Chapter ATCP 21

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)(b) (b) Misrepresent that that firewood is treated firewood.

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 History History: 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 21.22 ATCP 21.22 Mountain Pine Beetle; import controls and quarantine.

ATCP 21.22(1) (1) Definitions. In this section:

ATCP 21.22(1)(a) (a) “Bark” means all of the following:

ATCP 21.22(1)(a)1. 1. The exterior bark of a tree.

ATCP 21.22(1)(a)2. 2. Ingrown bark around knots in a tree.

ATCP 21.22(1)(a)3. 3. Bark pockets occurring between a tree’s annual growth rings.

ATCP 21.22(1)(a)4. 4. All inner bark and phloem tissue adjacent to any bark under subds. 1. to 3.

ATCP 21.22(1)(b) (b) “Firewood” has the meaning contained in s. ATCP 21.01 (6p).

ATCP 21.22(1)(c) (c) “Infested area” means all of the following:

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(1)(d) (d) “Pest control official” has the meaning given in s. ATCP 21.01 (11).

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)(a) (a) Firewood from any species of tree.

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)1. 1. Processed lumber which is 100% bark-free or kiln-dried.

ATCP 21.22(3)(b)2. 2. Finished wood products without bark, including finished furniture, home furnishings, or building materials.

ATCP 21.22(3)(b)3. 3. Pine Christmas trees.

ATCP 21.22(3)(b)4. 4. Pine nursery stock.

ATCP 21.22(3)(b)5. 5. Pine bark mulch or pulpwood chips.

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)1. 1. The name and address of the importer.

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)5. 5. The method by which the material may be imported.

ATCP 21.22(4)(b)6. 6. The time period covered by 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 History History: CR 16-032: cr. Register April 2017 No. 736, eff. 5-1-17.

ATCP 21.23 ATCP 21.23 Elongate hemlock scale; import controls and quarantine.

ATCP 21.23(1) (1) Definitions. In this section:

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.

ATCP 21.23(1)(b) (b) “Infested area” means all of the following:

ATCP 21.23(1)(b)1. 1. The states of Connecticut, Delaware, Georgia, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, and West Virginia; and the District of Columbia.

ATCP 21.23(1)(b)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 elongate hemlock scale.

ATCP 21.23(1)(c) (c) “Pest control official” has the meaning given in s. ATCP 21.01 (11).

ATCP 21.23(2) (2) Knowingly importing plant pest; prohibition. No person may knowingly import elongate hemlock scale, Fiorinia externa (Ferris), into this state, except pursuant to a permit under s. 94.03, Stats., and s. ATCP 21.04.

ATCP 21.23(3) (3) Importing or moving materials from infested areas; prohibition. Except as provided in sub. (4), no person may do either of the following:

ATCP 21.23(3)(a) (a) Import conifer plants or plant parts of the plant taxa Abies spp., Biota orientalis, Juniperus chinensis, Juniperus rigida, Cedrus spp., Picea spp., Pinus spp., Pseudotsuga menziesii, Tsuga canadensis, Tsuga spp., and Taxus spp., including cut Christmas trees, nursery stock, branches, wreaths, or décor, into this state if those materials originate from or have been exposed to the environment in any infested area.

ATCP 21.23(3)(b) (b) Move conifer plants or plant parts of the plant taxa Abies spp., Biota orientalis, Juniperus chinensis, Juniperus rigida, Cedrus spp., Picea spp., Pinus spp., Pseudotsuga menziesii, Tsuga canadensis, Tsuga spp., and Taxus spp., including cut Christmas trees, nursery stock, branches, wreaths, or décor, from an infested area to an area that is not infested within this state.

ATCP 21.23(4) (4) Exemptions. Subsection (3) does not apply to any of the following:

ATCP 21.23(4)(a) (a) Shredded bark and mulch of all tree species.

ATCP 21.23(4)(b) (b) Processed lumber which is 100 percent bark-free or kiln-dried.

ATCP 21.23(4)(c) (c) Finished wood products without bark, including furniture or building materials.

ATCP 21.23(4)(d) (d) 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 21.23(4)(d)1. 1. The materials originate from an area that is known to be free of elongate hemlock scale, or have not been exposed to elongate hemlock scale. The certificate shall explain the basis for the officials statement.

ATCP 21.23(4)(d)2. 2. The materials have been effectively treated to destroy elongate hemlock scale. The certificate shall specify the date, method of treatment, and post-treatment data indicating that treated material was examined in the laboratory and found to have no living life stages of elongate hemlock scale.

ATCP 21.23(4)(d)3. 3. The materials have been produced, processed, stored, handled, or used under conditions, described in the certificate, which effectively preclude the transmission of elongate hemlock scale.

ATCP 21.23(4)(e) (e) Material imported in compliance with a written agreement, between the importer and the department, which includes all of the following:

ATCP 21.23(4)(e)1. 1. The name and address of the importer.

ATCP 21.23(4)(e)2. 2. The type and volume of material that may be imported under the agreement.

ATCP 21.23(4)(e)3. 3. The locations from which the material may be imported under the agreement.

ATCP 21.23(4)(e)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 21.23(4)(e)5. 5. The method by which the material may be imported.

ATCP 21.23(4)(e)6. 6. The time period covered by the agreement.

ATCP 21.23(4)(e)7. 7. The importers 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 21.23(4)(e)8. 8. Specific import terms and conditions that will, in the departments opinion, effectively ensure that materials imported pursuant to the agreement will not introduce or spread the elongate hemlock scale.

ATCP 21.23(4)(e)9. 9. A provision authorizing the department to terminate the agreement, without prior notice, for any reason.

ATCP 21.23 History History: CR 22-022: cr. Register June 2023 No. 810, eff. 7-1-23; correction in (3) (a) made under s. 35.17, Stats., and correction in numbering of (4) (e) made under s. 13.92 (4) (b) 1., Stats., Register June 2023 No. 810.