Chapter ATCP 21

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.

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) (3) Fees for inspection and certification.

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)(c)2. 2. A ginseng shipment certificate under s. 94.50 (3), Stats.

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 Note 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 obtained from USDA-APHIS or viewed online at: https://www.aphis.usda.gov/aphis/ourfocus/planthealth/complete-list-of-electronic-manuals/ct_online_manuals.

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.

ATCP 21.13 ATCP 21.13 Honeybees; import controls.

ATCP 21.13(1) (1) Reporting import shipments.

ATCP 21.13(1)(a) (a) No person may ship live honeybees or used beekeeping equipment into this state without first reporting the import shipment to the department in writing. A single report may cover 2 or more import shipments made in the same calendar year.

ATCP 21.13(1)(b) (b) A report under par. (a) shall include all of the following information for each import shipment covered by the report:

ATCP 21.13(1)(b)1. 1. The name and address of the person making the import shipment.

ATCP 21.13(1)(b)2. 2. A description of the import shipment. The description shall indicate whether the shipment includes any beehive or used beekeeping equipment, or whether it includes only a queen, a queen and attendant honeybees, or adult honeybees.

ATCP 21.13(1)(b)3. 3. The expected date of the import shipment. If 2 or more import shipments are covered by the same report, the report need only include the expected date of the first import shipment.

ATCP 21.13(1)(b)4. 4. The name and address of the beekeeping operation from which the import shipment will originate, including the state, county and local address of that operation.

ATCP 21.13(1)(b)5. 5. The name and address of the person receiving the import shipment in this state if that person is a wholesale distributor of honeybees or beekeeping equipment.

ATCP 21.13(1)(b)6. 6. The original copy of each certificate required in connection with the import shipment under subs. (2) to (4). Each certificate shall be issued by a pest control official in the state of origin, prior to the import shipment date. Each certificate shall be based on an inspection performed by the pest control official within 12 months prior to the import shipment date. A single certificate may cover 2 or more import shipments and may combine certifications under subs. (2) to (4).

ATCP 21.13(2) (2) Species certification.

ATCP 21.13(2)(a) (a) Except as provided under par. (b), no person may ship into this state any live honeybees or used beekeeping equipment originating from a county or parish in which, according to the National Agricultural Pest Insect Survey published by the United States department of agriculture, undesirable honeybees have been found.

ATCP 21.13 Note Note: The National Agricultural Pest Insect Survey (NAPIS), which is published on a regular periodic basis by the United States department of agriculture, identifies counties in which Africanized honeybees and other undesirable honeybees have been found. Recent issues of the National Agricultural Pest Insect Survey are available from the department.

ATCP 21.13(2)(b) (b) Paragraph (a) does not apply to either of the following:

ATCP 21.13(2)(b)1. 1. Honeybees that a pest control official certifies under par. (c) as being European honeybees.

ATCP 21.13(2)(b)2. 2. Used beekeeping equipment that a pest control official certifies as being free of live honeybees.

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

ATCP 21.13(2)(c)1. 1. The Fast Africanized Bee Identification System published by the United States department of agriculture, agricultural research service.

ATCP 21.13 Note 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.

ATCP 21.13(2)(c)2. 2. The Morphometric Method for Identification of Africanized and European Honey Bees Using Large Reference Populations.

ATCP 21.13 Note 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.

ATCP 21.13(2)(c)3. 3. Any other method approved by the department.

ATCP 21.13(4) (4) American foulbrood certification.

ATCP 21.13(4)(a) (a) No person may ship live honeybees into this state unless those honeybees originate from a colony which a pest control official has certified as being apparently free of American foulbrood.