Section ATCP 21.04 - Pests 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.
(2) EXEMPTIONS. No permit is required under sub. (1) for any of the following: (a) A pesticide registered by the federal environmental protection agency under 7 USC 136 et seq.(b) A pesticide registered by the department under s. ATCP 29.72 to meet a special local need in this state.(c) A pesticidal material distributed or used under an experimental use permit issued by the department under s. ATCP 29.71.(d) A pest or biological control agent which is indigenous throughout this state, provided that the pest or biological control agent is not restricted by federal or state rule or quarantine order.(e) An agricultural, horticultural, or silvicultural plant that suppresses or controls plant pests or pathogens, provided that the plant has not been declared to be a pest under state or federal law.(3) GENERIC PERMITS. The department may issue a generic permit for recurring similar movements of pests or biological control agents by a permit holder, under conditions prescribed by the department.(4) PERMIT CONDITIONS. The department may prescribe permit conditions which it considers necessary to prevent or limit a pest hazard in this state.(5) PERMIT APPLICATION. A permit application shall be made in writing on a form prescribed by the department. An application shall include all relevant information required by the department, including environmental assessment information if required under ch. ATCP 3.(6) ACTION ON PERMIT. (a) The department shall act on a permit application within 30 business days after a complete application is filed with the department, except that the department shall act: 1. Within 60 days if the applicant seeks a permit to move a genetically engineered pest or biological control agent.2. Within 120 days if the applicant seeks a permit to release a genetically engineered pest or biological control agent into the environment of this state.(b) The department may deny an application without prejudice to a subsequent re-application if additional time or information is required for an environmental assessment.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 21.04
Cr. Register, November, 1990, No. 419, eff. 12-1-90; am. (1) (intro.), cr. (2) (e), Register, December, 1994, No. 468, eff. 1-1-95; correction in (2) (b) and (c) made under s. 13.93(2m) (b) 7, Stats., Register, March, 1999, No. 519.