from those in the majority of the containers shall be considered a 

separate lot and shall be sampled separately. 

§ 51.2546 Size. 

Nuts may be considered as meeting a size designation specified in Table IV or a range in number of 

nuts per ounce, provided, the weight of 10 percent, by count, of the largest nuts in a sample does not 

exceed 1.50 times the weight of 10 percent, by count, of the smallest and the average number of nuts 

per ounce is not more than one-half nut above or below the extremes of the range specified. 

18 
 

Table IV - Nut Size 

Size Designations Average Number of Nuts Per Ounce1 

Colossal Less than 18 

Extra Large 18 to 20 

Large 21 to 25 

Medium 26 to 30 

Small More than 30 

1

 Before Roasting 

§ 51.2547 Definitions. 

(a) Well dried means the kernel is firm and crisp. 

(b) Very well dried means the kernel is firm and crisp and the average moisture content of the lot 

does not exceed 7.00 percent or is specified. (See §51.2548.) 

(c) Loose kernels means edible kernels or kernel portions which are out of the shell and which cannot 

be considered particles and dust. 

(d) External (shell) defects means any blemish affecting the hard covering around the kernel. Such 

defects include, but are not limited to, non-split shells, shells not split on suture, adhering hull material, 

light stained, or dark stained. 

(1) Damage by external (shell) defects means any specific defect described in paragraphs (d) (1) (i) 

through (v) of this section, or an equally objectionable variation of any one of these defects, any other 

defect, or any combination of defects, which materially detracts from the appearance or the edible or 

marketing quality of the individual shell or of the lot. (For tolerances see §51.2544, Table I.) 

(i) Non-split shells means shells are not opened or are partially opened and will not allow an 18/1000 

(.018) inch thick by 1/4 (.25) inch wide gauge to slip into the opening. 

(ii) Not split on suture means shells are split other than on the suture and will allow an 18/1000 (.018) 

inch thick by 1/4 (.25) inch wide gauge to slip into the opening. 

(iii) Adhering hull material means an aggregate amount covers more than one-eighth of the total shell 

surface, or when readily noticeable on dyed shells. 

(iv) Light stained on raw or roasted nuts, means an aggregate amount of yellow to light brown or light 

gray discoloration is noticeably contrasting with the predominate color of the shell and affects more 

than one-fourth of the total shell surface or, on dyed nuts, when readily noticeable. 

(v) Dark stained on raw or roasted nuts, means an aggregate amount of dark brown, dark gray or 

black discoloration affects more than one-eighth of the total shell surface, or, on dyed nuts, when 

readily noticeable, provided that speckled appearing stain located within the area of one-fourth of the 

shell nearest the stem end shall be disregarded. 

(e) Internal (kernel) defects means any blemish affecting the kernel. Such defects include, but are 

not limited to evidence of insects, immature kernels, rancid kernels, mold, or decay. 

(1) Damage by internal (kernel) defects means any specific defect described in paragraphs (e) (1) (i) 

through (ii) of this section; or an equally objectionable variation of any one of these defects, any other 

defect, or any combination of defects, which materially detracts from the appearance or the edible or 

marketing quality of the individual kernel or of the lot. (For tolerances see §51.2544, Table II.) 

(i) Immature kernels are excessively thin or when a kernel fills less than three-fourths, but not less 

than one-half the shell cavity. 

(ii) Kernel spotting refers to dark brown or dark gray spots aggregating more than one-eighth of the 

surface of the kernel. 

(2) Serious damage by internal (kernel) defects means any specific defect described in paragraphs 

(e) (2) (i) through (v) of this section; or an equally objectionable variation of any one of these defects, 

any other defect, or any combination of defects, which seriously detracts from the appearance or the 

edible or the marketing quality of the individual kernel or of the lot. (For tolerances see §51.2544, 

Table II.) 

(i) Minor insect or vertebrate injury means the kernel shows conspicuous evidence of feeding. 

19 
 

(ii) Insect damage is an insect, insect fragment, web or frass attached to the kernel. No live insects 

shall be permitted. 

(iii) Mold which is readily visible on the shell or kernel. 

(iv) Rancidity means the kernel is distinctly rancid to taste. Staleness of flavor shall not be classed as 

rancidity. 

(v) Decay means one-sixteenth or more of the kernel surface is decomposed. 

(f) Other defects means defects which cannot be considered internal defects or external defects. 

Such defects include, but are not limited to shell pieces, blanks, foreign material or particles and dust. 

The following shall be considered other defects. (For tolerances see 

§51.2544, Table III.) 

(1) Shell pieces means open in-shell nuts not containing a kernel, half shells or pieces of shell which 

are loose in the sample. 

(2) Blank means a non-split shell not containing a kernel or containing a kernel that fills less than onehalf the shell cavity. 

(3) Foreign material means leaves, sticks, loose hulls or hull pieces, dirt, rocks, insects or insect 

fragments not attached to nuts, or any substance other than pistachio shells or kernels. Glass, metal 

or live insects shall not be permitted. 

(4) Particles and dust means pieces of nut kernels which will pass through a 5/64 inch round opening. 

(5) Undersize means pistachio nuts in the shell which fall through a 30/64 inch round hole screen. 

§ 51.2548 Average Moisture Content Determination. 

(a) Determining average moisture content of the lot is not a requirement of the grades, except when 

nuts are specified as "very well dried." It may be carried out upon request in connection with grade 

analysis or as a separate determination. 

(b) Nuts shall be obtained from a randomly drawn composite sample. Official certification shall be 

based on the air-oven method or other officially approved methods or devices. Results obtained by 

methods or devices not officially approved may be reported and shall include a description of the 

method or device and the owner of any equipment used. 

§ 51.2549 Metric Conversion Table 

Use the following table for metric conversion: 

Inches Millimeters 

5/64 1.98 

18/1000 0.46 

1/4 6.35 

30/64 11.88 

Ounces Grams 

1 28.35 

2 56.70 

20 
Revised, February 2013, HU-156-1(b) 

Page 21, Pistachios in the Shell, Shipping Point and 

Market Inspection Instructions, February 2005 

** ** 

Appendix II -- Sampling of Pistachio Nuts (In-Shell and 

Shelled) for Aflatoxin Analysis 

General 

Aflatoxin is one of a group of mycotoxins produced by the molds Aspergillus 

flavus and Aspergillus parasiticus. Aflatoxins are naturally occurring compounds 

produced by molds, which can be spread in improperly processed and stored nuts, 

dried fruits and grains. They are potent compounds which cause acute toxicity and 

have been found to be carcinogens for some animals. 

Purpose 

To provide an alternative aflatoxin-sampling method for the pistachio industry 

that has an equivalent predictability to that currently being used by probing. 

Sampling 

Representative sampling is an important factor. If the samples are not 

representative, the results of the aflatoxin analysis are incorrect regardless of the 

accuracy of the laboratory personnel. 

Requirements for Manual Sampling Procedures 

(a) Lots must be accessible for sampling throughout; otherwise the handler 

shall be required to have them made completely accessible before 

sampling. Samples shall be drawn with an approved sampling probe. 

(b) Check markings on containers for every available means of identification 

of the lot. All pistachios that are required to be inspected and certified in 

accordance with Marketing Orders 983 and 999 shall be identified by 

appropriate seals, stamps, tags, or other identification to be affixed to the 

containers by the handler. The inspector shall record markings on the test 

samples. 

(c) Samples for testing. Prior to testing, a sample is drawn from each lot 

(“lot samples”) of sufficient weight to comply with Table 1 and Table 2 of 

this section (from §983.150(d)(2) and §999.600(d)(3) of the Marketing 

Orders). Sampling is conducted by or under the direct supervision of an 

inspector or as approved under an alternative USDA-recognized 

inspection program, such as Partners in Quality (PIQ). 

21 
Revised, February 2013, HU-156-1(c) 

Page 22, Pistachios in the Shell, Shipping Point and 

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(d) Test samples for aflatoxin. Prior to submission of samples to a USDA 

accredited laboratory for aflatoxin analysis, one sample (“test sample”) 

shall be created from the pistachios designated for aflatoxin testing in 

compliance with Tables 1 and 2 for inshell and kernel pistachio lots that 

weigh up to and including 4,400 pounds. For lot sizes larger than 4,400 

pounds, two samples (“test samples”) shall be created equally from the 

pistachios designated for aflatoxin testing in compliance with the 

requirements of Tables 1 and 2. The test samples shall be prepared by, 

or under the direct supervision of an inspector, or as approved under an 

alternative USDA-recognized inspection program. The test samples shall 

be designated by an inspector or as approved under an alternative USDArecognized inspection program as Test Sample #1 and Test Sample #2. 

Each sample shall be placed in a suitable container, with the lot number 

clearly identified, and then submitted to a USDA accredited laboratory. 

Table 1 – Inshell Pistachio Lot Sampling 

Increments for Aflatoxin Certification 

Lot weight 

(lbs.) 

Minimum number 

of incremental 

samples for the 

lot sample 

Total weight of 

lot sample 

(kilograms) 

Weight of test 

sample 

(kilograms) 

220 or less 10 2.0 2.0 

221-440 15 3.0 3.0 

441-1,100 20 4.0 4.0 

1,101-2,200 30 6.0 6.0 

2,201-4,400 40 8.0 8.0 

4,401-11,000 60 12.0 6.0 

11,001-22,000 80 16.0 8.0 

22,001-150,000 100 20.0 10.0 

22 
Revised, February 2013, HU-156-1(d) 

Page 23, Pistachios in the Shell, Shipping Point and 

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Table 2 – Shelled Pistachio Kernel Lot Sampling 

Increments for Aflatoxin Certification 

Lot weight 

(lbs.) 

Minimum number 

of incremental 

samples for the 

lot sample 

Total weight of 

lot sample 

(kilograms) 

Weight of test 

sample 

(kilograms) 

220 or less 10 1.0 1.0 

221-440 15 1.5 1.5 

441-1,100 20 2.0 2.0 

1,101-2,200 30 3.0 3.0 

2,201-4,400 40 4.0 4.0 

4,401-11,000 60 6.0 3.0 

11,001-22,000 80 8.0 4.0 

22,001-150,000 100 10.0 5.0 

Requirements for In-Line Automatic Sampling Devices 

In order for an automatic sampler to be considered acceptable by the FederalState Inspection Service (FSIS) the control and security of the pistachios must be equal 

to sampling being conducted manually by or under the direct supervision of an 

inspector, or as approved under an alternative USDA-recognized inspection program. 

This is essential since the sampling process is a critical component in the aflatoxin 

analysis process. 

In-line automatic sampling devices must be officially approved by USDA/FSIS 

prior to being used to draw official samples and are subject to being reviewed 

periodically for compliance. All sampling devices must bear the FSIS Seal of Approval, 

which also carries an assigned accountability number. The seal is usually affixed in 

close proximity to the sampling device. If for any reason the sampling device does not 

bear the seal of approval or is not marked to indicate official approval, promptly notify 

the immediate supervisor. Sampler approval must be obtained through the Federal 

Program Manager(s). 

The automatic sampler must have the following steps in place before it can be 

considered for use as an official sampler. 

1. The automatic sampling device must be constructed so that no product or 

contaminants may be added to or removed from the sample either accidently or 

deliberately. 

23 
Revised, February 2013, HU-156-1(e) 

Page 24, Pistachios in the Shell, Shipping Point and 

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2. Prior to running a lot to be certified, the handler shall have the weight of the lot 

and it shall be uniquely identified. The accumulator collecting the incremental 

samples for the lot shall have this unique number and its weight affixed to the 

container in a manner in which it cannot be tampered with. 

3. After the lot has been run, the official sample needs to be sealed in a manner in 

which it cannot be tampered with. The sample needs to have the weight of the 

sample and the number of incremental sample(s) it contains. 

4. Partial lot samples that are held overnight must be kept in a manner in which it 

cannot be tampered with. 

5. After a lot is finished, the sample must be removed and sealed by a Federal or 

Federal-State authorized inspector or as approved under an alternative USDArecognized inspection program. 

6. If the sample fails to contain the appropriate weight or number of incremental 

samples required in Table 1 and Table 2 of the above section it cannot be 

considered as an official sample and the Handler must call the local inspection 

office to have the lot sampled. 

Inspectors that prepare the sample(s) for submission to a USDA, Science and 

Technology approved aflatoxin analytical laboratory shall document periodic checks of 

the mechanical sampling procedures and report findings on the Pistachio Automatic 

Sample Check Form. 

Compliance and Criteria for Revocation of Privilege to Use In-Line Automatic 

Sampler 

Compliance with the requirements of the in-line automatic sampler is essential 

for continued use of the privilege. This will be done by an inspector or any other party 

authorized by the inspection service during periodic checks. Non-compliance will be 

written up on the Pistachio In-Line Automatic Sampler Non-Compliance Report and 

will result in the revocation of the privilege and require the Handler to return to 

requesting the inspection service to manually sample the product for marketing order 

compliance. 

All observations and non-compliances will be documented by FSIS, including 

corrective actions taken. Non-compliances must be corrected in a timely manner under 

FSIS supervision. Some non-compliances may result in the loss of privilege to use the 

in-line automatic sampler. 

Minor deviations from program requirements observed by FSIS (observations) 

will be brought to the attention of participant’s staff. Corrective actions may be 

necessary (by participant). Observations are not “non-compliances;” they are 

potentially hazardous occurrences that may become non-compliances if not corrected. 

24 
Revised, February 2013, HU-156-1(f) 

Page 25, Pistachios in the Shell, Shipping Point and 

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Levels of Non-compliance 

Major Non-compliance 

A major non-compliance is a major deviation from program requirements, which 

if allowed to continue, may result in sampling not meeting in-line sampling 

requirements. 

Critical Non-compliance 

A critical non-compliance is a critical deviation from in-line sampling 

requirements, which has resulted in sampling not meeting in-line sampling 

requirements. 

Examples of Non-compliances 

The following provides examples for major and critical non-compliance: 

Major Non-compliance 

Markings on sample are not legible, but may be verified in another manner. This 

would be a major non-compliance. 

Critical Non-compliance 

Markings on sample are not legible and cannot be verified in another manner. 

FSIS would need to probe the lot, the sample collected would not be acceptable. 

The sample has been removed from the collector by the applicant’s staff. This 

would be a critical non-compliance with the sample losing its identity. This would result 

in the participant losing their in-line sampling privileges. 

Automatic Splitting of Test Samples 

Specialty Crops Inspection Division does not approve or recognize the automatic 

splitting of samples. In order to maintain the integrity of each test sample, test samples 

shall be prepared by, or under the direct supervision of an inspector, or as approved 

under an alternative USDA-recognized inspection program. 

25 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Revised, February 2013, HU-156-1(g) 

Page 26, Pistachios in the Shell, Shipping Point and 

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Pistachio Automatic Sample Check Form 

AUTOMATIC SAMPLE CHECK FORM 

Name of Handler Facility: 

Sampler Identification Number: 

Crop Year: Page: 

Date Inspector’s Name Comment 

26 
Inserted, February 2013, HU-156-1(h) 

Page 27, Pistachios in the Shell, Shipping Point and 

Market Inspection Instructions, February 2005 

Pistachio In-Line Automatic Sampler Non-Compliance Report 

Pistachio In-Line Automatic Sampler 

NON-COMPLIANCE REPORT 

Date: 

Time: 

Inspector Name: 

Handler Name: 

Handler Address: 

Description of Non-Compliance: 

Company Representative Signature: 

SIGNATURE AFFIRMS FACTS CONCERNING NON-COMPLIANCE ARE CORRECT 

Corrective Action: (If applicable) 

27 
Inserted, February 2013, HU-156-1(i) 

Page 28, Pistachios in the Shell, Shipping Point and 

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PAGE INTENTIONALLY LEFT BLANK 

28 
Inserted, February 2013, HU-156-1(j) 

Page 29, Pistachios in the Shell, Shipping Point and 

Market Inspection Instructions, February 2005 

Appendix III -- Examples 

Example 1 – Inspection Certificate 

29 
Inserted, February 2013, HU-156-1(k) 

Page 30, Pistachios in the Shell, Shipping Point and 

Market Inspection Instructions, February 2005 

Example 2 – Inspection Certificate 

30 
Inserted, February 2013, HU-156-1(l) 

Page 31, Pistachios in the Shell, Shipping Point and 

Market Inspection Instructions, February 2005 

Example – Notice of Sampling 

31 
Inserted, February 2013, HU-156-1(m) 

Page 32, Pistachios in the Shell, Shipping Point and 

Market Inspection Instructions, February 2005 

Example 3 – Inspection Certificate 

32 
Inserted, February 2013, HU-156-1(n) 

Page 33, Pistachios in the Shell, Shipping Point and 

Market Inspection Instructions, February 2005 

Example 4 – Inspection Certificate 

33 
Inserted, February 2013, HU-156-1(o) 

Page 34, Pistachios in the Shell, Shipping Point and 

Market Inspection Instructions, February 2005 

Example 5 – Inspection Certificate 

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34