CR 22-080 Rule Text

Telephone at [phone]

The Regulatory Flexibility Analysis is attached.

Department Contact Person

Jill Hoskins

Division of Agricultural Resource Management

Department of Agriculture, Trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

[phone]

[e-mail]

Place Where Comments are to Be Submitted and Deadline for Submission:

Comments must be received on or before December 27, 2022 to be included in the record of rule-making proceedings. Submit comments:

By mail to:

Jill Hoskins

Division of Agricultural Resource Management

Department of Agriculture, Trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

By email to: [e-mail]

_____________________________________________________________________________________

RULE TEXT

Section 1. ATCP 21.01 (8) is amended to read:

ATCP 21.02 (8) “GypsySpongy moth" means the live insect, Lymantria dispar, family Lymantriidae, in any life stage, including the egg, larva, pupa, or adult stage.

Section 2. ATCP 21.01 (15) is repealed.

Section 3. ATCP 21.10, (title), is amended to read:

ATCP 21.10 (title) GypsySpongy moth; import controls and quarantine.

Section 4. ATCP 21.10 (1) (a) and (b) is amended to read:

ATCP 21.10 (1) (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 gypsyspongy moth regulated area designated by the United States department of agriculture under 7 CFR 301.45-2a.

(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 gypsyspongy moth regulated area under 7 CFR 301.45-2a.

Section 5. ATCP 21.10 (2) (a) and (b) is amended to read:

ATCP 21.10 (2) (a) Transport into this state, for delivery in this state, any outdoor household item that has been used in a gypsyspongy moth regulated area designated by the United States department of agriculture under 7 CFR 301.45-2a.

(b) Transport, out of an area in this state which the United States department of agriculture has designated as a gypsyspongy moth regulated area under 7 CFR 301.45-2a, any outdoor household item that has been used in that area.

Section 6. ATCP 21.10 (3) is amended to read:

ATCP 21.10 (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:

(a) That the inspected items originate from non-infested premises and have not been exposed to gypsyspongy moth infestation.

(b) That the inspected items were found, at the time of inspection, to be free of gypsyspongy moth infestation.

(c) That the inspected items have been effectively treated to destroy the gypsyspongy moth. The certificate shall specify the method and date of treatment.

Note: Effective treatment methods include the methods described in the “Gypsy Moth Program Manual” published by the United States department of agriculture, animal and plant health inspection service (USDA-APHIS). A copy of the manual may be inspected at the department, or may beobtained from USDA-APHIS or viewed online at: https://www.aphis.usda.gov/aphis/ourfocus/planthealth/complete-list-of-electronic-manuals/ct_online_manuals.

(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 gypsyspongy moth infestation.

Section 7. ATCP 21.13 (2) (c) is amended to read:

ATCP 21.13 (2) (c) A pest control official may use any of the following methods to certify that honeybees are European honeybees:

1. The Fast Africanized Bee Identification System published by the United States department of agriculture, agricultural research service.

Note: Copies of the Fast Africanized Bee Identification Systems (FABIS) are on file with the department and the legislative reference bureau. Copies are available at cost from the department.

2.1. The Morphometric Method for Identification of Africanized and European Honey Bees Using Large Reference Populations.

Note: The Morphometric Method for Identification of Africanized and European Honey Bees Using Large Reference Populations is described in Rinderer et al., “Morphometric identification of Africanized and European honey bees using large reference populations," Apidologie (1993) 24, 569-585. Copies of this article are on file with the department and the legislative reference bureau. Copies are available at cost from the department.

3.2. Any other method approved by the department.

Section 8. ATCP 21.13 (3) is repealed.

Section 9. ATCP 29.10 (3) (c) is amended to read:

ATCP 29.10 (3) (c) A report that does both of the following:

1. Iidentifies each pesticide product that the applicant sells or distributes.

2. States the gross revenue which the applicant derived from the sale or distribution of each pesticide product, for use in this state, during the preceding year as defined under s. ATCP 29.11 (1) (d). The department may not disclose sales revenue information obtained under this subdivision.

Section 10. ATCP 29.11 (1) (d) is repealed.

Section 11. ATCP 29.11 (2) is amended to read:

ATCP 29.11 (2) Annual license fee. An applicant for a license under s. ATCP 29.10 shall pay an annual license fee for each pesticide product that the applicant sells or distributes for use in this state during the license year. Except as provided in subs. (5) to (7), the fee for each pesticide product is $500.as follows:

Section 12. ATCP 29.11 (2) (a), (b) and (c) are repealed.

Section 13. ATCP 29.11 (3) is amended to read:

ATCP 29.11 (3) Nonhousehold pesticides; cleanup surcharge. An applicant for a license under s. ATCP 29.10 shall pay an agricultural chemical cleanup surcharge for each nonhousehold pesticide product that the applicant sells or distributes. Except as provided in sub. (6) or (7), the amount of the surcharge is $30.as follows:

Section 14. ATCP 29.11 (3) (a), (b), (c) and (3m) are repealed.

Section 15. ATCP 29.11 (5) is amended to read:

ATCP 29.11 (5) Unreported pesticide; increased license fee. If a person sells or distributes a pesticide product without having filed a report for that product under s. ATCP 29.10 (3) (c) or (4), the license fee for that product is twice the amount determined under sub. (2), except that if the pesticide product is exempt from federal registration under 40 CFR 152.25, the license fee for that product is $250.

Section 16. ATCP 29.11 (6) (b) is repealed.

Section 17. ATCP 29.11 (6) (c) is amended to read:

ATCP 29.11 (6) (c) By March 31 of the year followingDecember 31 of the year in which the person stopped selling the pesticide product for use in this state, pay a final license fee of $500 for the pesticide product, calculated under sub. (2) based on sales of that product during the period specified in par. (b).

Section 18. ATCP 29.11 (6) (d) is amended to read:

ATCP 29.11 (6) (d) If the product is a nonhousehold pesticide, pay a final agricultural chemical cleanup surcharge of $30calculated under sub. (3) based on sales of that product during the period specified in par. (b).

Section 19. ATCP 29.15 (4) (b) is amended to read:

ATCP 29.15 (4) (b) An agricultural chemical cleanup surcharge of $22.4020, except as provided in s. 94.73 (15), Stats.

Section 20. ATCP 29.20 (6) (b) is amended to read:

ATCP 29.20 (6) (b) Beginning with the license year that begins on January 1, 2015, an agricultural chemical cleanup surcharge of $30.40An agricultural chemical cleanup surcharge of $20, except as provided in sub. (c). or s. 94.73 (15), Stats.

Section 21. ATCP 29.20 (6) (c) is created to read:

ATCP 29.20 (6) (c) If the applicant manufactures or distributes bulk pesticides in this state, an additional agricultural chemical cleanup surcharge of $25, except as provided in s. 94.73 (15), Stats.

Section 22. ATCP 29.25 (5) (a) is amended to read:

ATCP 29.25 (5) (a) Except as provided under par. (b), an applicant for an annual license under sub. (1) shall pay the following annual license fee and surcharge:

1. A license fee of $40.

Note: Section 1943, 1999 Wis. Act 9, added January 1, 2001 and January 1, 2002 to this requirement.

2. An agricultural chemical cleanup surcharge of $11.2010, except as provided in s. 94.73 (15), Stats.

Section 23. ATCP 35.04 (5) (b) is amended to read:

ATCP 35.04 (5) (b) Installation of an engineered barrier to limit infiltration of existing contamination, provided that the responsible person agrees in writing to maintain the barrier at his or hertheir expense until the contamination is removed or fully degraded.

Section 24. ATCP 35.06 (3) (c) is amended to read:

ATCP 35.06 (3) (c) If any person has reason to believe that he or shethey hashave received any reimbursement for which he or shethey isare ineligible under this subsection, that person shall immediately notify the department and shall refund with the notification the full amount of any reimbursement for which the responsible person is ineligible.