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.