U Marketing and

Regulatory

Programs

Agricultural

Marketing

Service

Specialty

Crops

Program

Specialty 

Crops 

Inspection

Division

AIM 

Inspection

Series

Tomato Super-Lot Pilot

Program

September 2023
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i

Tomato Super-Lot Pilot Program

Table of Contents

INTRODUCTION .......................................................................................................................... 1

GUIDE FOR ELECTRONIC USAGE........................................................................................... 1

STATEMENT OF POLICY AND INTENT OF PROGRAM ....................................................... 2

GENERAL...................................................................................................................................... 2

DEFINITIONS................................................................................................................................ 3

FEDERAL-STATE REQUIREMENTS......................................................................................... 4

Role of FSIS.................................................................................................................................... 4

Duties of Warehouse Staff Used for Assisting in the Sampling Process........................................ 5

REQUESTING A SUPER-LOT INSPECTION............................................................................. 5

PRESENTING A SUPER-LOT FOR INSPECTION..................................................................... 6

OFFICIAL SAMPLING ................................................................................................................. 6

INSPECTION SPACE REQUIREMENTS.................................................................................... 6

SAMPLING VERIFICATION ....................................................................................................... 7

REPORTING 8E LOTS.................................................................................................................. 7

REPORTING TSA LOTS .............................................................................................................. 7

LOTS THAT FAIL IMPORT REQUIREMENTS......................................................................... 7

8e (Imported Tomatoes).................................................................................................................. 7

TSA................................................................................................................................................. 8

MEMORANDUM OF UNDERSTANDING................................................................................. 9

COMPLIANCE, LEVELS OF NON-CONFORMITIES, AND CRITERIA FOR REVOCATION 

OF PRIVILEGE TO PARTICIPATE............................................................................................. 9

Levels of Non-Conformities........................................................................................................... 9

Major Non-Conformity............................................................................................................... 9

Critical Non-Conformity............................................................................................................. 9

Assessing Non-Conformities........................................................................................................ 10

Examples of Non-Conformities.................................................................................................... 10

Product Control......................................................................................................................... 10

Sampling Procedures ................................................................................................................ 10

Container Markings – Sample Stamp ....................................................................................... 11

Equipment................................................................................................................................. 11

GUIDANCE IN ASSESSING NON-CONFORMITIES.............................................................. 11

Criteria for Potential and Actual Revocation of Privilege to Participate...................................... 12

APPENDIX I – WAREHOUSE APPROVAL CHECKLIST ...................................................... 13

APPENDIX II – SC-237 EXAMPLE........................................................................................... 14

APPENDIX III – MEMORANDUM OF UNDERSTANDING .................................................. 15

APPENDIX IV – NON-CONFORMITY REPORT..................................................................... 16
SCI Division Inspection Series Tomato Super-Lot Pilot Program

Effective Date: September 2023 Page 1 of 16 

INTRODUCTION

The Specialty Crops Inspection (SCI) Division works in cooperation with State Departments of 

Agriculture, industry associations, and institutions of higher learning to provide inspection 

services at locations throughout the country. The Fresh Produce Association of the Americas 

(FPAA) requested the Agricultural Marketing Service (AMS) to provide a Super-Lot Pilot 

Program for Tomatoes that would include Section 8e and Tomato Suspension Agreement (TSA) 

tomatoes. This Tomato Super-Lot Pilot Program would afford the USDA, state partners, and the 

industry many of the same benefits we have seen in the Table Grape program, especially greater 

efficiency inspecting larger volumes of produce in a very compressed period of time while still 

ensuring that the commodity meets all U.S. import requirements. Participation in an 

“alternative” program is a privilege. Accordingly, non-compliance with program requirements 

will result in loss of the privilege.

The Tomato Super-Lot Pilot Program is focused on packed product that is offered for inspection 

at the port of entry. The applicant provides staff to sample packed product for the FederalState/Federal Inspection Service personnel.

Technical oversight for this Tomato Super-Lot Pilot Program is provided under the authority of 

the Specialty Crops Inspection Division. The reviewing agents are SCI’s Federal Program 

Managers. Under a cooperative agreement, the states’ delivery of receiving market inspection 

services (including the Tomato Super-Lot Pilot Program) is monitored and adjustments are made 

through systematic reviews of documentation and other program indicators provided by the 

cooperative agency.

These instructions are intended to be used by Federal and Federal-State inspection personnel and 

the industry members who choose to apply to participate in the Tomato Super-Lot Pilot Program. 

The purpose of these instructions is to explain the general policy and procedures of the Tomato 

Super-Lot Pilot Program.

GUIDE FOR ELECTRONIC USAGE 

The AIM system of instructional manuals is available electronically in Adobe Acrobat Portable 

Document Format (PDF) at the following intranet address: 

https://usdagcc.sharepoint.com/sites/ams/AMS-SCI/SitePages/Home.aspx. 

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web site with information relating to the subject. Hypertext links the reader to a different page 

within the current manual, or a different manual, with information relating to the subject. For 

example, the hypertext in the Table of Contents allows a reader to go directly to the section of 

interest in the manual by clicking on the section title. 

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SCI Division Inspection Series Tomato Super-Lot Pilot Program

Effective Date: September 2023 Page 2 of 16

• Click on the “Help” tab on the top of any page in Adobe Acrobat, 

• Then click on the “Adobe Acrobat Help” bar, 

• Type the word “Search” in the “Search” box, and click on the “Search” button, 

• A series of options will become available, 

• Click on the “Access Search Features” link and follow the instructions for the type of 

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STATEMENT OF POLICY AND INTENT OF PROGRAM

The Tomato Super-Lot Pilot Program has been developed to meet specific needs of the Nogales 

tomato industry. This program is offered by the United States Department of Agriculture 

(USDA) and its state cooperator allowing the combination of lots consisting of the same brand, 

pack style, variety, size, and signatory (only for Tomato Suspension Agreement (TSA) tomatoes) 

of up to three customs entry numbers to comprise a “Super-Lot.”

In this program, the Federal-State Inspection Service (FSIS) serves as a local oversight agency. 

SCI provides technical oversight of FSIS on a nation-wide basis. FSIS provides technical 

expertise in the inspection of all specialty crops and ensures applicants, suppliers, and customers 

that the product meets grade or specification requirements through Federal-State supervision and 

certification.

This program requires an applicant to adhere to approved product sampling, staging and specific 

warehouse requirements.

GENERAL

The USDA Specialty Crops Inspection Program is authorized under the Agricultural Marketing 

Act of 1946, as amended. This is the only program offered by USDA and its state cooperators 

allowing for the commingling of lots defined in 7 CFR §51.2(d), Carlot.

The intent of the Tomato Super-Lot Pilot Program is to provide the industry with a greater 

efficiency inspecting larger volumes of produce in a very compressed period of time while still 

ensuring that the commodity meets all U.S. import requirements. In order to achieve this goal, 

the United States Department of Agriculture (USDA) and its state cooperator will allow to 

combine shipments of up to three Customs Entry Numbers with the same brand, pack style, 

variety, size, and signatory (only for TSA tomatoes), while maintaining SCI’s responsibility to 

maintain control over product until it has been released into commerce. 
SCI Division Inspection Series Tomato Super-Lot Pilot Program

Effective Date: September 2023 Page 3 of 16

DEFINITIONS

The following terms will be used throughout this handbook and have the meanings as specified 

below regarding the Tomato Super-Lot Pilot Program:

Applicants Specialty crops importers, shippers, growers, and/or their designated 

representatives and other industry entities with a financial interest in the 

product who would request inspection service from USDA or its Federal-State 

cooperators.

AZDA Arizona Department of Agriculture

Customs Entry 

Number

Also referred to as entry number. An alphanumeric number assigned to a lot 

of imported product upon entry into the United States.

DOC Department of Commerce

FSIS Federal-State Inspection Service. USDA and it’s state cooperators.

Lot Any number of containers which contain a product of the same kind located in 

the same conveyance, warehouse, packinghouse, or on the same dock or 

platform and which are available for inspection at the same time: provided 

that: (1) products which are different from each other as to grade, variety, size, 

condition, identification marks, or other factors may be deemed to be separate 

lots; (2) if the applicant requests more than one inspection certificate covering 

different portions of the same lot, the quantity of the lot covered by each 

certificate shall be deemed to be a separate lot; (3) if product is packed in more 

than one size or type of container, each such size shall be deemed to be a 

separate lot; and (4) all imported commodities subject to AMS Section 8e 

regulation must be presented for inspection to AMS or its Federal- State 

partners as separate lots that correspond to each individual Customs Entry 

Number.

MDD Market Development Division

Non-Conformity, 

Major

A major deviation from program requirements, which, if allowed to continue, 

may result in product being improperly certified.

Non-Conformity, 

Critical

A deviation that has resulted in product not being identifiable or has caused 

the condition of the product from a lot to change.

Official Mark Inspection marks, e.g., a “Sample stamp” used to identify samples selected by 

a Federal or Federal-State inspector, or Positive Lot Identification (PLI) that 

ties a certificate to the inspected lot.

Representative 

Sampling

Choosing samples of product that represent all portions of the total lot being 

inspected (e.g., all layers of pallets) proportionate to their size in relation to the 

total lot size.

Stationary Lot A lot of product that is offered for inspection from the same conveyance and 

Customs Entry Number. 

Super-Lot A combination of up to three lots comprised of the same brand, variety, and 

pack representing up to three Customs Entry Numbers. Lots comprising a

Super-Lot must be located adjacent to each other on the warehouse floor to 

form one lot.

TSA Tomato Suspension Agreement
SCI Division Inspection Series Tomato Super-Lot Pilot Program

Effective Date: September 2023 Page 4 of 16

U.S. Customs and 

Border Protection

(U.S. Customs)

The Government agency responsible for administering customs laws, 

including ensuring the application of relevant laws and regulations relating to 

the importation, exportation, movement, and storage of goods.

USDA The United States Department of Agriculture, including the Agricultural 

Marketing Service (AMS), Specialty Crops Program (SCP), Specialty Crops 

Inspection (SCI) Division.

Warehouse Staff Individuals employed by the applicant who are specifically designated to 

perform work for the applicant under the Tomato Super-Lot Pilot Program.

FEDERAL-STATE REQUIREMENTS

Federal-State inspectors provide inspection to the application of the grade standards.

The inspector will perform physical verifications of samples to ensure that the integrity of the 

program is maintained.

When assigning inspectors, FSIS will consider: the grading complexity of the process at the 

warehouse where the product is being inspected, the volume of tomatoes being imported, and the 

availability of the product at the time of the request. FSIS has sole responsibility for determining 

the appropriate level of personnel assigned to each applicant based upon their ability to maintain 

the Tomato Super-Lot Pilot Program requirements.

Role of FSIS

FSIS will train, recommend authorization and provide technical oversight to its licensees. FSIS 

will maintain training programs and training records and provide refresher training each season 

(or more frequently, as necessary). FSIS must sufficiently review the inspection methods and 

results of all licensee’s regarding the need for additional training.

FSIS’ role is to ensure that the warehouse has been approved, using the AZDA warehouse 

checklist prior to inspecting any Super-Lot of tomatoes. FSIS will stamp all samples and ensure 

that they are handled in a manner that does not affect the integrity of the sample. Improper 

handling of official samples by warehouse personnel will be cause for removal from the 

program. FSIS will accomplish these duties through verification of the sample removal 

performed by the warehouse staff and verifying that the samples brought to the inspection table 

are the ones that had been stamped by the inspection service.

After the product is brought to the inspection table FSIS will inspect the product based on USDA 

inspection standards, marketing order requirements and/or TSA Requirements using USDA 

policies and procedures.

In no case, shall applicant staff be USDA-licensed or authorized to conduct supervision on 

behalf of USDA.
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Effective Date: September 2023 Page 5 of 16

Duties of Warehouse Staff Used for Assisting in the Sampling Process

Warehouses participating in the Tomato Super-Lot Pilot Program must:

• Make product readily available, all product offered as a Super-Lot must be adjacent to 

each other. Product cannot be separated by a pathway used for transporting pallets of 

product.

• Retrieve samples that have been identified.

• Place product on inspection tables in a timely manner (no later than 30 minutes after the 

lot had been sample stamped).

• Provide a secure area for the inspectors to work (restrict access to the inspection area 

during the inspection process).

• Leave staged lots undisturbed until they are released by the inspection service.

• Recoup product in a timely manner and replace with a new lot.

• Keep the inspection area clean.

FSIS is not responsible for duties assigned to warehouse staff. Issues with warehouse staff will 

be reported promptly to warehouse management by a FSIS lead inspector or supervisor. These 

issues may be grounds for removal from the program.

REQUESTING A SUPER-LOT INSPECTION

Marketing Order 966 requires that all tomatoes except pear-shaped, cherry, hydroponic, and 

greenhouse, imported into the United States must meet the minimum grade and size requirements 

prior to importation. Grade and size requirements are in effect from October 10 through June 15 

of each year. Compliance with the Marketing Order must be made prior to U.S. Customs final 

release. It is the responsibility of the importer of record or their agent, after conditional release 

by the U.S. Customs, to arrange for an Agricultural Marketing Service (AMS) inspection of the 

product(s). 

Per the Tomato Suspension Agreement of 2019, USDA will inspect all round and Roma 

tomatoes (including stem on) and grape tomatoes in bulk (those in retail packages of 2 pounds or 

more) for quality and condition defects after entering the United States from Mexico. When the 

load is available for inspection, the importer must request the USDA inspection and pay the 

associated fees. Tomatoes on the vine, specialty tomatoes (i.e. grape, cherry, heirloom, cocktail, 

or any other tomato varietal, other than round or Roma tomatoes, with or without stems), and 

grape tomatoes in retail packages of two pounds or less are excluded from this inspection 

requirement.

Requests for inspections should be made to local the inspection office prior to arrival of the 

shipment at the port of entry. If the importer/agent has a contracted inspector assigned to the 

warehouse, request can be made directly to the inspector. All requests for inspection should be 

on the SC-237, noting all Customs Entry Numbers in the “Remarks/Special Instruction” field and 

U.S. Custom Border Protection form (SC-357, 3461, 7533, etc.). The inspection request must 

indicate if the request is for a single or Super-Lot, customs entry number(s) must be readily 

identifiable on the forms. Inspections of tomato Super-Lots may be performed all year around 

for TSA requirements and during the marketing order (October 10 through June 15).
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Effective Date: September 2023 Page 6 of 16 

PRESENTING A SUPER-LOT FOR INSPECTION

All lots must be made accessible to the inspector for an unrestricted inspection. 

Inspections for compliance to the Marketing Order and/or TSA requirements cannot be 

restricted.

Super-Lots must be staged in a dedicated area (free from other product) identified by a map. All 

product representing a Super-Lot must be adjacent to each other and be easily identified by their 

individual customs entry number. It is the importers responsibility to maintain control over the 

product until an inspection certificate has been issued. Failure to maintain control will be cause 

of removal from the program. 

OFFICIAL SAMPLING

“Sampling” means the act of selecting samples of a commodity for the purpose of inspection 

(7 CFR §51.2(u) Sampling).

Only USDA licensed inspectors will officially stamp samples according to SCI sampling rates. 

The licensed inspector will use their sample stamp to select samples before the containers are 

removed from the pallets.

Representative sampling is important. Representative sampling requires samples to be drawn in 

proportionate numbers throughout the lot, including containers in middle layers of the pallet, 

lower layers of the pallet as well as the readily accessible upper layers of the pallet. Selected 

representative samples must be evenly distributed throughout all layers of the pallets in the lot.

After samples are stamped on the pallets, warehouse personnel can remove the containers from 

the lot and place them on the inspection table for inspection. 

INSPECTION SPACE REQUIREMENTS

Participants will need adequate space to allow all samples selected for inspection to be displayed 

vertically and adjacent to each other so that the inspector can properly select sample containers 

in accordance with the regulation (see Figure 1). The minimum space for samples is required to 

allow failed product to be appealed, if requested. 

Figure 1 – Required Sample Placement

Cartons may not be placed horizontally on the inspection table (see Figure 2). 

Figure 2 – Unacceptable Sample Placement
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Effective Date: September 2023 Page 7 of 16 

SAMPLING VERIFICATION

Prior to beginning the examination of fruit, it is the inspector’s responsibility to check the 

sample/carton placed on the inspection table to verify that their sample stamp is on all cartons 

presented for inspection on the table. 

If an inspector is not satisfied with the samples placed on the inspection table by the warehouse 

personnel, the inspector may select and draw their own sample at an additional fee.

REPORTING 8E LOTS

All lots or Super-Lots will be reconciled by entries made on the spreadsheet created by the 

Market Development Division (MDD) for use by Federal-State offices so that each individual 

entry/Customs Entry Number can “message back” to U.S. Customs and Border Protection (CBP) 

indicating the product is either “on hold” or “may proceed.” Spreadsheets should be transmitted 

to MDD no later than two business days following the completion of the inspection. 

REPORTING TSA LOTS

All lots or Super-Lots will be reconciled by entries made on the spreadsheet created by the 

Federal-State Inspection Management Branch for use by Federal- State offices. Spreadsheets 

should be e-mailed to scitsadata@usda.gov no later than two business days following the 

completion of the inspection. 

LOTS THAT FAIL IMPORT REQUIREMENTS

All failed lots will be stamped with a Federal-State Positive Lot Identification Stamp so that the 

product can be traced back to the original certificate. Super-Lots that fail cannot be granted 

entry into the United States and the importer must take one or more of the following steps: 

8e (Imported Tomatoes) 

Options for failed lots: if the Super-Lot fails to meet Section 8e import requirements, the 

importer/agent may:

a. Appeal the Super-Lot inspection results. 

If an appeal is requested the inspector must ensure the lot presented for appeal is properly 

identified and recorded on the appeal sheet for SCI Inspection Operations to rule on the 

appeal. Also, the applicant must have enough space in the warehouse for the samples to 

be displayed. Appeals require double the normal sample rate. Example: for a lot of 1000 

of cartons, 20 representative samples must be drawn instead of the normal sample rate of 

10 samples. 

b. Separate each load by their appropriate customs entry number and present them 

individually by customs entry number as new lots. 
SCI Division Inspection Series Tomato Super-Lot Pilot Program

Effective Date: September 2023 Page 8 of 16 

c. Recondition and reinspect. 

Lot(s) which meet import requirements after reconditioning and re-inspection must have 

a certificate(s) for all units meeting 8e import requirements and reported to MDD using 

the spreadsheet as described above. It is the responsibility of the importer/agent to 

account for the carton/weight equaling the original volume of the imported shipment 

which initially failed 8e import requirements. This can be accomplished by including any 

amount which is dumped and witnessed by the inspector on an inspection certificate. If 

the weights do not reconcile the importer will be contacted by MDD Compliance 

requesting the submitting of all documentation. 

If none of the above options are taken the importer must: 

a. Re-export, 

b. Send shipment to exempt use provided for in the specific commodity’s import 

regulations, or 

c. Destroy, dump, or dispose of the product. 

TSA

Options for failed lots: if the Super-Lot fails to meet TSA import requirements, the importer/ 

agent may:

a. Appeal the Super-Lot inspection results.

If an appeal is requested the inspector must ensure the lot presented for appeal is properly 

identified and recorded on the appeal sheet for SCI Inspection Operations to rule on the 

appeal. Also, the applicant must have enough space in the warehouse for the samples to 

be displayed. Appeals require double the normal sampled rate. Example: for a lot of 

1000 of cartons, 20 representative samples must be drawn (instead of the normal sample 

rate of 10 samples). 

b. Separate each load by their appropriate customs entry number and present them 

individually by customs entry number as new lots. 

c. Recondition and reinspect. 

Lot(s) which meet TSA requirements after reconditioning and re-inspection must have a 

certificate(s) for all units meeting TSA requirements and reported to scitsadata@usda.gov

using the spreadsheet as described in Reporting TSA Lots. It is the responsibility of the 

importer/agent to account for the carton/weight equaling the original volume of the 

imported shipment which initially failed TSA import requirements. This can be 

accomplished by including any amount which is dumped and witnessed by the inspector 

on an inspection certificate. If the weights do not reconcile the importer will be contacted 

by the Department of Commerce requesting the submitting of all documentation. 
SCI Division Inspection Series Tomato Super-Lot Pilot Program

Effective Date: September 2023 Page 9 of 16 

If none of the above options are taken the importer must: 

a. Re-export, or 

b. Destroy, dump, or dispose of the product. 

MEMORANDUM OF UNDERSTANDING

A responsible party at each participating company is required to sign a Memorandum of 

Understanding (MOU) in order to participate in the Tomato Super-Lot Pilot Program. The MOU 

outlines the responsibilities of the participant and FSIS. See Appendix III for a copy of the 

MOU. 

COMPLIANCE, LEVELS OF NON-CONFORMITIES, AND CRITERIA FOR 

REVOCATION OF PRIVILEGE TO PARTICIPATE

Compliance with the requirements of the Tomato Super-Lot Pilot Program is essential for 

continued participation. Non-compliance will result in the assessment of non-conformities when 

they are found during sampling activities (control of lot, maintaining the inspection site, utilizing 

only approved inspection site(s), obtaining samples, etc.) may jeopardize the privilege to 

participate in the Tomato Super-Lot Pilot Program.

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

measures taken. All non-conformities must be corrected immediately under FSIS supervision. 

Non-conformities may result in the loss of the privilege to participate, termination of the MOU, 

and the return to one Customs Entry Number, one certificate for the remainder of the tomato 

importation season. 

Minor deviations from program requirements observed by FSIS (observations) will be brought to 

the attention of applicant staff. Corrective actions may be necessary (by applicant). 

Observations are not “non-conformities;” however, they are potentially hazardous occurrences 

that may become non-conformities if not corrected.

Levels of Non-Conformities

The following definitions will be used regarding levels of non-conformities.

Major Non-Conformity 

A major non-conformity is a major deviation from program requirements, which, if allowed to 

continue, may result in product being improperly certified. 

Critical Non-Conformity 

A critical non-conformity is one which has resulted in product not being identifiable or has 

caused the condition of the product from a lot to change. 
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Effective Date: September 2023 Page 10 of 16 

Assessing Non-Conformities

Non-conformities are assessed according to the severity of the deviation from program 

requirements. A single non-conformity will be assessed for each type of deviation found. 

However, more than one non-conformity may be assessed per day for different types of 

deviations. If you have questions, contact one of your Federal Program Managers to determine 

the severity of the non-conformity. 

Examples of Non-Conformities

The following narrative provides an explanation for compliance in the various categories that 

non-conformities may be assessed. The Guidance in Assessing Non-Conformities chart on the 

following pages provides some examples of non-conformities in these categories and the 

assigned severity. This is not a complete listing. For those issues that may arise but are not 

listed, contact either the Federal Program Manager/Supervisor or licensed State Program 

Manager.

Product Control 

Prior to samples being removed:

Product removed from conveyance needs to be placed in a designated area so that it can be easily 

identified and accessible to the inspector. Product representing more than one customs entry 

number MUST be staged in a dedicated area adjacent with the product from each customs entry 

number easily identified. 

After samples have been removed:

Product being placed in racks or commingled with other product prior to being released by the 

inspector. This makes it difficult to verify that product was inspected and met Section 8e import 

or TSA requirements. Product must remain on the floor and in control of the inspection service 

until the inspector has verified its compliance with regulations and has released it from Customs 

hold. If this occurs the inspector should notify their supervisor immediately. The supervisor 

should have the inspector note under “Remarks” on the certificate “the lot in which the samples 

were taken had been removed and cannot be identified.” The supervisor should email the 

certificate along with any other pertinent information to MDD at complianceinfo@usda.gov (for 

Section 8e Import) or Department of Commerce at tomatoes@trade.gov (for TSA).

Sampling Procedures 

The sampling procedures must be followed. Not following a specific inspection procedure can 

affect the certification of the product and will jeopardize the applicant’s participation in the 

program. 
SCI Division Inspection Series Tomato Super-Lot Pilot Program

Effective Date: September 2023 Page 11 of 16 

Container Markings – Sample Stamp

Sample stamps identify the product that needs to be removed from a specific pallet and placed on 

the inspection table. Product placed on the table MUST have a sample stamp located on one of 

the four sides of the carton. An approved alternative is acceptable on reusable plastic containers 

(RPCs). Non-compliance with container markings makes it difficult to demonstrate identity of 

the product thus invalidating any container without a sample stamp. 

Equipment 

Various equipment is used in the inspection process. All equipment must be used in the intended 

manner. Some equipment must be calibrated or certified prior to use. 

GUIDANCE IN ASSESSING NON-CONFORMITIES

Type of Non-Conformity Examples of Major NonConformities

Examples of Critical NonConformities

Container marking falsified. 

Any marking on a carton which has 

been changed by any means to 

reflect it was stamped is 

falsification. Intent to falsify on the 

part of applicant staff must be 

demonstrated. In the absence of 

clear intent, this will be brought to 

the applicant’s attention.

Note: non-conformities in this 

category will result in the 

immediate removal from the 

program or to the denial of all 

inspection services.

N/A Changing carton to indicate it was 

stamped by the inspection service.

Misrepresenting the Customs 

Entry Numbers. As an Agent for 

the importer of record it is your 

responsibility for the proper 

disposition and documentation of 

all products subject to 8e import or 

TSA requirements. It is vital that 

the proper customs entry number be 

identified for lots presented for

inspection.

N/A Presented product that 

misrepresents the identity of the 

product.
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Type of Non-Conformity Examples of Major NonConformities

Examples of Critical NonConformities

Documented corrective actions. 

Failure to make corrective actions 

taken on a documented nonconformity. 

N/A Disregards for previously issued 

non-conformity. 

Removal of product from the 

staging area before being released 

by the inspector and 

commingling with previously 

inspected product. 

This could result in the product 

losing its identity

N/A If the inspector cannot positively 

identify the product in question its 

identity would be lost.

This violation would require the 

incident to be reported to MDD 

Office of Enforcement and 

Compliance. 

Incorrect number of samples 

placed on the inspection table. 

It is verified that all samples were 

not pulled from the lot, a corrective 

action must be taken.

Corrective action taken, but not 

complete or not effective in 

controlling the problem. 

A repeat of the same corrective 

action without modification and 

without correcting the root cause. 

Warehouse personnel have not 

begun the sampling process. 

Since the implementation of the 

program is to expedite the 

inspection process. Stamped 

samples must be placed on the table 

no later than 30 minutes after the 

last sample was stamped.

Corrective action taken, but not 

complete or not effective in 

controlling the problem.

No more than three issues are 

allowed in a week (7-day period). 

More than 3 violations in a week. 

A repeat of the same corrective 

action without modification and 

without correcting the root cause.

Handling product in a manner 

that may alter its condition. 

Rough handling of product 

(dropping cartons on the ground, 

using the fork of a forklift to 

penetrate the carton above or below 

the selected sample to retrieve the 

selected carton.

N/A This could result in the inaccurate 

certification since the samples 

would no longer represent the lot. 

Fork penetrating cartons could pose 

a food safety risk as well as 

allowing inferior product entry into 

the supply chain.

Criteria for Potential and Actual Revocation of Privilege to Participate 

More than one (1) major non-conformity at any inspection site per day; more than two (2) 

consecutive days with major non-conformities in the same area; or more than three (3) major 

non-conformities per week will result in expulsion from the program. 

One (1) critical non-conformity at any inspection site will result in expulsion from the program 

for the remainder of the season and may result in disqualification from any inspection services. 

FSIS program management (or designee) will periodically review the Tomato Super-Lot Pilot 

Program to identify areas of concern or non-conformities, which are repeated over a period of 

time. This review may identify problems that may not be evident during normal FSIS inspection 

visits. 
SCI Division Inspection Series Tomato Super-Lot Pilot Program

Effective Date: September 2023 Page 13 of 16 

APPENDIX I – WAREHOUSE APPROVAL CHECKLIST 

Electronic version of the Warehouse Approval Checklist
SCI Division Inspection Series Tomato Super-Lot Pilot Program

Effective Date: September 2023 Page 14 of 16 

APPENDIX II – SC-237 EXAMPLE 

Electronic version of the SC-237
SCI Division Inspection Series Tomato Super-Lot Pilot Program

Effective Date: September 2023 Page 15 of 16 

APPENDIX III – MEMORANDUM OF UNDERSTANDING

Electronic version of the Memorandum of Understanding
SCI Division Inspection Series Tomato Super-Lot Pilot Program

Effective Date: September 2023 Page 16 of 16 

APPENDIX IV – NON-CONFORMITY REPORT

Electronic version of the Non-Conformity Report