Chapter ATCP 21

Chapter ATCP 21

PLANT INSPECTION AND PEST CONTROL

ATCP 21.01   Definitions.

ATCP 21.02   Pest surveys and inspections; information.

ATCP 21.03   Pest quarantines and abatement orders.

ATCP 21.04   Pests and biological control agents; permit to move or release.

ATCP 21.05   Inspection and certification services; fees.

ATCP 21.10   Spongy moth; import controls and quarantine.

ATCP 21.13   Honeybees; import controls.

ATCP 21.14   Potato rot nematode.

ATCP 21.15   Potato late blight.

ATCP 21.16   Hemlock woolly adelgid; import controls and quarantine.

ATCP 21.18   Asian longhorned beetle; import controls and quarantine.

ATCP 21.19   Phytophthora ramorum; import controls and quarantine.

ATCP 21.20   Treated firewood from certified sources.

ATCP 21.22   Mountain Pine Beetle; import controls and quarantine.

ATCP 21.23   Elongate hemlock scale; import controls and quarantine.

Ch. ATCP 21 Note Note: Chapter Ag 21 as it existed on November 30, 1990 was repealed and a new ch. Ag 21 was created effective December 1, 1990; Chapter Ag 21 was renumbered ch. ATCP 21 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448.

ATCP 21.01 ATCP 21.01 Definitions. As used in this chapter:

ATCP 21.01(1) (1) “Africanized honeybee” means any African honeybee, any hybrid of an African honeybee, or any hybrid of that hybrid.

ATCP 21.01(2) (2) “American foulbrood” means Paenibacillus larvae and related pathogens.

ATCP 21.01(2r) (2r) “Asian longhorned beetle” means the live insect, Anoplophora glabripennis (Motschulsky), family Cerambycidae, in any living stage of development.

ATCP 21.01(3) (3) “Beehive” means a honeybee colony and any equipment used to house that colony. “Beehive” does not include a package or shipment consisting only of a queen, a queen and attendant honeybees, or adult honeybees.

ATCP 21.01(4) (4) “Biological control agent” has the meaning specified in s. 94.03 (2), Stats.

ATCP 21.01(5) (5) “Colony” means a group of honeybees consisting of a queen, adult honeybees, and brood.

ATCP 21.01(6) (6) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.

ATCP 21.01(6p) (6p) “Firewood” means wood sold or distributed and used for burning for heat, or for recreational burning, and includes home heating and campfire wood.

ATCP 21.01(6r) (6r) “Firewood dealer” means a person who sells or distributes 20 or more cords of firewood each year in this state and whose primary business location is in Wisconsin.

ATCP 21.01(7) (7) “Genetically engineered pest or biological control agent” means a pest or biological control agent produced in any part by recombinant DNA or recombinant RNA technology.

ATCP 21.01(8) (8) “Spongy moth” means the live insect, Lymantria dispar, family Lymantriidae, in any life stage, including the egg, larva, pupa, or adult stage.

ATCP 21.01(8g) (8g) “Hemlock” means a tree or shrub of the genus Tsuga, including all cultivars.

ATCP 21.01(8r) (8r) “Hemlock woolly adelgid” means the live insect, Adelges tsugae, family Adelgidae, in any life stage.

ATCP 21.01(8w) (8w) “Infestation” means the presence of a regulated plant pest, or conditions that make it reasonable to believe that a regulated plant pest is present.

ATCP 21.01(9) (9) “Person” means an individual, corporation, partnership, cooperative, limited liability company, trust, or other legal entity.

ATCP 21.01(10) (10) “Pest” has the meaning specified in s. 93.01 (10), Stats. “Pest” includes honeybee diseases, pests of honeybees, and undesirable honeybees.

ATCP 21.01(11) (11) “Pest control official” means a federal, state, or provincial government official or agent who is accredited by the United States department of agriculture to certify that plants, honeybees, or other items are free of pests.

ATCP 21.01(12m) (12m) “Treated firewood” means firewood that a firewood dealer certified under s. ATCP 21.20 (2) has treated, at a location identified in s. ATCP 21.20 (2) (c) 3., according to the dealer’s representations under s. ATCP 21.20 (1) (b).

ATCP 21.01(13) (13) “Undesirable honeybees” means either of the following:

ATCP 21.01(13)(a) (a) Africanized honeybees.

ATCP 21.01(13)(b) (b) Honeybee species which, because of their undesirable genetic traits, are declared by the department or the United States department of agriculture to be pests.

ATCP 21.01 Note Note: See ss. 93.01 (10) and 94.69 (1), Stats., and s. ATCP 29.02, Wis. Adm. Code.

ATCP 21.01(14) (14) “Used beekeeping equipment” means any equipment previously used as part of a beehive, and includes a drawn comb.

ATCP 21.01 History History: Cr. Register, November, 1990, No. 419, eff. 12-1-90; renum. (1) to (3) to be (4), (6) and (7), r. (4), cr. (1) to (3), (5) and (8) to (15), Register, December, 1994, No. 468, eff. 1-1-95; CR 01-076: am. (2) and (15), r. (9), Register October 2002 No. 562, eff. 11-1-02; CR 02-121: cr. (8g) and (8r) Register July 2003 No. 571, eff. 8-1-03; CR 06-008: cr. (2g), (2r), (6m) and (8w) Register October 2006 No. 610, eff. 11-1-06; CR 07-085: cr. (6p), (6r), (9) and (12m), Register March 2008 No. 627, eff. 4-1-08; renumbering of (12m) from (10), as created, made under s. 13.92 (4) (b) 1., Stats., Register March 2008 No. 627; CR 11-051: am. (6p), (6r) Register July 2012 No. 679, eff. 8-1-12; CR 22-022: r. (2g), (6m), am. (8g), r. (12) Register June 2023 No. 810, eff. 7-1-23; CR 22-080: am. (8), r. (15) Register February 2024 No. 818, eff. 3-1-24.

ATCP 21.02 ATCP 21.02 Pest surveys and inspections; information. The department may conduct surveys and inspections to detect and monitor pest infestations in this state, and to establish a data base for certification and pest control decisionmaking. The department may disseminate pest information to agricultural producers and others, and may charge fees to cover actual costs of publication. In order to conduct a survey or inspection under this section, the department may exercise its inspection authority under ss. 93.08 and 94.01, Stats.

ATCP 21.02 History History: Cr. Register, November, 1990, No. 419, eff. 12-1-90.

ATCP 21.03 ATCP 21.03 Pest quarantines and abatement orders.

ATCP 21.03(1) (1) Pest quarantine order. The department may issue a summary quarantine order if, in the department’s judgment, the order is necessary to prevent or control the spread of suspected pests. A quarantine order may prohibit the movement of any pest, or any plant, pest host, or pest-harboring material which may transmit or harbor a pest. A quarantine order issued under this subsection may prohibit the movement of bees, bee colonies, or bee apparatus.

ATCP 21.03 Note Note: See ss. 94.01 (1) and (2), 93.07 (10) and 94.76, Stats.

ATCP 21.03(2) (2) Pest abatement order. The department may issue a summary pest abatement order under s. 94.02 (1), Stats., if, in the department’s judgment, the order is necessary to prevent or control a hazard to plant or animal life in this state. A pest abatement order may require the destruction or removal of pests, plants, pest hosts, or pest-harboring materials within 10 days. A pest abatement order under this section may require the destruction or removal of bees, bee colonies, or bee apparatus.

ATCP 21.03(3) (3) Serving the order. An order under sub. (1) or (2) shall be served on a person having custody or control of the affected property or material, or shall be posted on the premises affected by the order. An order under sub. (1) or (2) may be served by any of the following methods:

ATCP 21.03(3)(a) (a) Personal service.

ATCP 21.03(3)(b) (b) Certified mail.

ATCP 21.03(3)(c) (c) Posting a copy of the order at 2 conspicuous places on the premises affected by the order.

ATCP 21.03(4) (4) Proof of service. Service of an order under sub. (1) or (2) may be proved by affidavit or certified mail return receipt.

ATCP 21.03(5) (5) Contents of order. An order under sub. (1) or (2) shall contain the following information:

ATCP 21.03(5)(a) (a) The name and address of a person having custody or control of the property or material affected by the order, if known.

ATCP 21.03(5)(b) (b) A description of the plants or other materials affected by the order.

ATCP 21.03(5)(c) (c) A description of the premises affected by the order.

ATCP 21.03(5)(d) (d) The reason for the order.

ATCP 21.03(5)(e) (e) All terms and conditions applicable to the order.

ATCP 21.03(5)(f) (f) Notice that persons adversely affected by the order may request a hearing to review the order.

ATCP 21.03(6) (6) Duration of quarantine. A quarantine under sub. (1) remains in effect until the department releases the quarantine in writing, unless the quarantine is set aside after review under sub. (7).

ATCP 21.03(7) (7) Review of orders. A person adversely affected by an order under sub. (1) or (2) may, within 10 days after the order is served, request a hearing before the department to review the order. The department shall conduct an informal hearing as soon as reasonably possible, and not later than 10 days after receiving a request for hearing. If the matter is not resolved after informal hearing, the person requesting the hearing may seek a formal hearing before the department under ch. 227, Stats. A request for hearing does not stay an order under sub. (1) or (2).

ATCP 21.03 History History: Cr. Register, November, 1990, No. 419, eff. 12-1-90.

ATCP 21.04 ATCP 21.04 Pests and biological control agents; permit to move or release.

ATCP 21.04(1) (1) Permit required. Except as provided under sub. (2), no person may knowingly do any of the following without a permit from the department as required under s. 94.03, Stats.:

ATCP 21.04(1)(a) (a) Import any pest or biological control agent into this state.

ATCP 21.04(1)(b) (b) Move or distribute any pest or biological control agent within this state.

ATCP 21.04(1)(c) (c) Release any pest or biological control agent into the environment in this state.

ATCP 21.04 Note Note: Under s. 146.60, Stats., if the release of a genetically engineered organism is subject to review or regulation by a federal agency, no person may release that organism into the environment of this state without first notifying the department or the department of natural resources. The notification requirement under s. 146.60, Stats., may apply, regardless of whether the genetically engineered organism is a pest or biological control agent for which a permit is required under this section.

ATCP 21.04(2) (2) Exemptions. No permit is required under sub. (1) for any of the following:

ATCP 21.04(2)(a) (a) A pesticide registered by the federal environmental protection agency under 7 USC 136 et seq.

ATCP 21.04(2)(b) (b) A pesticide registered by the department under s. ATCP 29.72 to meet a special local need in this state.

ATCP 21.04(2)(c) (c) A pesticidal material distributed or used under an experimental use permit issued by the department under s. ATCP 29.71.

ATCP 21.04(2)(d) (d) A pest or biological control agent which is indigenous throughout this state, provided that the pest or biological control agent is not restricted by federal or state rule or quarantine order.

ATCP 21.04(2)(e) (e) An agricultural, horticultural, or silvicultural plant that suppresses or controls plant pests or pathogens, provided that the plant has not been declared to be a pest under state or federal law.

ATCP 21.04(3) (3) Generic permits. The department may issue a generic permit for recurring similar movements of pests or biological control agents by a permit holder, under conditions prescribed by the department.

ATCP 21.04(4) (4) Permit conditions. The department may prescribe permit conditions which it considers necessary to prevent or limit a pest hazard in this state.

ATCP 21.04(5) (5) Permit application. A permit application shall be made in writing on a form prescribed by the department. An application shall include all relevant information required by the department, including environmental assessment information if required under ch. ATCP 3.

ATCP 21.04(6) (6) Action on permit.