Section ATCP 21.17 - Emerald ash borer; 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 emerald ash borer regulated area identified in 7 CFR 301.53-3.(b) Move any regulated item under sub. (2) out of an emerald ash borer regulated area that is identified in 7 CFR 301.53-3 and located in this state. Note: The United States department of agriculture, animal and plant health inspection service (USDA-APHIS) periodically updates the list of regulated areas in 7 CFR 301.53-3 . 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 calling (608) 224-4573, 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 emerald ash borer, Agrilus planipennis Fairmaire, in any living stage.(c) Ash limbs, branches, and roots.(d) Ash logs, slabs, or untreated lumber with bark attached.(e) Cut firewood of all non-coniferous species.(f) Ash chips and ash bark fragments (both composted and uncomposted) larger than one inch in diameter.(g) 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 emerald ash borer 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 regulated item originates from non-infested premises and has not been exposed to emerald ash borer.2. The regulated item was found, at the time of inspection, to be free of emerald ash borer.3. The regulated item has been effectively treated to destroy emerald ash borer. The certificate shall specify the date and method of treatment.4. The regulated item is produced, processed, stored, handled, or used under conditions, described in the certificate, that effectively preclude the transmission of emerald ash borer.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 21.17
CR 06-008: cr. Register October 2006 No. 610, eff. 11-1-06.Amended by, correction in (1) (b) (Note) made under s. 35.17, Stats., Register May 2022 No. 797, eff. 6/1/2022The amended version of this section by Register June 2023 No. 810, eff. 7/1/2023 is not yet available.