Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 20-54 - Agricultural Resource Management
Chapter ATCP 21 - Plant Inspection And Pest Control
Section ATCP 21.03 - Pest quarantines and abatement orders

Universal Citation: WI Admin Code ยง ATCP 21.03

Current through August 26, 2024

(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.

Note: See ss. 94.01(1) and (2), 93.07(10) and 94.76, Stats.

(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.

(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:

(a) Personal service.

(b) Certified mail.

(c) Posting a copy of the order at 2 conspicuous places on the premises affected by the order.

(4) PROOF OF SERVICE. Service of an order under sub. (1) or (2) may be proved by affidavit or certified mail return receipt.

(5) CONTENTS OF ORDER. An order under sub. (1) or (2) shall contain the following information:

(a) The name and address of a person having custody or control of the property or material affected by the order, if known.

(b) A description of the plants or other materials affected by the order.

(c) A description of the premises affected by the order.

(d) The reason for the order.

(e) All terms and conditions applicable to the order.

(f) Notice that persons adversely affected by the order may request a hearing to review the order.

(6) DURATION OF QUARANTINE. A quarantine under sub. (1) remains in effect until the department releases the quarantine in writing, unless the quarantine is set aside after review under sub. (7).

(7) REVIEW OF ORDERS. A person adversely affected by an order under sub. (1) or (2) may, within 10 days after the order is served, request a hearing before the department to review the order. The department shall conduct an informal hearing as soon as reasonably possible, and not later than 10 days after receiving a request for hearing. If the matter is not resolved after informal hearing, the person requesting the hearing may seek a formal hearing before the department under ch. 227, Stats. A request for hearing does not stay an order under sub. (1) or (2).

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