Wisconsin Legislature: ATCP 21.18

(a) In this subsection, “infested area” means all of the following:

1. The states of Alaska, California, Connecticut, Delaware, Georgia, Idaho, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New York, New Jersey, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington, West Virginia, the District of Columbia, and the Canadian provinces of British Columbia, and Nova Scotia.

2. Any state or country, or any delineated area within a state or country, which the responsible state agency has declared to be infested with hemlock woolly adelgid.

(b) Except as provided in sub. (2), no person may import any of the following items to this state from the infested area; or move any of the following items from an infested area to an area that is not infested within this state:

1. Hemlock seedlings.

2. Hemlock nursery stock.

3. Hemlock logs with bark.

4. Hemlock lumber with bark.

5. Hemlock bark chips.

6. Hemlock bark.

7. Cut hemlock trees.

8. Hemlock branches.

(2) Exemptions. Subsection (1) does not apply if any of the following apply:

(a) 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:

1. That the items originate from non-infested premises and have not been exposed to hemlock woolly adelgid.

2. That the items were found, at the time of inspection, to be free of hemlock woolly adelgid.

3. That the items have been effectively treated to destroy hemlock woolly adelgid. The phytosanitary certificate shall specify the pesticide or other treatment used.

4. 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.

(b) 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:

1. The name and address of the importer and import recipient.

2. The proposed source and destination of each import shipment.

3. The proposed import dates or time period.

4. The items to be imported in each proposed shipment.

5. The proposed size and frequency of import shipments.

6. The proposed method of import.

7. Required import conditions that will, in the department’s opinion, effectively prevent the spread of hemlock woolly adelgid.

8. Provisions authorizing the department to cancel the agreement at any time, with or without cause or prior notice.

(3) Knowingly importing plant pest; prohibition. No person may knowingly import live hemlock woolly adelgid, Adelges tsugae (Annand) into this state, except pursuant to a permit under s. 94.03, Stats., and s. ATCP 21.04.

History: CR 02-121: cr. Register July 2003 No. 571, eff. 8-1-03; CR 18-019: am. (1) Register January 2020 No. 769, eff. 2-1-20; CR 22-022: am. (title), cr. (1) (a), renum. (1) (intro.) to (1) (b), renum. (1) (a) to (d) to (1) (b) 1. to 4., renum. (1) (e), (f) to (1) (b) 5., 6. and am. cr. (1) (b) 7., 8., cr. (3) Register June 2023 No. 810, eff. 7-1-23; correction in (1) (a) (intro.) made under s. 35.17, Stats., Register June 2023 No. 810.

ATCP 21.18 Asian longhorned beetle; import controls and quarantine.

(1) Importing or moving regulated items from infested areas; prohibition. Except as provided in sub. (3), no person may do any of the following:

(a) Import a regulated item under sub. (2) into this state if that item originates from an Asian longhorned beetle regulated area identified in 7 CFR 301.51-3.

(b) Move a regulated item under sub. (2) out of a regulated area that is identified in 7 CFR 301.51-3 and located in this state.

Note: The United States department of agriculture, animal and plant health inspection service (USDA-APHIS) periodically updates the listing of regulated areas in 7 CFR 301.51-3. Subsection (1) applies to new regulated areas as those areas are identified in the CFR.

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 https://datcp.wi.gov/Pages/Homepage.aspx. 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 visiting the department’s website, or by writing to the following address:

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):

(a) The Asian longhorned beetle, Anoplophora glabripennis (Motschulsky), in any living stage.

(b) Cut firewood of all non-coniferous species.

(c) Trees, tree parts, wood, or debris, more than ½ inch in diameter, from any of the following genera: Acer (maple), Aesculus (buckeye), Albizia (mimosa), Betula (birch), Celtis (hackberry), Fraxinus (ash), Platanus (sycamore), Populus (poplar), Salix (willow), Sorbus (mountain ash), and Ulmus (elm). This includes nursery stock, logs, green lumber, stumps, roots, and branches, whether living, dead, cut, or fallen.

(d) Any other item or substance not listed in sub. (2) that may be designated as a regulated item if a pest control official determines that it presents a risk of spreading Asian longhorned beetle and notifies the person in possession of the item or substance that it is subject to the restrictions of the regulations.

(3) Inspected and certified items; exemption. Subsection (1) does not prohibit the shipment of a regulated item if a pest control official in the state or province of origin does all of the following:

(a) Inspects the regulated item.

(b) Certifies any of the following in a certificate that accompanies the shipment:

1. The inspected item originates from non-infested premises and has not been exposed to Asian longhorned beetle.

2. The inspected item was found, at the time of inspection, to be free of Asian longhorned beetle.

3. The inspected item has been effectively treated to destroy Asian longhorned beetle. The certificate shall specify the date and method of treatment.

4. The inspected item was produced, processed, stored, handled, or used under conditions, described in the certificate, that effectively preclude the transmission of Asian longhorned beetle.

History: CR 06-008: cr. Register October 2006 No. 610, eff. 11-1-06.

ATCP 21.19 Phytophthora ramorum; import controls and quarantine.

(1) Importing or moving regulated items from infested areas; prohibition. Except as provided in sub. (3), no person may do any of the following:

(a) Import a regulated item under sub. (2) into this state if that item originates from any Phytophthora ramorum regulated area identified in 7 CFR 301.92-3.

(b) Move any regulated item under sub. (2) out of any Phytophthora ramorum regulated area that is identified in 7 CFR 301.92-3 to any Phytophthora ramorum unregulated area within this state.

Note: The United States department of agriculture, animal and plant health inspection service (USDA-APHIS) periodically updates the listing of regulated areas in 7 CFR 301.92-3. Updates, if any, are available on the department’s website at https://www.datcp.wi.gov. 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 visiting the department’s website, or by writing to the following address:

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):

(a) Nursery stock (except acorns and seeds), unprocessed wood, and unprocessed wood and plant products, including bark chips, firewood, logs, lumber, mulch, wreaths, garlands, and greenery of the host plant taxa identified in 7 CFR 301.92-2 (d) as being proven hosts of Phytophthora ramorum or identified in 7 CFR 301.92-2 (e) as being associated with Phytophthora ramorum.

Note: The United States department of agriculture, animal and plant health inspection service (USDA-APHIS) periodically updates the listing of proven hosts and associated plant taxa in 7 CFR 301.92-2. Updates, if any, are available on the department’s website at https://www.datcp.wi.gov. Subsection (2) applies to new proven hosts and associated plant taxa 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 visiting the department’s website, or by writing to the following address:

Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Agricultural Resource Management
P.O. Box 8911
Madison, WI 53708-8911

(b) Soil or potted media.

(d) Any other item or substance not listed in sub. (2) that may be designated as a regulated item if a pest control official determines that it presents a risk of spreading Phytophthora ramorum and notifies the person in possession of the item or substance that it is subject to the restrictions of the regulations.

(3) Inspected and certified items; exemption. Subsection (1) does not apply if a pest control official in the state or province of origin inspects the regulated item and certifies any of the following in a certificate that accompanies the shipment:

(a) That the inspected items originate from non-infested premises and have not been exposed to Phytophthora ramorum.

(b) That the inspected items were found, at the time of inspection, to be free of Phytophthora ramorum.

(c) That the inspected items have been effectively treated to destroy Phytophthora ramorum. The certificate shall specify the date and method of treatment used.

(d) That the inspected items are produced, processed, stored, handled, or used under conditions, described in the certificate, that effectively preclude the transmission of Phytophthora ramorum.

History: CR 06-008: cr. Register October 2006 No. 610, eff. 11-1-06; CR 22-022: am. (1) (b), (2) (a) Register June 2023 No. 810, eff. 7-1-23.

ATCP 21.20 Treated firewood from certified sources.

(1) Firewood in Wisconsin state parks. For purposes of s. NR 45.045, firewood is from a source approved by the department if all of the following apply:

(a) The firewood originates from a firewood dealer who is certified under sub. (2).

(b) The certified firewood dealer has treated the firewood, at a location identified in sub. (2) (c) 3., according to the representations made in sub. (2) (d).

(c) The firewood is labeled as treated firewood. The label shall bear the certification number under sub. (2) (a) of the firewood dealer who treated the firewood in this state and shall specify the method of treatment of the firewood and the state and county in which the wood was harvested. The certification number on each label shall be not less than twelve-point font.

(2) Voluntary certification of firewood dealers.

(a) General. The department may annually certify a firewood dealer for purposes of sub. (1) (a). The department shall issue its certification in writing. The certification shall include a unique certification number assigned to the firewood dealer. An annual certification expires on the anniversary date of the initial certification. A firewood dealer is not required to be certified under this subsection in order to sell or distribute firewood in this state.

(b) Certification standards. The department may certify a firewood dealer under par. (a) if all of the following apply:

1. The firewood dealer submits a complete application under par. (c).

2. The department inspects all of the business premises identified under par. (c) 3. and determines, based on that inspection, that the firewood dealer is equipped to fulfill all of the firewood dealer’s representations under par. (d).

(c) Applying for certification. A firewood dealer who wishes to be certified under par. (a) shall submit a certification application to the department, on a form provided by the department. The application shall include all of the following:

1. The correct legal name of the firewood dealer, and any trade names under which the firewood dealer sells or distributes firewood in this state.

2. The address of the firewood dealer’s business headquarters.

3. The address of every business location in this state at which the firewood dealer treats firewood for purposes of sub. (1) (b).

4. The approximate annual volume of firewood that the firewood dealer sells or distributes in this state, including treated and untreated firewood.

5. The approximate annual volume of firewood that the firewood dealer treats at each location identified under subd. 3.

6. Each state and county from which the firewood dealer obtains firewood for sale or distribution in this state.

7. The name and address of each person from whom the firewood dealer procures wood for sale or distribution in this state.

8. The statement required under par. (d).

9. An annual certification fee of $50 for each firewood treatment location identified under subd. 3. If the certification standards for heat treating are not met on the first attempt, the department shall charge a fee of $200.

Note: You may obtain an application form, without charge, by contacting the Department of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911. You may also obtain the application form at the following web address: https://datcp.wi.gov/Documents/FirewoodDealerApplication.pdf.