The molecular identity of aflatoxin producing aspergillus was studied in fresh pistachio in Kerman province.Diagnostic PCR method was used in this study, in the experiment, a regulatory gene called aflR in all the samples that were infected genuse aspergillus produce aflatoxin was used for confirmation of the presence of genes. Molecular results showed that 36 fresh pistachios samples that were purposefully selected, 25 samples were healthy and only 11 were contaminated. Results showed that from infected samples, fungal infections contained aspergillus (54.54%), Penicillium (18.18%), penicillium and aspergillus, mucor, saprophyte, each was observed 9.09% and the aspergillus produce aflatoxin regulatory gene was found only in 4 cases.