Chapter ATCP 21

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.

ATCP 21.13(4)(b) (b) A pest control official may certify that colonies found at any location are apparently free of American foulbrood if the pest control official visually examines at least 20% of the colonies at that location, and finds evidence of American foulbrood in fewer than 3% of the colonies examined.

ATCP 21.13(4)(c) (c) No person may ship used beekeeping equipment into this state unless a pest control official first certifies that the beekeeping equipment is apparently free of American foulbrood.

ATCP 21.13 History History: Cr. Register, December, 1994, No. 468, eff. 1-1-95; CR 22-080: r. (3) Register February 2024 No. 818, eff. 3-1-24.

ATCP 21.14 ATCP 21.14 Potato rot nematode.

ATCP 21.14(1) (1) Definitions. In this section:

ATCP 21.14(1)(a) (a) “Adjacent field” means any parcel of land contiguous to an infested field.

ATCP 21.14(1)(b) (b) “Certified seed potatoes” means seed potatoes which have been inspected and certified by the college as having been produced under, and meeting field and bin inspection standards and requirements under, ch. ATCP 156, and which have been graded and certified by the department as being of a grade specified under ch. ATCP 156.

ATCP 21.14(1)(c) (c) “College” means the college of agricultural and life sciences of the University of Wisconsin.

ATCP 21.14(1)(d) (d) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.

ATCP 21.14(1)(e) (e) “Exposed field” means any parcel of land which may have been exposed to infestation by the potato rot nematode because of the movement of potatoes, machinery, or equipment, or through any other means.

ATCP 21.14(1)(f) (f) “Infested field” means any parcel of land which is declared to be an infested field under sub. (3), or which is known to be currently infested in fact with potato rot nematode.

ATCP 21.14(1)(g) (g) “Potato rot nematode” means the nematode (Ditylenchus destructor) which attacks potatoes, causing rot.

ATCP 21.14(1)(h) (h) “Quarantine” means an order of the department requiring isolation of the material named and prohibiting its movement or disposition except as authorized by the department.

ATCP 21.14(1)(i) (i) “Table stock potatoes” means potatoes grown for use or processing as food for human consumption.

ATCP 21.14(2) (2) Living organism. No person shall move or transport any living specimen of the potato rot nematode or of any soil or plant materials containing such organism without a permit from the department. Permit may be granted only for experimental work or research by governmental agencies, educational institutions, or private laboratories engaged in plant pest research. The department shall grant or deny a permit application within 20 business days after the application is filed with the department, provided that the application is accompanied by all requisite information and documentation.

ATCP 21.14(3) (3) Infested fields; quarantines.

ATCP 21.14(3)(a) (a) The department shall, by notice in writing, declare as an infested field any field or parcel of land on which potatoes infected with potato rot nematode have been grown.

ATCP 21.14(3)(b) (b) No potatoes grown on an infested field may be sold or moved without department approval. Before granting approval, the department shall perform a harvest-time inspection of the infested field and randomly selected potatoes grown on the field. The department may issue a quarantine covering potatoes grown on other exposed or adjacent fields if, in the judgment of the department, potatoes grown on those fields may be infected.

ATCP 21.14(3)(c) (c) No person may plant potatoes on any infested field without giving prior written notice to the department. Notice shall indicate the type of potatoes to be grown on the infested field. The department shall, by March 1 of each year, mail a questionnaire to all persons known by the department to be owners of potato rot nematode infested fields or parcels of land. The questionnaire shall state what crops, if any, are to be grown on the infested field or parcel of land and any other information required by the department. After the questionnaire is completed and signed by the owner, it shall be returned to the department by April 15 of each year. Copies of each completed questionnaire shall be made available to the Wisconsin potato growers association and the college.

ATCP 21.14(3)(d) (d) When the department has reason to believe that any material, machinery or equipment used in the production, processing, or distribution of potatoes is contaminated, the person in charge thereof shall, upon order of the department, fumigate, disinfect, wash, burn, bury, or otherwise dispose of such contaminated material, machinery, or equipment as required by such order.

ATCP 21.14(3)(e) (e) If a field used in the production of table stock potatoes is designated as an infested field under par. (a), the department may withdraw that designation only if one of the following conditions is met:

ATCP 21.14(3)(e)1. 1. The field has been fumigated in accordance with pesticide laws and the fumigant’s label and there is no evidence of potato rot nematode infestation in the next potato crop grown on the field. No fumigation may be done without prior written notice to the department.

ATCP 21.14(3)(e)2. 2. There is no evidence of potato rot nematode infestation in 2 successive potato crops grown on the field.

ATCP 21.14(3)(f) (f) If any field used in the production of certified seed potatoes is designated as an infested field under par. (a), the department may not withdraw that designation unless both of the following conditions are met:

ATCP 21.14(3)(f)1. 1. The field has been fumigated in accordance with pesticide laws and the fumigant’s label. No fumigation may be done without prior written notice to the department.

ATCP 21.14(3)(f)2. 2. After the field is fumigated, 2 successive potato crops grown on the field show no evidence of potato rot nematode infestation.

ATCP 21.14(3)(g) (g) If a notice of infestation is withdrawn under par. (e) or (f), the department may continue to examine potatoes grown on the field to verify that there is no evidence of potato rot nematode infestation.

ATCP 21.14(4) (4) Sale or processing of table stock potatoes.

ATCP 21.14(4)(a) (a) No table stock potatoes may be marketed unless free from any visible evidence of infection by the potato rot nematode. Culls and waste materials removed in the process of inspection or grading shall be destroyed or disposed of in a manner as approved by the department which will not result in the spread of the disease.

ATCP 21.14(4)(b) (b) Potatoes from an infested field or warehouse where infected potatoes are found that have been randomly inspected by the department and show no visible evidence of infection may be marketed or shipped for grading or processing for food purposes provided adequate safeguards are taken to prevent the spread of the disease during transit, grading, or processing. Potatoes showing evidence of infection and all cull and waste material resulting from the inspection, grading, or processing of the potatoes shall be destroyed or disposed of in a manner which prevents spread of the disease.

ATCP 21.14(4)(c) (c) No potatoes from an infested field may be delivered to another state without written approval of the department and the responsible plant pest control authority in that other state.

ATCP 21.14(5) (5) Sale as certified seed.

ATCP 21.14(5)(a) (a) Potatoes grown on infested fields shall not be certified or sold for seed purposes, except that potatoes grown on infested fields in the second year following fumigation may be certified or sold for seed purposes with the approval of the department. The department may grant approval if, in the judgment of the department and the college, the infestation has been thoroughly eliminated and a disease hazard no longer exists.

ATCP 21.14(5)(b) (b) Potatoes grown on adjacent or exposed fields may be certified and sold for seed purposes only with written approval of the department. Approval shall not be granted if, in the judgment of the department and the college, the fields may be infested or there is a danger that the disease may spread.

ATCP 21.14(5)(c) (c) If potatoes infected with potato rot nematode are found in any warehouse, no potatoes from that warehouse may be certified or sold for seed purposes except with the approval of the department and the college. Approval may be granted for the certification or sale of potatoes from the warehouse for seed purposes if, in the judgment of the department and the college, all of the following conditions are met:

ATCP 21.14(5)(c)1. 1. The potatoes were cultivated, harvested, and stored in a manner which minimizes the spread of potato rot nematode.

ATCP 21.14(5)(c)2. 2. The potatoes were not stored in the same bin with potatoes infected with potato rot nematode.

ATCP 21.14(5)(c)3. 3. The warehouse and storage bins are constructed, maintained, and operated in a manner which effectively precludes the spread of potato rot nematode between bins.

ATCP 21.14(5)(c)4. 4. There is minimal risk that the certification or sale of the potatoes will result in the spread of potato rot nematode.

ATCP 21.14(5)(d) (d) If a warehouse is found to contain potatoes infected with potato rot nematode, certified seed potatoes shall not be stored in that warehouse until all potatoes are removed from the warehouse and the warehouse is thoroughly cleaned and disinfected under the supervision of the college.

ATCP 21.14 History History: Renum. from ATCP 27.01 to 27.05 and am. (1) (b), (f), (3) (e) (intro.), (f) (intro.) and (g), Register, February, 1996, No. 482, eff. 3-1-96.

ATCP 21.15 ATCP 21.15 Potato late blight.

ATCP 21.15(1) (1) Definitions. In this section:

ATCP 21.15(1)(a) (a) “Cull pile” means a waste pile of harvested potatoes and includes seed cutting slivers and waste, storage remnants, and sweepings.

ATCP 21.15(1)(b) (b) “Late blight” means the fungal disease Phytophthora infestans.

ATCP 21.15(1)(c) (c) “Volunteer potato plants” means potato plants that germinate in places where they were not intentionally planted during the current calendar year, or that germinate from cull potatoes spread on land.

ATCP 21.15(2) (2) Disposing of cull piles. A person who owns or controls land on which potato cull piles are located shall dispose of those cull piles by May 20 of each year by one of the following methods:

ATCP 21.15(2)(a) (a) By feeding the cull potatoes to livestock so that they are completely consumed by May 20.

ATCP 21.15(2)(b) (b) By spreading the cull potatoes on fields and incorporating the cull potatoes into the soil.

ATCP 21.15(2)(c) (c) By depositing the cull potatoes in a licensed landfill with the written permission of the landfill operator.

ATCP 21.15(2)(d) (d) By another method which the department approves in writing.

ATCP 21.15(3) (3) Controlling volunteer potato plants. Whenever volunteer potato plants appear on land, the person who owns or controls that land shall immediately remove or kill those volunteer potato plants. Pesticides used to kill volunteer potato plants shall be labeled for the crop in which the volunteer plants emerge, or for the site at which they emerge.

ATCP 21.15(4) (4) Enforcement.