ATCP 21.19 NoteNote: 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 NoteWisconsin Department of Agriculture, Trade and Consumer Protection
Division of Agricultural Resource Management
P.O. Box 8911
Madison, WI 53708-8911
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 HistoryHistory: 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 21.20ATCP 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)(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)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)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)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 NoteNote: 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:
1. Heating each piece of firewood to a temperature at least 140° F. (60° C.) at the center of the piece, and maintaining that temperature for at least 60 minutes.
2. Removing all bark, and additional wood to a depth of at least ½ inch beneath the bark, from each piece of firewood. The treatment option contained in this paragraph may be used before January 1, 2015.
3. Storing the firewood on the firewood dealer’s premises for at least 2 years.
4. Treating the firewood in a manner approved, in writing, by the Wisconsin Department of Agriculture, Trade and Consumer Protection, to kill all insect pests that may inhabit the firewood.”
ATCP 21.20(2)(dm)(dm) Recording equipment and records. For the treatment of firewood under item 1. in the statement required under par. (d) (intro.) a firewood dealer shall have electronic temperature and time recording equipment for each heat treatment vessel the dealer operates. The dealer shall keep a record of the time and temperature recorded by the electronic time and temperature recording equipment of each heat treatment the dealer runs for 3 years after the date of the treatment. ATCP 21.20(2)(e)(e) Notice of change. A firewood dealer shall immediately notify the department if, at any time before or after the firewood dealer is certified under par. (a), the firewood dealer’s statement under par. (d) is no longer accurate. ATCP 21.20(2)(f)(f) Action on application. The department shall grant or deny an application under par. (c) within 60 business days after the department receives a complete application. If the department denies an application, the denial notice shall include the reasons for denial. ATCP 21.20(2)(g)(g) Withdrawing certification. The department may withdraw a certification under par. (a) if the department finds that the firewood dealer has materially misrepresented any information in the application under par. (c), or has failed to fulfill any representation included in the statement under par. (d). ATCP 21.20(2)(h)(h) Department not a warrantor. A certification under this subsection does not constitute a warranty by the department that firewood is free of pests, or that the certified firewood dealer has complied with all of the representations made in the application for certification. ATCP 21.20(3)(3) Seller representations. No seller or distributor of firewood may do any of the following, directly or by implication: ATCP 21.20(3)(a)(a) Misrepresent that the firewood originates from a dealer certified under sub. (2). ATCP 21.20(3)(c)(c) Represent that firewood is treated firewood, unless the firewood is labeled as treated firewood and the label bears the certification number under sub. (2) (a) of the firewood dealer who treated the firewood in this state. ATCP 21.20 HistoryHistory: CR 07-085: cr. Register March 2008 No. 627, eff. 4-1-08; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register July 2011 No. 667; CR 11-051: am. (1) (c), (2) (a), (c) 9., r. and recr. (2) (d), cr. (2) (dm) Register July 2012 No. 679, eff. 8-1-12. ATCP 21.22ATCP 21.22 Mountain Pine Beetle; import controls and quarantine. ATCP 21.22(1)(c)1.1. The states of Arizona, California, Colorado, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, Wyoming, and the Canadian provinces of Alberta, British Columbia, and Saskatchewan. ATCP 21.22(1)(c)2.2. Any state or nation, or any delineated area within a state or nation, which the U. S. department of agriculture, U. S. forest service or respective state plant pest regulatory officials has declared infested with mountain pine beetle. ATCP 21.22(2)(2) Knowingly importing plant pest; prohibition. No person may knowingly import living mountain pine beetles, Dendroctonus ponderosae Hopkins, into this state, except pursuant to a permit under s. 94.03, Stats., and s. ATCP 21.04. ATCP 21.22(3)(3) Importing materials from infested areas; prohibition. Except as provided in sub. (4), no person may import any of the following materials into this state if those materials originate from or have been exposed to the environment in any infested area: ATCP 21.22(3)(b)(b) Wood or plant parts of the genus Pinus, including dimensional lumber with bark attached, logs, stumps, and branches. This paragraph does not apply to any of the following: ATCP 21.22(3)(b)2.2. Finished wood products without bark, including finished furniture, home furnishings, or building materials. ATCP 21.22(4)(4) Exemptions. Subsection (3) does not apply to any of the following: ATCP 21.22(4)(a)(a) Material specified in sub. (3) (a) and (b) that are accompanied by a written certificate, signed by a pest control official in the infested area, which describes the materials and states at least one of the following: ATCP 21.22(4)(a)1.1. The materials have not been exposed to the mountain pine beetle. The certificate shall explain the basis for the official’s statement. ATCP 21.22(4)(a)2.2. The materials have been effectively treated to destroy mountain pine beetle. The certificate shall specify the date and method of treatment. ATCP 21.22(4)(a)3.3. The materials have been produced, processed, stored, handled, or used under conditions, described in the certificate, which effectively preclude the transmission of mountain pine beetle. ATCP 21.22(4)(b)(b) Material imported in compliance with a written agreement, between the importer and the department, which includes all of the following: ATCP 21.22(4)(b)2.2. The type and volume of material that may be imported under the agreement. ATCP 21.22(4)(b)3.3. The locations from which the material may be imported under the agreement. ATCP 21.22(4)(b)4.4. The names and addresses of the persons to whom, and the locations to which, the material may be imported under the agreement. ATCP 21.22(4)(b)7.7. The importer’s commitment to keep complete records of each import shipment under the agreement, and to submit those records to the department for inspection and copying upon request. ATCP 21.22(4)(b)8.8. Specific import terms and conditions that will, in the department’s opinion, effectively ensure that materials imported pursuant to the agreement will not introduce the mountain pine beetle into this state. ATCP 21.22(4)(b)9.9. A provision authorizing the department to terminate the agreement, without prior notice, for any reason. ATCP 21.22 HistoryHistory: CR 16-032: cr. Register April 2017 No. 736, eff. 5-1-17. ATCP 21.23ATCP 21.23 Elongate hemlock scale; import controls and quarantine. ATCP 21.23(1)(a)(a) “Elongate hemlock scale” means any living life stage of the invasive insect Fiorinia externa (Ferris), including adults, nymphs, crawlers, or eggs.
