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: