Chapter ATCP 21

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.

ATCP 21.15(4)(a) (a) The department may issue pest quarantine and abatement orders under ss. 94.01 and 94.02, Stats., and s. ATCP 21.03, to prevent or control late blight infestations, or to remedy violations of this section.

ATCP 21.15(4)(b) (b) If the department finds any field infested with late blight, the department may order the person owning or controlling that field to treat it, in a manner specified by the department, in order to control or eliminate the infestation. Treatment may include pesticide applications specified by the department.

ATCP 21.15(4)(c) (c) The department may order the destruction of a potato crop infested with late blight if the department finds that alternative measures will not adequately prevent or mitigate the spread of late blight.

ATCP 21.15(4)(d) (d) The department may seek to prosecute violations of this section under s. 94.77, Stats.

ATCP 21.15 Note Note: The University of Wisconsin-Extension plant pathology and horticulture departments have developed integrated pest management procedures (IPM) that help protect against late blight. Growers are urged to follow these IPM procedures. IPM procedures and late blight forecasting information are available from the UW-extension county agricultural agent, or through a UW-extension computer program called the potato disease management plan under WISDOM.

ATCP 21.15 History History: Emerg. cr. eff. 5-1-96; cr. Register, April, 1997, No. 496, eff. 5-1-97.

ATCP 21.16 ATCP 21.16 Hemlock woolly adelgid; import controls and quarantine.

ATCP 21.16(1) (1) Hemlock movement or imports restricted from the infested area.

ATCP 21.16(1)(a) (a) In this subsection, “infested area” means all of the following:

ATCP 21.16(1)(a)1. 1. The states of Alaska, California, Connecticut, Delaware, Georgia, Idaho, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New York, New Jersey, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington, West Virginia, the District of Columbia, and the Canadian provinces of British Columbia, and Nova Scotia.

ATCP 21.16(1)(a)2. 2. Any state or country, or any delineated area within a state or country, which the responsible state agency has declared to be infested with hemlock woolly adelgid.

ATCP 21.16(1)(b) (b) Except as provided in sub. (2), no person may import any of the following items to this state from the infested area; or move any of the following items from an infested area to an area that is not infested within this state:

ATCP 21.16(1)(b)1. 1. Hemlock seedlings.

ATCP 21.16(1)(b)2. 2. Hemlock nursery stock.

ATCP 21.16(1)(b)3. 3. Hemlock logs with bark.

ATCP 21.16(1)(b)4. 4. Hemlock lumber with bark.

ATCP 21.16(1)(b)5. 5. Hemlock bark chips.

ATCP 21.16(1)(b)6. 6. Hemlock bark.

ATCP 21.16(1)(b)7. 7. Cut hemlock trees.

ATCP 21.16(1)(b)8. 8. Hemlock branches.

ATCP 21.16(2) (2) Exemptions. Subsection (1) does not apply if any of the following apply:

ATCP 21.16(2)(a) (a) A pest control official in the state of origin inspects the imported items and certifies any of the following in a phytosanitary certificate that accompanies the import shipment:

ATCP 21.16(2)(a)1. 1. That the items originate from non-infested premises and have not been exposed to hemlock woolly adelgid.

ATCP 21.16(2)(a)2. 2. That the items were found, at the time of inspection, to be free of hemlock woolly adelgid.

ATCP 21.16(2)(a)3. 3. That the items have been effectively treated to destroy hemlock woolly adelgid. The phytosanitary certificate shall specify the pesticide or other treatment used.

ATCP 21.16(2)(a)4. 4. That the items are produced, processed, stored, handled, or used under conditions, described in the phytosanitary certificate, that effectively preclude the transmission of hemlock woolly adelgid.

ATCP 21.16(2)(b) (b) The items are imported under a written agreement between the importer and the department. The agreement shall specify import terms and conditions including the following:

ATCP 21.16(2)(b)1. 1. The name and address of the importer and import recipient.

ATCP 21.16(2)(b)2. 2. The proposed source and destination of each import shipment.

ATCP 21.16(2)(b)3. 3. The proposed import dates or time period.

ATCP 21.16(2)(b)4. 4. The items to be imported in each proposed shipment.

ATCP 21.16(2)(b)5. 5. The proposed size and frequency of import shipments.

ATCP 21.16(2)(b)6. 6. The proposed method of import.

ATCP 21.16(2)(b)7. 7. Required import conditions that will, in the department’s opinion, effectively prevent the spread of hemlock woolly adelgid.

ATCP 21.16(2)(b)8. 8. Provisions authorizing the department to cancel the agreement at any time, with or without cause or prior notice.

ATCP 21.16(3) (3) Knowingly importing plant pest; prohibition. No person may knowingly import live hemlock woolly adelgid, Adelges tsugae (Annand) into this state, except pursuant to a permit under s. 94.03, Stats., and s. ATCP 21.04.

ATCP 21.16 History History: CR 02-121: cr. Register July 2003 No. 571, eff. 8-1-03; CR 18-019: am. (1) Register January 2020 No. 769, eff. 2-1-20; CR 22-022: am. (title), cr. (1) (a), renum. (1) (intro.) to (1) (b), renum. (1) (a) to (d) to (1) (b) 1. to 4., renum. (1) (e), (f) to (1) (b) 5., 6. and am. cr. (1) (b) 7., 8., cr. (3) Register June 2023 No. 810, eff. 7-1-23; correction in (1) (a) (intro.) made under s. 35.17, Stats., Register June 2023 No. 810.

ATCP 21.18 ATCP 21.18 Asian longhorned beetle; import controls and quarantine.

ATCP 21.18(1) (1) Importing or moving regulated items from infested areas; prohibition. Except as provided in sub. (3), no person may do any of the following:

ATCP 21.18(1)(a) (a) Import a regulated item under sub. (2) into this state if that item originates from an Asian longhorned beetle regulated area identified in 7 CFR 301.51-3.

ATCP 21.18(1)(b) (b) Move a regulated item under sub. (2) out of a regulated area that is identified in 7 CFR 301.51-3 and located in this state.

ATCP 21.18 Note Note: The United States department of agriculture, animal and plant health inspection service (USDA-APHIS) periodically updates the listing of regulated areas in 7 CFR 301.51-3. Subsection (1) applies to new regulated areas as those areas are identified in the CFR.