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   Spongy moth; 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 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 21.22   Mountain Pine Beetle; import controls and quarantine.
ATCP 21.23   Elongate hemlock scale; import controls and quarantine.
Note: Chapter Ag 21 as it existed on November 30, 1990 was repealed and a new ch.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 21.01Definitions. As used in this chapter:
(1)“Africanized honeybee” means any African honeybee, any hybrid of an African honeybee, or any hybrid of that hybrid.
(2)“American foulbrood” means Paenibacillus larvae and related pathogens.
(2r)“Asian longhorned beetle” means the live insect, Anoplophora glabripennis (Motschulsky), family Cerambycidae, in any living stage of development.
(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.
(4)“Biological control agent” has the meaning specified in s. 94.03 (2), Stats.
(5)“Colony” means a group of honeybees consisting of a queen, adult honeybees, and brood.
(6)“Department” means the state of Wisconsin department of agriculture, trade and consumer protection.
(6p)“Firewood” means wood sold or distributed and used for burning for heat, or for recreational burning, and includes home heating and campfire wood.
(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.
(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.
(8)“Spongy moth” means the live insect, Lymantria dispar, family Lymantriidae, in any life stage, including the egg, larva, pupa, or adult stage.
(8g)“Hemlock” means a tree or shrub of the genus Tsuga, including all cultivars.
(8r)“Hemlock woolly adelgid” means the live insect, Adelges tsugae, family Adelgidae, in any life stage.
(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.
(9)“Person” means an individual, corporation, partnership, cooperative, limited liability company, trust, or other legal entity.
(10)“Pest” has the meaning specified in s. 93.01 (10), Stats. “Pest” includes honeybee diseases, pests of honeybees, and undesirable honeybees.
(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.
(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).
(13)“Undesirable honeybees” means either of the following:
(a) Africanized honeybees.
(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.
Note: See ss. 93.01 (10) and 94.69 (1), Stats., and s. ATCP 29.02, Wis. Adm. Code.
(14)“Used beekeeping equipment” means any equipment previously used as part of a beehive, and includes a drawn comb.
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; CR 22-022: r. (2g), (6m), am. (8g), r. (12) Register June 2023 No. 810, eff. 7-1-23; CR 22-080: am. (8), r. (15) Register February 2024 No. 818, eff. 3-1-24.
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.
History: Cr. Register, November, 1990, No. 419, eff. 12-1-90.
ATCP 21.03Pest quarantines and abatement orders.
(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.
Note: See ss. 94.01 (1) and (2), 93.07 (10) and 94.76, Stats.
(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) 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:
(a) Personal service.
(b) Certified mail.
(c) Posting a copy of the order at 2 conspicuous places on the premises affected by the order.
(4)Proof of service. Service of an order under sub. (1) or (2) may be proved by affidavit or certified mail return receipt.
(5)Contents of order. An order under sub. (1) or (2) shall contain the following information:
(a) The name and address of a person having custody or control of the property or material affected by the order, if known.
(b) A description of the plants or other materials affected by the order.
(c) A description of the premises affected by the order.
(d) The reason for the order.
(e) All terms and conditions applicable to the order.
(f) Notice that persons adversely affected by the order may request a hearing to review the order.
(6)Duration of quarantine. A quarantine under sub. (1) remains in effect until the department releases the quarantine in writing, unless the quarantine is set aside after review under sub. (7).
(7)Review of orders. A person adversely affected by an order under sub. (1) or (2) may, within 10 days after the order is served, request a hearing before the department to review the order. The department shall conduct an informal hearing as soon as reasonably possible, and not later than 10 days after receiving a request for hearing. If the matter is not resolved after informal hearing, the person requesting the hearing may seek a formal hearing before the department under ch. 227, Stats. A request for hearing does not stay an order under sub. (1) or (2).
History: Cr. Register, November, 1990, No. 419, eff. 12-1-90.
ATCP 21.04Pests and biological control agents; permit to move or release.
(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.:
(a) Import any pest or biological control agent into this state.
(b) Move or distribute any pest or biological control agent within this state.
(c) Release any pest or biological control agent into the environment in this state.
Note: 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.
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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.