Chapter ATCP 21

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.

ATCP 21.18 Note Each year, as a service, the Wisconsin department of agriculture, trade and consumer protection distributes an updated federal CFR listing to nursery license holders and other affected persons in this state. More frequent updates, if any, are available on the department’s website at https://datcp.wi.gov/Pages/Homepage.aspx. Subsection (1) applies to new regulated areas as those areas are identified in the CFR, regardless of whether affected persons receive update notices from the department. Persons may request update notices by visiting the department’s website, or by writing to the following address:

ATCP 21.18 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Agricultural Resource Management
P.O. Box 8911
Madison, WI 53708-8911

ATCP 21.18(2) (2) Regulated items. The following are regulated items for purposes of sub. (1):

ATCP 21.18(2)(a) (a) The Asian longhorned beetle, Anoplophora glabripennis (Motschulsky), in any living stage.

ATCP 21.18(2)(b) (b) Cut firewood of all non-coniferous species.

ATCP 21.18(2)(c) (c) Trees, tree parts, wood, or debris, more than ½ inch in diameter, from any of the following genera: Acer (maple), Aesculus (buckeye), Albizia (mimosa), Betula (birch), Celtis (hackberry), Fraxinus (ash), Platanus (sycamore), Populus (poplar), Salix (willow), Sorbus (mountain ash), and Ulmus (elm). This includes nursery stock, logs, green lumber, stumps, roots, and branches, whether living, dead, cut, or fallen.

ATCP 21.18(2)(d) (d) Any other item or substance not listed in sub. (2) that may be designated as a regulated item if a pest control official determines that it presents a risk of spreading Asian longhorned beetle and notifies the person in possession of the item or substance that it is subject to the restrictions of the regulations.

ATCP 21.18(3) (3) Inspected and certified items; exemption. Subsection (1) does not prohibit the shipment of a regulated item if a pest control official in the state or province of origin does all of the following:

ATCP 21.18(3)(a) (a) Inspects the regulated item.

ATCP 21.18(3)(b) (b) Certifies any of the following in a certificate that accompanies the shipment:

ATCP 21.18(3)(b)1. 1. The inspected item originates from non-infested premises and has not been exposed to Asian longhorned beetle.

ATCP 21.18(3)(b)2. 2. The inspected item was found, at the time of inspection, to be free of Asian longhorned beetle.

ATCP 21.18(3)(b)3. 3. The inspected item has been effectively treated to destroy Asian longhorned beetle. The certificate shall specify the date and method of treatment.

ATCP 21.18(3)(b)4. 4. The inspected item was produced, processed, stored, handled, or used under conditions, described in the certificate, that effectively preclude the transmission of Asian longhorned beetle.

ATCP 21.18 History History: CR 06-008: cr. Register October 2006 No. 610, eff. 11-1-06.

ATCP 21.19 ATCP 21.19 Phytophthora ramorum; import controls and quarantine.

ATCP 21.19(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 21.19(1)(a) (a) Import a regulated item under sub. (2) into this state if that item originates from any Phytophthora ramorum regulated area identified in 7 CFR 301.92-3.

ATCP 21.19(1)(b) (b) Move any regulated item under sub. (2) out of any Phytophthora ramorum regulated area that is identified in 7 CFR 301.92-3 to any Phytophthora ramorum unregulated area within this state.

ATCP 21.19 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 301.92-3. Updates, if any, are available on the department’s website at https://www.datcp.wi.gov. Subsection (1) applies to new regulated areas as those areas are identified in the CFR, regardless of whether affected persons receive update notices from the department. Persons may request update notices by visiting the department’s website, or by writing to the following address:

ATCP 21.19 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Agricultural Resource Management
P.O. Box 8911
Madison, WI 53708-8911

ATCP 21.19(2) (2) Regulated items. The following are regulated items for purposes of sub. (1):

ATCP 21.19(2)(a) (a) Nursery stock (except acorns and seeds), unprocessed wood, and unprocessed wood and plant products, including bark chips, firewood, logs, lumber, mulch, wreaths, garlands, and greenery of the host plant taxa identified in 7 CFR 301.92-2 (d) as being proven hosts of Phytophthora ramorum or identified in 7 CFR 301.92-2 (e) as being associated with Phytophthora ramorum.

ATCP 21.19 Note Note: The United States department of agriculture, animal and plant health inspection service (USDA-APHIS) periodically updates the listing of proven hosts and associated plant taxa in 7 CFR 301.92-2. Updates, if any, are available on the department’s website at https://www.datcp.wi.gov. Subsection (2) applies to new proven hosts and associated plant taxa as those areas are identified in the CFR, regardless of whether affected persons receive update notices from the department. Persons may request update notices by visiting the department’s website, or by writing to the following address:

ATCP 21.19 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Agricultural Resource Management
P.O. Box 8911
Madison, WI 53708-8911

ATCP 21.19(2)(b) (b) Soil or potted media.

ATCP 21.19(2)(c) (c) All cultures and live material of Phytophthora ramorum (Werres et al.).

ATCP 21.19(2)(d) (d) Any other item or substance not listed in sub. (2) that may be designated as a regulated item if a pest control official determines that it presents a risk of spreading Phytophthora ramorum and notifies the person in possession of the item or substance that it is subject to the restrictions of the regulations.

ATCP 21.19(3) (3) Inspected and certified items; exemption. Subsection (1) does not apply if a pest control official in the state or province of origin inspects the regulated item and certifies any of the following in a certificate that accompanies the shipment:

ATCP 21.19(3)(a) (a) That the inspected items originate from non-infested premises and have not been exposed to Phytophthora ramorum.

ATCP 21.19(3)(b) (b) That the inspected items were found, at the time of inspection, to be free of Phytophthora ramorum.

ATCP 21.19(3)(c) (c) That the inspected items have been effectively treated to destroy Phytophthora ramorum. The certificate shall specify the date and method of treatment used.

ATCP 21.19(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 Phytophthora ramorum.

ATCP 21.19 History History: CR 06-008: cr. Register October 2006 No. 610, eff. 11-1-06; CR 22-022: am. (1) (b), (2) (a) Register June 2023 No. 810, eff. 7-1-23.

ATCP 21.20 ATCP 21.20 Treated firewood from certified sources.

ATCP 21.20(1) (1) Firewood in Wisconsin state parks. For purposes of s. NR 45.045, firewood is from a source approved by the department if all of the following apply:

ATCP 21.20(1)(a) (a) The firewood originates from a firewood dealer who is certified under sub. (2).

ATCP 21.20(1)(b) (b) The certified firewood dealer has treated the firewood, at a location identified in sub. (2) (c) 3., according to the representations made in sub. (2) (d).

ATCP 21.20(1)(c) (c) The firewood is labeled as treated firewood. The label shall bear the certification number under sub. (2) (a) of the firewood dealer who treated the firewood in this state and shall specify the method of treatment of the firewood and the state and county in which the wood was harvested. The certification number on each label shall be not less than twelve-point font.

ATCP 21.20(2) (2) Voluntary certification of firewood dealers.

ATCP 21.20(2)(a) (a) General. The department may annually certify a firewood dealer for purposes of sub. (1) (a). The department shall issue its certification in writing. The certification shall include a unique certification number assigned to the firewood dealer. An annual certification expires on the anniversary date of the initial certification. A firewood dealer is not required to be certified under this subsection in order to sell or distribute firewood in this state.

ATCP 21.20(2)(b) (b) Certification standards. The department may certify a firewood dealer under par. (a) if all of the following apply:

ATCP 21.20(2)(b)1. 1. The firewood dealer submits a complete application under par. (c).

ATCP 21.20(2)(b)2. 2. The department inspects all of the business premises identified under par. (c) 3. and determines, based on that inspection, that the firewood dealer is equipped to fulfill all of the firewood dealer’s representations under par. (d).

ATCP 21.20(2)(c) (c) Applying for certification. A firewood dealer who wishes to be certified under par. (a) shall submit a certification application to the department, on a form provided by the department. The application shall include all of the following:

ATCP 21.20(2)(c)1. 1. The correct legal name of the firewood dealer, and any trade names under which the firewood dealer sells or distributes firewood in this state.

ATCP 21.20(2)(c)2. 2. The address of the firewood dealer’s business headquarters.

ATCP 21.20(2)(c)3. 3. The address of every business location in this state at which the firewood dealer treats firewood for purposes of sub. (1) (b).

ATCP 21.20(2)(c)4. 4. The approximate annual volume of firewood that the firewood dealer sells or distributes in this state, including treated and untreated firewood.

ATCP 21.20(2)(c)5. 5. The approximate annual volume of firewood that the firewood dealer treats at each location identified under subd. 3.

ATCP 21.20(2)(c)6. 6. Each state and county from which the firewood dealer obtains firewood for sale or distribution in this state.

ATCP 21.20(2)(c)7. 7. The name and address of each person from whom the firewood dealer procures wood for sale or distribution in this state.

ATCP 21.20(2)(c)8. 8. The statement required under par. (d).

ATCP 21.20(2)(c)9. 9. An annual certification fee of $50 for each firewood treatment location identified under subd. 3. If the certification standards for heat treating are not met on the first attempt, the department shall charge a fee of $200.

ATCP 21.20 Note Note: You may obtain an application form, without charge, by contacting the Department of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911. You may also obtain the application form at the following web address: https://datcp.wi.gov/Documents/FirewoodDealerApplication.pdf.

ATCP 21.20(2)(d) (d) Statement of firewood dealer. An application under par. (c) shall include the following signed and notarized statement by the firewood dealer or by an authorized officer or representative of the firewood dealer:

“The firewood dealer certifies that, before selling or distributing any firewood in this state as treated firewood, the dealer will treat that firewood in this state in one of the following ways: