ATCP 21.04(1)(1) Permit required. Except as provided under sub. (2), no person may knowingly do any of the following without a permit from the department as required under s. 94.03, Stats.:

ATCP 21.04 NoteNote: Under s. 146.60, Stats., if the release of a genetically engineered organism is subject to review or regulation by a federal agency, no person may release that organism into the environment of this state without first notifying the department or the department of natural resources. The notification requirement under s. 146.60, Stats., may apply, regardless of whether the genetically engineered organism is a pest or biological control agent for which a permit is required under this section.

ATCP 21.04(2)(2) Exemptions. No permit is required under sub. (1) for any of the following:

ATCP 21.04(2)(b)(b) A pesticide registered by the department under s. ATCP 29.72 to meet a special local need in this state.

ATCP 21.04(2)(c)(c) A pesticidal material distributed or used under an experimental use permit issued by the department under s. ATCP 29.71.

ATCP 21.04(2)(d)(d) A pest or biological control agent which is indigenous throughout this state, provided that the pest or biological control agent is not restricted by federal or state rule or quarantine order.

ATCP 21.04(2)(e)(e) An agricultural, horticultural, or silvicultural plant that suppresses or controls plant pests or pathogens, provided that the plant has not been declared to be a pest under state or federal law.

ATCP 21.04(3)(3) Generic permits. The department may issue a generic permit for recurring similar movements of pests or biological control agents by a permit holder, under conditions prescribed by the department.

ATCP 21.04(4)(4) Permit conditions. The department may prescribe permit conditions which it considers necessary to prevent or limit a pest hazard in this state.

ATCP 21.04(5)(5) Permit application. A permit application shall be made in writing on a form prescribed by the department. An application shall include all relevant information required by the department, including environmental assessment information if required under ch. ATCP 3.

ATCP 21.04(6)(6) Action on permit.

ATCP 21.04(6)(a)(a) The department shall act on a permit application within 30 business days after a complete application is filed with the department, except that the department shall act:

ATCP 21.04(6)(a)1.1. Within 60 days if the applicant seeks a permit to move a genetically engineered pest or biological control agent.

ATCP 21.04(6)(a)2.2. Within 120 days if the applicant seeks a permit to release a genetically engineered pest or biological control agent into the environment of this state.

ATCP 21.04(6)(b)(b) The department may deny an application without prejudice to a subsequent re-application if additional time or information is required for an environmental assessment.

ATCP 21.04 HistoryHistory: Cr. Register, November, 1990, No. 419, eff. 12-1-90; am. (1) (intro.), cr. (2) (e), Register, December, 1994, No. 468, eff. 1-1-95; correction in (2) (b) and (c) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1999, No. 519.

ATCP 21.05(1)(1) Services available. The department may inspect plants, plant products, bee colonies, and other materials at the request of any person, in order to certify that the materials are free of pest infestations or disease, or to facilitate interstate or international movement of the materials. A person requesting inspection or certification services under this subsection shall pay a fee for the services, as provided under sub. (3). Inspections initiated by the department for survey, enforcement, or nursery licensing purposes do not constitute service inspections for which a fee is required.

ATCP 21.05 NoteNote: Inspection and certification of certain plants and commodities is required by the state of destination, or by federal or international law, as a condition to the interstate or international shipment of those plants or commodities.

ATCP 21.05(1m)(1m) Form of certification. The department may issue a certification under sub. (1) in the form of a phytosanitary certificate, plant health certificate, apiary inspection certificate, certificate of identity, certificate of origin, or other form, as appropriate.

ATCP 21.05(2)(2) Request for inspection or certification. A person requesting inspection or certification services under this section shall file the request with the department at least 10 days before the requested inspection date. The department may waive the 10 day notice requirement for good cause shown. A request shall specify the purpose for which inspection or certification is required.

ATCP 21.05(3)(3) Fees for inspection and certification.

ATCP 21.05(3)(a)(a) General. Except as provided in par. (c), the department shall charge a fee of $50 for each certificate issued under this section. There is no other inspection charge, except as provided in par. (b). The department shall charge a $15 fee to reissue a lost certificate or to issue an amended certificate.