Section ATCP 21.20 - Treated firewood from certified sources(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: (a) The firewood originates from a firewood dealer who is certified under sub. (2).(b) The certified firewood dealer has treated the firewood, at a location identified in sub. (2) (c) 3., according to the representations made in sub. (2) (d).(c) The firewood is labeled as treated firewood. The label shall bear the certification number under sub. (2) (a) of the firewood dealer who treated the firewood in this state and shall specify the method of treatment of the firewood and the state and county in which the wood was harvested. The certification number on each label shall be not less than twelve-point font.(2) VOLUNTARY CERTIFICATION OF FIREWOOD DEALERS.(a)General. The department may annually certify a firewood dealer for purposes of sub. (1)(a). The department shall issue its certification in writing. The certification shall include a unique certification number assigned to the firewood dealer. An annual certification expires on the anniversary date of the initial certification. A firewood dealer is not required to be certified under this subsection in order to sell or distribute firewood in this state. (b)Certification standards. The department may certify a firewood dealer under par. (a) if all of the following apply:1. The firewood dealer submits a complete application under par. (c).2. The department inspects all of the business premises identified under par. (c) 3. and determines, based on that inspection, that the firewood dealer is equipped to fulfill all of the firewood dealer's representations under par. (d).(c)Applying for certification. A firewood dealer who wishes to be certified under par. (a) shall submit a certification application to the department, on a form provided by the department. The application shall include all of the following: 1. The correct legal name of the firewood dealer, and any trade names under which the firewood dealer sells or distributes firewood in this state.2. The address of the firewood dealer's business headquarters.3. The address of every business location in this state at which the firewood dealer treats firewood for purposes of sub. (1) (b). 4. The approximate annual volume of firewood that the firewood dealer sells or distributes in this state, including treated and untreated firewood.5. The approximate annual volume of firewood that the firewood dealer treats at each location identified under subd. 3.6. Each state and county from which the firewood dealer obtains firewood for sale or distribution in this state.7. The name and address of each person from whom the firewood dealer procures wood for sale or distribution in this state.8. The statement required under par. (d).9. An annual certification fee of $50 for each firewood treatment location identified under subd. 3. If the certification standards for heat treating are not met on the first attempt, the department shall charge a fee of $200. Note:You may obtain an application form, without charge, by contacting the Department of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911. You may also obtain the application form at the following web address: https://datcp.wi.gov/Documents/FirewoodDealerApplication.pdf.
(d)Statement of firewood dealer. An application under par. (c) shall include the following signed and notarized statement by the firewood dealer or by an authorized officer or representative of the firewood dealer: "The firewood dealer certifies that, before selling or distributing any firewood in this state as treated firewood, the dealer will treat that firewood in this state in one of the following ways:
1.Heating each piece of firewood to a temperature at least 140° F. (60° C.) at the center of the piece, and maintaining that temperature for at least 60 minutes.2.Removing all bark, and additional wood to a depth of at least 1/2 inch beneath the bark, from each piece of firewood. The treatment option contained in this paragraph may be used before January 1, 2015.3.Storing the firewood on the firewood dealer's premises for at least 2 years.4.Treating the firewood in a manner approved, in writing, by the Wisconsin Department of Agriculture, Trade and Consumer Protection, to kill all insect pests that may inhabit the firewood."(dm)Recording equipment and records. For the treatment of firewood under item 1. in the statement required under par. (d) (intro.) a firewood dealer shall have electronic temperature and time recording equipment for each heat treatment vessel the dealer operates. The dealer shall keep a record of the time and temperature recorded by the electronic time and temperature recording equipment of each heat treatment the dealer runs for 3 years after the date of the treatment.(e)Notice of change. A firewood dealer shall immediately notify the department if, at any time before or after the firewood dealer is certified under par. (a), the firewood dealer's statement under par. (d) is no longer accurate. (f)Action on application. The department shall grant or deny an application under par. (c) within 60 business days after the department receives a complete application. If the department denies an application, the denial notice shall include the reasons for denial.(g)Withdrawing certification. The department may withdraw a certification under par. (a) if the department finds that the firewood dealer has materially misrepresented any information in the application under par. (c), or has failed to fulfill any representation included in the statement under par. (d). (h)Department not a warrantor. A certification under this subsection does not constitute a warranty by the department that firewood is free of pests, or that the certified firewood dealer has complied with all of the representations made in the application for certification.(3) SELLER REPRESENTATIONS. No seller or distributor of firewood may do any of the following, directly or by implication:(a) Misrepresent that the firewood originates from a dealer certified under sub. (2).(b) Misrepresent that that firewood is treated firewood.(c) Represent that firewood is treated firewood, unless the firewood is labeled as treated firewood and the label bears the certification number under sub. (2) (a) of the firewood dealer who treated the firewood in this state.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 21.20
CR 07-085: cr. Register March 2008 No. 627, eff. 4-1-08; correction in (1) made under s. 13.92(4) (b) 7, Stats., Register July 2011 No. 667; CR 11-051: am. (1) (c), (2) (a), (c) 9., r. and recr. (2) (d), cr. (2) (dm) Register July 2012 No. 679, eff. 8-1-12.Amended by, correction in (2) (c) 9. (Note) made under s. 13.92(4) (b) 7, Stats., Register January 2017 No. 733, eff. 2/1/2017