“Adjacent field" means any parcel of land contiguous to an infested field.
“Certified seed potatoes" means seed potatoes which have been inspected and certified by the college as having been produced under, and meeting field and bin inspection standards and requirements under, ch. ATCP 156
, and which have been graded and certified by the department as being of a grade specified under ch. ATCP 156
“College" means the college of agricultural and life sciences of the University of Wisconsin.
“Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
“Exposed field" means any parcel of land which may have been exposed to infestation by the potato rot nematode because of the movement of potatoes, machinery, or equipment, or through any other means.
“Infested field" means any parcel of land which is declared to be an infested field under sub. (3)
, or which is known to be currently infested in fact with potato rot nematode.
“Potato rot nematode" means the nematode (Ditylenchus destructor
) which attacks potatoes, causing rot.
“Quarantine" means an order of the department requiring isolation of the material named and prohibiting its movement or disposition except as authorized by the department.
“Table stock potatoes" means potatoes grown for use or processing as food for human consumption.
(2) Living organism.
No person shall move or transport any living specimen of the potato rot nematode or of any soil or plant materials containing such organism without a permit from the department. Permit may be granted only for experimental work or research by governmental agencies, educational institutions, or private laboratories engaged in plant pest research. The department shall grant or deny a permit application within 20 business days after the application is filed with the department, provided that the application is accompanied by all requisite information and documentation.
The department shall, by notice in writing, declare as an infested field any field or parcel of land on which potatoes infected with potato rot nematode have been grown.
No potatoes grown on an infested field may be sold or moved without department approval. Before granting approval, the department shall perform a harvest-time inspection of the infested field and randomly selected potatoes grown on the field. The department may issue a quarantine covering potatoes grown on other exposed or adjacent fields if, in the judgment of the department, potatoes grown on those fields may be infected.
No person may plant potatoes on any infested field without giving prior written notice to the department. Notice shall indicate the type of potatoes to be grown on the infested field. The department shall, by March 1 of each year, mail a questionnaire to all persons known by the department to be owners of potato rot nematode infested fields or parcels of land. The questionnaire shall state what crops, if any, are to be grown on the infested field or parcel of land and any other information required by the department. After the questionnaire is completed and signed by the owner, it shall be returned to the department by April 15 of each year. Copies of each completed questionnaire shall be made available to the Wisconsin potato growers association and the college.
When the department has reason to believe that any material, machinery or equipment used in the production, processing, or distribution of potatoes is contaminated, the person in charge thereof shall, upon order of the department, fumigate, disinfect, wash, burn, bury, or otherwise dispose of such contaminated material, machinery, or equipment as required by such order.
If a field used in the production of table stock potatoes is designated as an infested field under par. (a)
, the department may withdraw that designation only if one of the following conditions is met:
The field has been fumigated in accordance with pesticide laws and the fumigant's label and there is no evidence of potato rot nematode infestation in the next potato crop grown on the field. No fumigation may be done without prior written notice to the department.
There is no evidence of potato rot nematode infestation in 2 successive potato crops grown on the field.
If any field used in the production of certified seed potatoes is designated as an infested field under par. (a)
, the department may not withdraw that designation unless both of the following conditions are met:
The field has been fumigated in accordance with pesticide laws and the fumigant's label. No fumigation may be done without prior written notice to the department.
After the field is fumigated, 2 successive potato crops grown on the field show no evidence of potato rot nematode infestation.
If a notice of infestation is withdrawn under par. (e)
, the department may continue to examine potatoes grown on the field to verify that there is no evidence of potato rot nematode infestation.
No table stock potatoes may be marketed unless free from any visible evidence of infection by the potato rot nematode. Culls and waste materials removed in the process of inspection or grading shall be destroyed or disposed of in a manner as approved by the department which will not result in the spread of the disease.
Potatoes from an infested field or warehouse where infected potatoes are found that have been randomly inspected by the department and show no visible evidence of infection may be marketed or shipped for grading or processing for food purposes provided adequate safeguards are taken to prevent the spread of the disease during transit, grading, or processing. Potatoes showing evidence of infection and all cull and waste material resulting from the inspection, grading, or processing of the potatoes shall be destroyed or disposed of in a manner which prevents spread of the disease.
No potatoes from an infested field may be delivered to another state without written approval of the department and the responsible plant pest control authority in that other state.
Potatoes grown on infested fields shall not be certified or sold for seed purposes, except that potatoes grown on infested fields in the second year following fumigation may be certified or sold for seed purposes with the approval of the department. The department may grant approval if, in the judgment of the department and the college, the infestation has been thoroughly eliminated and a disease hazard no longer exists.
Potatoes grown on adjacent or exposed fields may be certified and sold for seed purposes only with written approval of the department. Approval shall not be granted if, in the judgment of the department and the college, the fields may be infested or there is a danger that the disease may spread.
If potatoes infected with potato rot nematode are found in any warehouse, no potatoes from that warehouse may be certified or sold for seed purposes except with the approval of the department and the college. Approval may be granted for the certification or sale of potatoes from the warehouse for seed purposes if, in the judgment of the department and the college, all of the following conditions are met:
The potatoes were cultivated, harvested, and stored in a manner which minimizes the spread of potato rot nematode.
The potatoes were not stored in the same bin with potatoes infected with potato rot nematode.
The warehouse and storage bins are constructed, maintained, and operated in a manner which effectively precludes the spread of potato rot nematode between bins.
There is minimal risk that the certification or sale of the potatoes will result in the spread of potato rot nematode.
If a warehouse is found to contain potatoes infected with potato rot nematode, certified seed potatoes shall not be stored in that warehouse until all potatoes are removed from the warehouse and the warehouse is thoroughly cleaned and disinfected under the supervision of the college.
ATCP 21.14 History
Renum. from ATCP 27.01 to 27.05 and am. (1) (b), (f), (3) (e) (intro.), (f) (intro.) and (g), Register, February, 1996, No. 482
, eff. 3-1-96.
“Cull pile" means a waste pile of harvested potatoes and includes seed cutting slivers and waste, storage remnants, and sweepings.
“Late blight" means the fungal disease Phytophthora infestans
“Volunteer potato plants" means potato plants that germinate in places where they were not intentionally planted during the current calendar year, or that germinate from cull potatoes spread on land.
(2) Disposing of cull piles.
A person who owns or controls land on which potato cull piles are located shall dispose of those cull piles by May 20 of each year by one of the following methods:
By feeding the cull potatoes to livestock so that they are completely consumed by May 20.
By spreading the cull potatoes on fields and incorporating the cull potatoes into the soil.
By depositing the cull potatoes in a licensed landfill with the written permission of the landfill operator.
By another method which the department approves in writing.
(3) Controlling volunteer potato plants.
Whenever volunteer potato plants appear on land, the person who owns or controls that land shall immediately remove or kill those volunteer potato plants. Pesticides used to kill volunteer potato plants shall be labeled for the crop in which the volunteer plants emerge, or for the site at which they emerge.
The department may issue pest quarantine and abatement orders under ss. 94.01
, Stats., and s. ATCP 21.03
, to prevent or control late blight infestations, or to remedy violations of this section.
If the department finds any field infested with late blight, the department may order the person owning or controlling that field to treat it, in a manner specified by the department, in order to control or eliminate the infestation. Treatment may include pesticide applications specified by the department.
The department may order the destruction of a potato crop infested with late blight if the department finds that alternative measures will not adequately prevent or mitigate the spread of late blight.
The department may seek to prosecute violations of this section under s. 94.77
ATCP 21.15 Note
Note: The University of Wisconsin-Extension plant pathology and horticulture departments have developed integrated pest management procedures (IPM) that help protect against late blight. Growers are urged to follow these IPM procedures. IPM procedures and late blight forecasting information are available from the UW-extension county agricultural agent, or through a UW-extension computer program called the potato disease management plan under WISDOM.
ATCP 21.15 History
Emerg. cr. eff. 5-1-96; cr. Register, April, 1997, No. 496
, eff. 5-1-97.
ATCP 21.16 Hemlock woolly adelgid; import controls. ATCP 21.16(1)(1)
Hemlock imports restricted.
Except as provided in sub. (2)
, no person may import any of the following items to this state from any of the infested areas identified in Appendix A
(2) Exemptions. Subsection (1)
does not apply if any of the following apply:
A pest control official in the state of origin inspects the imported items and certifies any of the following in a phytosanitary certificate that accompanies the import shipment:
That the items originate from non-infested premises and have not been exposed to hemlock woolly adelgid.
That the items were found, at the time of inspection, to be free of hemlock woolly adelgid.
That the items have been effectively treated to destroy hemlock woolly adelgid. The phytosanitary certificate shall specify the pesticide or other treatment used.
That the items are produced, processed, stored, handled, or used under conditions, described in the phytosanitary certificate, that effectively preclude the transmission of hemlock woolly adelgid.
The items are imported under a written agreement between the importer and the department. The agreement shall specify import terms and conditions including the following:
Required import conditions that will, in the department's opinion, effectively prevent the spread of hemlock woolly adelgid.
Provisions authorizing the department to cancel the agreement at any time, with or without cause or prior notice.
ATCP 21.16 History
History: CR 02-121
: cr. Register July 2003 No. 571
, eff. 8-1-03.
ATCP 21.17 Emerald ash borer; import controls and quarantine. ATCP 21.17(1)(1)
Importing or moving regulated items from infested areas; prohibition.
Except as provided in sub. (3)
, no person may do any of the following:
Import a regulated item under sub. (2)
into this state if that item originates from an emerald ash borer regulated area identified in 7 CFR 301.53
Move any regulated item under sub. (2)
out of an emerald ash borer regulated area that is identified in 7 CFR 301.53
and located in this state.
ATCP 21.17 Note
The United States department of agriculture, animal and plant health inspection service (USDA-APHIS) periodically updates the list of regulated areas in 7 CFR 301.53
. Subsection (1) applies to new regulated areas as those areas are identified in the CFR.
ATCP 21.17 Note
Each year, as a service, the Wisconsin department of agriculture, trade and consumer protection distributes an updated federal CFR listing to nursery license holders and other affected persons in this state. More frequent updates, if any, are available on the department's website at www.datcp.state.wi.us
. Subsection (1) applies to new regulated areas 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 calling (608) 224-4573, by visiting the department's website, or by writing to the following address:
ATCP 21.17 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Agricultural Resource Management
P.O. Box 8911
Madison, WI 53708-8911
(2) Regulated items.
The following are regulated items for purposes of sub. (1)
The emerald ash borer, Agrilus planipennis
Fairmaire, in any living stage.