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.