Register April 2017 No. 736
Chapter ATCP 21
PLANT INSPECTION AND PEST CONTROL
ATCP 21.01   Definitions.
ATCP 21.02   Pest surveys and inspections; information.
ATCP 21.03   Pest quarantines and abatement orders.
ATCP 21.04   Pests and biological control agents; permit to move or release.
ATCP 21.05   Inspection and certification services; fees.
ATCP 21.10   Gypsy moth; import controls and quarantine.
ATCP 21.12   Pine shoot beetle; import controls and quarantine.
ATCP 21.13   Honeybees; import controls.
ATCP 21.14   Potato rot nematode.
ATCP 21.15   Potato late blight.
ATCP 21.16   Hemlock woolly adelgid; import controls.
ATCP 21.17   Emerald ash borer; import controls and quarantine.
ATCP 21.18   Asian longhorned beetle; import controls and quarantine.
ATCP 21.19   Phytophthora ramorum; import controls and quarantine.
ATCP 21.20   Treated firewood from certified sources.
ATCP 21.21   Thousand cankers disease of walnut trees.
ATCP 21.22   Mountain Pine Beetle; import controls and quarantine.
Ch. ATCP 21 Note Note: Chapter Ag 21 as it existed on November 30, 1990 was repealed and a new ch. Ag 21 was created effective December 1, 1990; Chapter Ag 21 was renumbered ch. ATCP 21 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448.
ATCP 21.01 ATCP 21.01Definitions. As used in this chapter:
ATCP 21.01(1) (1) “Africanized honeybee" means any African honeybee, any hybrid of an African honeybee, or any hybrid of that hybrid.
ATCP 21.01(2) (2) “American foulbrood" means Paenibacillus larvae and related pathogens.
ATCP 21.01(2g) (2g) “Ash" means a tree of the genus Fraxinus.
ATCP 21.01(2r) (2r) “Asian longhorned beetle" means the live insect, Anoplophora glabripennis (Motschulsky), family Cerambycidae, in any living stage of development.
ATCP 21.01(3) (3) “Beehive" means a honeybee colony and any equipment used to house that colony. “Beehive" does not include a package or shipment consisting only of a queen, a queen and attendant honeybees, or adult honeybees.
ATCP 21.01(4) (4) “Biological control agent" has the meaning specified in s. 94.03 (2), Stats.
ATCP 21.01(5) (5) “Colony" means a group of honeybees consisting of a queen, adult honeybees, and brood.
ATCP 21.01(6) (6) “Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
ATCP 21.01(6m) (6m) “Emerald ash borer" means the live insect, Agrilus planipennis Fairmaire, family Buprestidae, in any living stage of development.
ATCP 21.01(6p) (6p) “Firewood" means wood sold or distributed and used for burning for heat, or for recreational burning, and includes home heating and campfire wood.
ATCP 21.01(6r) (6r) “Firewood dealer" means a person who sells or distributes 20 or more cords of firewood each year in this state and whose primary business location is in Wisconsin.
ATCP 21.01(7) (7) “Genetically engineered pest or biological control agent" means a pest or biological control agent produced in any part by recombinant DNA or recombinant RNA technology.
ATCP 21.01(8) (8) “Gypsy moth" means the live insect, Lymantria dispar, family Lymantriidae, in any life stage, including the egg, larva, pupa, or adult stage.
ATCP 21.01(8g) (8g) “Hemlock" means a tree of the genus Tsuga.
ATCP 21.01(8r) (8r) “Hemlock woolly adelgid" means the live insect, Adelges tsugae, family Adelgidae, in any life stage.
ATCP 21.01(8w) (8w) “Infestation" means the presence of a regulated plant pest, or conditions that make it reasonable to believe that a regulated plant pest is present.
ATCP 21.01(9) (9) “Person" means an individual, corporation, partnership, cooperative, limited liability company, trust, or other legal entity.
ATCP 21.01(10) (10) “Pest" has the meaning specified in s. 93.01 (10), Stats. “Pest" includes honeybee diseases, pests of honeybees, and undesirable honeybees.
ATCP 21.01(11) (11) “Pest control official" means a federal, state, or provincial government official or agent who is accredited by the United States department of agriculture to certify that plants, honeybees, or other items are free of pests.
ATCP 21.01(12) (12) “Pine shoot beetle" means the live insect, Tomicus piniperda, family Scolytidae, in any life stage, including the egg, larva, pupa, or adult stage.
ATCP 21.01(12m) (12m) “Treated firewood" means firewood that a firewood dealer certified under s. ATCP 21.20 (2) has treated, at a location identified in s. ATCP 21.20 (2) (c) 3., according to the dealer's representations under s. ATCP 21.20 (1) (b).
ATCP 21.01(13) (13) “Undesirable honeybees" means either of the following:
ATCP 21.01(13)(a) (a) Africanized honeybees.
ATCP 21.01(13)(b) (b) Honeybee species which, because of their undesirable genetic traits, are declared by the department or the United States department of agriculture to be pests.
ATCP 21.01 Note Note: See ss. 93.01 (10) and 94.69 (1), Stats., and s. ATCP 29.02, Wis. Adm. Code.
ATCP 21.01(14) (14) “Used beekeeping equipment" means any equipment previously used as part of a beehive, and includes a drawn comb.
ATCP 21.01(15) (15) “Varroa mite" means Varroa destructor.
ATCP 21.01 History History: Cr. Register, November, 1990, No. 419, eff. 12-1-90; renum. (1) to (3) to be (4), (6) and (7), r. (4), cr. (1) to (3), (5) and (8) to (15), Register, December, 1994, No. 468, eff. 1-1-95; CR 01-076: am. (2) and (15), r. (9), Register October 2002 No. 562, eff. 11-1-02; CR 02-121: cr. (8g) and (8r) Register July 2003 No. 571, eff. 8-1-03; CR 06-008: cr. (2g), (2r), (6m) and (8w) Register October 2006 No. 610, eff. 11-1-06; CR 07-085: cr. (6p), (6r), (9) and (12m), Register March 2008 No. 627, eff. 4-1-08; renumbering of (12m) from (10), as created, made under s. 13.92 (4) (b) 1., Stats., Register March 2008 No. 627; CR 11-051: am. (6p), (6r) Register July 2012 No. 679, eff. 8-1-12.
ATCP 21.02 ATCP 21.02Pest surveys and inspections; information. The department may conduct surveys and inspections to detect and monitor pest infestations in this state, and to establish a data base for certification and pest control decisionmaking. The department may disseminate pest information to agricultural producers and others, and may charge fees to cover actual costs of publication. In order to conduct a survey or inspection under this section, the department may exercise its inspection authority under ss. 93.08 and 94.01, Stats.
ATCP 21.02 History History: Cr. Register, November, 1990, No. 419, eff. 12-1-90.
ATCP 21.03 ATCP 21.03Pest quarantines and abatement orders.
ATCP 21.03(1)(1)Pest quarantine order. The department may issue a summary quarantine order if, in the department's judgment, the order is necessary to prevent or control the spread of suspected pests. A quarantine order may prohibit the movement of any pest, or any plant, pest host, or pest-harboring material which may transmit or harbor a pest. A quarantine order issued under this subsection may prohibit the movement of bees, bee colonies, or bee apparatus.
ATCP 21.03 Note Note: See ss. 94.01 (1) and (2), 93.07 (10) and 94.76, Stats.
ATCP 21.03(2) (2)Pest abatement order. The department may issue a summary pest abatement order under s. 94.02 (1), Stats., if, in the department's judgment, the order is necessary to prevent or control a hazard to plant or animal life in this state. A pest abatement order may require the destruction or removal of pests, plants, pest hosts, or pest-harboring materials within 10 days. A pest abatement order under this section may require the destruction or removal of bees, bee colonies, or bee apparatus.
ATCP 21.03(3) (3)Serving the order. An order under sub. (1) or (2) shall be served on a person having custody or control of the affected property or material, or shall be posted on the premises affected by the order. An order under sub. (1) or (2) may be served by any of the following methods:
ATCP 21.03(3)(a) (a) Personal service.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.