Chapter ATCP 21

ATCP 21.15(1)(a) (a) “Cull pile” means a waste pile of harvested potatoes and includes seed cutting slivers and waste, storage remnants, and sweepings.

ATCP 21.15(1)(b) (b) “Late blight” means the fungal disease Phytophthora infestans.

ATCP 21.15(1)(c) (c) “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.

ATCP 21.15(2) (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:

ATCP 21.15(2)(a) (a) By feeding the cull potatoes to livestock so that they are completely consumed by May 20.

ATCP 21.15(2)(b) (b) By spreading the cull potatoes on fields and incorporating the cull potatoes into the soil.

ATCP 21.15(2)(c) (c) By depositing the cull potatoes in a licensed landfill with the written permission of the landfill operator.

ATCP 21.15(2)(d) (d) By another method which the department approves in writing.

ATCP 21.15(3) (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.

ATCP 21.15(4) (4) Enforcement.

ATCP 21.15(4)(a) (a) The department may issue pest quarantine and abatement orders under ss. 94.01 and 94.02, Stats., and s. ATCP 21.03, to prevent or control late blight infestations, or to remedy violations of this section.

ATCP 21.15(4)(b) (b) 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.

ATCP 21.15(4)(c) (c) 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.

ATCP 21.15(4)(d) (d) The department may seek to prosecute violations of this section under s. 94.77, Stats.

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 History: Emerg. cr. eff. 5-1-96; cr. Register, April, 1997, No. 496, eff. 5-1-97.

ATCP 21.16 ATCP 21.16 Hemlock woolly adelgid; import controls and quarantine.

ATCP 21.16(1) (1) Hemlock movement or imports restricted from the infested area.

ATCP 21.16(1)(a) (a) In this subsection, “infested area” means all of the following:

ATCP 21.16(1)(a)1. 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.

ATCP 21.16(1)(a)2. 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.

ATCP 21.16(1)(b) (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:

ATCP 21.16(1)(b)1. 1. Hemlock seedlings.

ATCP 21.16(1)(b)2. 2. Hemlock nursery stock.

ATCP 21.16(1)(b)3. 3. Hemlock logs with bark.

ATCP 21.16(1)(b)4. 4. Hemlock lumber with bark.

ATCP 21.16(1)(b)5. 5. Hemlock bark chips.

ATCP 21.16(1)(b)6. 6. Hemlock bark.

ATCP 21.16(1)(b)7. 7. Cut hemlock trees.

ATCP 21.16(1)(b)8. 8. Hemlock branches.

ATCP 21.16(2) (2) Exemptions. Subsection (1) does not apply if any of the following apply:

ATCP 21.16(2)(a) (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:

ATCP 21.16(2)(a)1. 1. That the items originate from non-infested premises and have not been exposed to hemlock woolly adelgid.

ATCP 21.16(2)(a)2. 2. That the items were found, at the time of inspection, to be free of hemlock woolly adelgid.

ATCP 21.16(2)(a)3. 3. That the items have been effectively treated to destroy hemlock woolly adelgid. The phytosanitary certificate shall specify the pesticide or other treatment used.

ATCP 21.16(2)(a)4. 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.

ATCP 21.16(2)(b) (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:

ATCP 21.16(2)(b)1. 1. The name and address of the importer and import recipient.

ATCP 21.16(2)(b)2. 2. The proposed source and destination of each import shipment.

ATCP 21.16(2)(b)3. 3. The proposed import dates or time period.

ATCP 21.16(2)(b)4. 4. The items to be imported in each proposed shipment.

ATCP 21.16(2)(b)5. 5. The proposed size and frequency of import shipments.

ATCP 21.16(2)(b)6. 6. The proposed method of import.

ATCP 21.16(2)(b)7. 7. Required import conditions that will, in the department’s opinion, effectively prevent the spread of hemlock woolly adelgid.

ATCP 21.16(2)(b)8. 8. Provisions authorizing the department to cancel the agreement at any time, with or without cause or prior notice.

ATCP 21.16(3) (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.

ATCP 21.16 History 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 ATCP 21.18 Asian longhorned beetle; import controls and quarantine.

ATCP 21.18(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:

ATCP 21.18(1)(a) (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.

ATCP 21.18(1)(b) (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.

ATCP 21.18 Note 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.

ATCP 21.18 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 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:

ATCP 21.18 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Agricultural Resource Management
P.O. Box 8911
Madison, WI 53708-8911

ATCP 21.18(2) (2) Regulated items. The following are regulated items for purposes of sub. (1):

ATCP 21.18(2)(a) (a) The Asian longhorned beetle, Anoplophora glabripennis (Motschulsky), in any living stage.

ATCP 21.18(2)(b) (b) Cut firewood of all non-coniferous species.

ATCP 21.18(2)(c) (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.

ATCP 21.18(2)(d) (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.

ATCP 21.18(3) (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:

ATCP 21.18(3)(a) (a) Inspects the regulated item.

ATCP 21.18(3)(b) (b) Certifies any of the following in a certificate that accompanies the shipment:

ATCP 21.18(3)(b)1. 1. The inspected item originates from non-infested premises and has not been exposed to Asian longhorned beetle.

ATCP 21.18(3)(b)2. 2. The inspected item was found, at the time of inspection, to be free of Asian longhorned beetle.

ATCP 21.18(3)(b)3. 3. The inspected item has been effectively treated to destroy Asian longhorned beetle. The certificate shall specify the date and method of treatment.

ATCP 21.18(3)(b)4. 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.

ATCP 21.18 History History: CR 06-008: cr. Register October 2006 No. 610, eff. 11-1-06.

ATCP 21.19 ATCP 21.19 Phytophthora ramorum; import controls and quarantine.

ATCP 21.19(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:

ATCP 21.19(1)(a) (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.

ATCP 21.19(1)(b) (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.

ATCP 21.19 Note 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:

ATCP 21.19 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Agricultural Resource Management
P.O. Box 8911
Madison, WI 53708-8911

ATCP 21.19(2) (2) Regulated items. The following are regulated items for purposes of sub. (1):

ATCP 21.19(2)(a) (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.

ATCP 21.19 Note 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:

ATCP 21.19 Note Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Agricultural Resource Management
P.O. Box 8911
Madison, WI 53708-8911

ATCP 21.19(2)(b) (b) Soil or potted media.

ATCP 21.19(2)(c) (c) All cultures and live material of Phytophthora ramorum (Werres et al.).

ATCP 21.19(2)(d) (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.

ATCP 21.19(3) (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:

ATCP 21.19(3)(a) (a) That the inspected items originate from non-infested premises and have not been exposed to Phytophthora ramorum.

ATCP 21.19(3)(b) (b) That the inspected items were found, at the time of inspection, to be free of Phytophthora ramorum.

ATCP 21.19(3)(c) (c) That the inspected items have been effectively treated to destroy Phytophthora ramorum. The certificate shall specify the date and method of treatment used.

ATCP 21.19(3)(d) (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.

ATCP 21.19 History 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 ATCP 21.20 Treated firewood from certified sources.

ATCP 21.20(1) (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:

ATCP 21.20(1)(a) (a) The firewood originates from a firewood dealer who is certified under sub. (2).