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(13)
(13) “Undesirable honeybees" means either of the following:
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(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(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)(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)(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)(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)(a)(a) The department shall act on a permit application within 30 business days after a complete application is filed with the department, except that the department shall act:
ATCP 21.04(6)(a)1.
1. Within 60 days if the applicant seeks a permit to move a genetically engineered pest or biological control agent.
ATCP 21.04(6)(a)2.
2. Within 120 days if the applicant seeks a permit to release a genetically engineered pest or biological control agent into the environment of this state.
ATCP 21.04(6)(b)
(b) The department may deny an application without prejudice to a subsequent re-application if additional time or information is required for an environmental assessment.
ATCP 21.04 History
History: Cr.
Register, November, 1990, No. 419, eff. 12-1-90; am. (1) (intro.), cr. (2) (e),
Register, December, 1994, No. 468, eff. 1-1-95; correction in (2) (b) and (c) made under s. 13.93 (2m) (b) 7., Stats.,
Register, March, 1999, No. 519.
ATCP 21.05
ATCP 21.05
Inspection and certification services; fees. ATCP 21.05(1)(1)
Services available. The department may inspect plants, plant products, bee colonies, and other materials at the request of any person, in order to certify that the materials are free of pest infestations or disease, or to facilitate interstate or international movement of the materials. A person requesting inspection or certification services under this subsection shall pay a fee for the services, as provided under sub.
(3). Inspections initiated by the department for survey, enforcement, or nursery licensing purposes do not constitute service inspections for which a fee is required.
ATCP 21.05 Note
Note: Inspection and certification of certain plants and commodities is required by the state of destination, or by federal or international law, as a condition to the interstate or international shipment of those plants or commodities.
ATCP 21.05(1m)
(1m)
Form of certification. The department may issue a certification under sub.
(1) in the form of a phytosanitary certificate, plant health certificate, apiary inspection certificate, certificate of identity, certificate of origin, or other form, as appropriate.
ATCP 21.05(2)
(2)
Request for inspection or certification. A person requesting inspection or certification services under this section shall file the request with the department at least 10 days before the requested inspection date. The department may waive the 10 day notice requirement for good cause shown. A request shall specify the purpose for which inspection or certification is required.
ATCP 21.05(3)(a)
(a) General. Except as provided in par.
(c), the department shall charge a fee of $50 for each certificate issued under this section. There is no other inspection charge, except as provided in par.
(b). The department shall charge a $15 fee to reissue a lost certificate or to issue an amended certificate.
ATCP 21.05(3)(b)
(b) Field inspections. Fees for field inspection of crops including corn, sunflowers, soybeans, onions, potatoes, snap beans, and turf are $1.50 per acre, with a minimum fee of $50.
ATCP 21.05(3)(c)
(c) Certificate of identity or origin. The department shall charge a fee of $15 for each of the following:
ATCP 21.05(3)(c)1.
1. A certificate that certifies the identity or origin of plants or plant products, without certifying that the plants or plant products are free of pest infestation or disease.
ATCP 21.05(3)(d)
(d) Service inspections integrated with other inspections. Whenever possible, service inspections under this section shall be integrated with other routine or regularly scheduled inspections, to minimize overall program costs and make efficient use of department personnel.
ATCP 21.05(3)(e)
(e) Inspection fees paid to department; delinquent fees. Fees under this section are due and payable within 30 days after the billing date. The department may bring an action in court to collect any delinquent payment, and may refuse any further inspection or certification service until fees are paid in full.
ATCP 21.05 History
History: Cr.
Register, November, 1990, No. 419, eff. 12-1-90;
CR 02-121: cr. (1m), r. and recr. (3) (a) to (c)
Register July 2003 No. 571, eff. 8-1-03.
ATCP 21.10
ATCP 21.10
Spongy moth; import controls and quarantine. ATCP 21.10(1)(1)
Trees, unprocessed forest products, and shrubs from infested areas. ATCP 21.10(1)(a)
(a) Except as provided under sub.
(3), no person may import into this state any trees, woody shrubs, cut Christmas trees, logs, pulpwood, slabwood, firewood, or wood chips that originate from a spongy moth regulated area designated by the United States department of agriculture under
7 CFR 301.45-2a.
ATCP 21.10(1)(b)
(b) Except as provided under sub.
(3), no person may move any trees, woody shrubs, cut Christmas trees, logs, pulpwood, slabwood, firewood, or wood chips out of any area in this state which the United States department of agriculture has designated as a spongy moth regulated area under
7 CFR 301.45-2a.
ATCP 21.10(2)
(2)
Used outdoor household items; commercial movement from infested areas. Except as provided under sub.
(3), no common carrier may do either of the following:
ATCP 21.10(2)(a)
(a) Transport into this state, for delivery in this state, any outdoor household item that has been used in a spongy moth regulated area designated by the United States department of agriculture under
7 CFR 301.45-2a.
ATCP 21.10(2)(b)
(b) Transport, out of an area in this state which the United States department of agriculture has designated as a spongy moth regulated area under
7 CFR 301.45-2a, any outdoor household item that has been used in that area.
ATCP 21.10(3)
(3)
Inspected and certified items. Subsections
(1) and
(2) do not apply to items that are inspected and certified by a pest control official in the state or province of origin, provided that the items are accompanied by a written certificate issued by the pest control official who inspected those items. The certificate shall identify the date of inspection and the items inspected. In the certificate, the pest control official shall certify at least one of the following:
ATCP 21.10(3)(a)
(a) That the inspected items originate from non-infested premises and have not been exposed to spongy moth infestation.
ATCP 21.10(3)(b)
(b) That the inspected items were found, at the time of inspection, to be free of spongy moth infestation.
ATCP 21.10(3)(c)
(c) That the inspected items have been effectively treated to destroy the spongy moth. The certificate shall specify the method and date of treatment.
ATCP 21.10(3)(d)
(d) That the inspected items are produced, processed, stored, handled, or used under conditions, described in the certificate, that effectively preclude the transmission of any spongy moth infestation.
ATCP 21.10 History
History: Cr.
Register, December, 1994, No. 468, eff. 1-1-95;
CR 22-080: am. (title), (1), (2) (a), (b), (3) (a) to (d) Register February 2024 No. 818, eff. 3-1-24.
