ATCP 21.01(8r)(8r)“Hemlock woolly adelgid” means the live insect, Adelges tsugae, family Adelgidae, in any life stage.
ATCP 21.01(8w)(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.
ATCP 21.01(9)(9)“Person” means an individual, corporation, partnership, cooperative, limited liability company, trust, or other legal entity.
ATCP 21.01(10)(10)“Pest” has the meaning specified in s. 93.01 (10), Stats. “Pest” includes honeybee diseases, pests of honeybees, and undesirable honeybees.
ATCP 21.01(11)(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.
ATCP 21.01(12m)(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).
ATCP 21.01(13)(13)“Undesirable honeybees” means either of the following:
ATCP 21.01(13)(a)(a) Africanized honeybees.
ATCP 21.01(13)(b)(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.
ATCP 21.01 NoteNote: See ss. 93.01 (10) and 94.69 (1), Stats., and s. ATCP 29.02, Wis. Adm. Code.
ATCP 21.01(14)(14)“Used beekeeping equipment” means any equipment previously used as part of a beehive, and includes a drawn comb.
ATCP 21.01 HistoryHistory: 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 21.02ATCP 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.
ATCP 21.02 HistoryHistory: Cr. Register, November, 1990, No. 419, eff. 12-1-90.
ATCP 21.03ATCP 21.03Pest 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.
ATCP 21.03 NoteNote: See ss. 94.01 (1) and (2), 93.07 (10) and 94.76, Stats.
ATCP 21.03(2)(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.
ATCP 21.03(3)(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:
ATCP 21.03(3)(a)(a) Personal service.
ATCP 21.03(3)(b)(b) Certified mail.
ATCP 21.03(3)(c)(c) Posting a copy of the order at 2 conspicuous places on the premises affected by the order.
ATCP 21.03(4)(4)Proof of service. Service of an order under sub. (1) or (2) may be proved by affidavit or certified mail return receipt.
ATCP 21.03(5)(5)Contents of order. An order under sub. (1) or (2) shall contain the following information:
ATCP 21.03(5)(a)(a) The name and address of a person having custody or control of the property or material affected by the order, if known.
ATCP 21.03(5)(b)(b) A description of the plants or other materials affected by the order.
ATCP 21.03(5)(c)(c) A description of the premises affected by the order.
ATCP 21.03(5)(d)(d) The reason for the order.
ATCP 21.03(5)(e)(e) All terms and conditions applicable to the order.