Register April 2017 No. 736
Chapter ATCP 21
PLANT INSPECTION AND PEST CONTROL
Pest surveys and inspections; information.
Pest quarantines and abatement orders.
Pests and biological control agents; permit to move or release.
Inspection and certification services; fees.
Gypsy moth; import controls and quarantine.
Pine shoot beetle; import controls and quarantine.
Honeybees; import controls.
Potato rot nematode.
Potato late blight.
Hemlock woolly adelgid; import controls.
Emerald ash borer; import controls and quarantine.
Asian longhorned beetle; import controls and quarantine.
Phytophthora ramorum; import controls and quarantine.
Treated firewood from certified sources.
Thousand cankers disease of walnut trees.
Mountain Pine Beetle; import controls and quarantine.
Ch. ATCP 21 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Chapter Ag 21 as it existed on November 30, 1990 was repealed and a new ch.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 Definitions.
As used in this chapter:
“Africanized honeybee" means any African honeybee, any hybrid of an African honeybee, or any hybrid of that hybrid.
“American foulbrood" means Paenibacillus
larvae and related pathogens.
“Asian longhorned beetle" means the live insect, Anoplophora glabripennis
(Motschulsky), family Cerambycidae, in any living stage of development.
“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.
“Colony" means a group of honeybees consisting of a queen, adult honeybees, and brood.
“Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
“Emerald ash borer" means the live insect,
Fairmaire, family Buprestidae, in any living stage of development.
“Firewood" means wood sold or distributed and used for burning for heat, or for recreational burning, and includes home heating and campfire wood.
“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.
“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.
“Gypsy moth" means the live insect, Lymantria dispar,
family Lymantriidae, in any life stage, including the egg, larva, pupa, or adult stage.
“Hemlock woolly adelgid" means the live insect, Adelges tsugae
, family Adelgidae, in any life stage.
“Infestation" means the presence of a regulated plant pest, or conditions that make it reasonable to believe that a regulated plant pest is present.
“Person" means an individual, corporation, partnership, cooperative, limited liability company, trust, or other legal entity.
“Pest" has the meaning specified in s. 93.01 (10)
, Stats. “Pest" includes honeybee diseases, pests of honeybees, and undesirable honeybees.
“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.
“Pine shoot beetle" means the live insect,
family Scolytidae, in any life stage, including the egg, larva, pupa, or adult stage.
“Undesirable honeybees" means either of the following:
Honeybee species which, because of their undesirable genetic traits, are declared by the department or the United States department of agriculture to be pests.
“Used beekeeping equipment" means any equipment previously used as part of a beehive, and includes a drawn comb.
ATCP 21.01 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 Pest 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
ATCP 21.02 History
Cr. Register, November, 1990, No. 419
, eff. 12-1-90.
ATCP 21.03 Pest 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.
(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.
(3) Serving the order.
An order under sub. (1)
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)
may be served by any of the following methods: