§ 868.36 Loss of identity.

(a) Lots. The identity of a packaged lot, bulk lot, or sublot of a commodity shall be considered lost if: (1) A portion of the commodity is unloaded, transferred, or otherwise removed from the carrier or location after the time of original inspection, unless the identity is preserved; or (2) More commodity or other material, including a fumigant or insecticide, is added to the lot after the original inspection was performed, unless the addition of the fumigant or insecticide was performed in accordance with the instructions; or (3) At the option of official personnel performing an appeal inspection or Board appeal inspection service, the identity of a commodity in a closed carrier or container may be considered lost if the carrier or container is not sealed or the seal record is incomplete. (b) Carriers and containers. The identity of a carrier or container shall be considered lost if (1) the stowage area is cleaned, treated, fumigated, or fitted after the original inspection was performed or (2) the identification has been changed since the original inspection. (c) Submitted sample. The identity of a submitted sample of a commodity shall be considered lost if: (1) The identifying number, mark, or symbol for the sample is lost or destroyed; or (2) The sample has not been retained and protected by official personnel as prescribed in the regulations and the instructions.