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.

ATCP 21.20(2)(c)8. 8. The statement required under par. (d).

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 Note Note: 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).