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)(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: