(a) Lots. The identity of a packaged lot, bulk lot, or sublot of a commodity shall be considered lost if:

1. (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. (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. (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.

(c) Submitted sample. The identity of a submitted sample of a commodity shall be considered lost if:

1. (1) The identifying number, mark, or symbol for the sample is lost or destroyed; or
2. (2) The sample has not been retained and protected by official personnel as prescribed in the regulations and the instructions.