Current through August 26, 2024
(1) DEFINITIONS. In this section:
(a) "Adjacent field" means any parcel of land
contiguous to an infested field.
(b) "Certified seed potatoes" means seed
potatoes which have been inspected and certified by the college as having been
produced under, and meeting field and bin inspection standards and requirements
under, ch. ATCP 156, and which have been graded and certified by the department
as being of a grade specified under ch. ATCP 156.
(c) "College" means the college of
agricultural and life sciences of the University of Wisconsin.
(d) "Department" means the state of Wisconsin
department of agriculture, trade and consumer protection.
(e) "Exposed field" means any parcel of land
which may have been exposed to infestation by the potato rot nematode because
of the movement of potatoes, machinery, or equipment, or through any other
means.
(f) "Infested field" means
any parcel of land which is declared to be an infested field under sub. (3), or
which is known to be currently infested in fact with potato rot
nematode.
(g) "Potato rot nematode"
means the nematode (Ditylenchus destructor) which attacks potatoes, causing
rot.
(h) "Quarantine" means an
order of the department requiring isolation of the material named and
prohibiting its movement or disposition except as authorized by the
department.
(i) "Table stock
potatoes" means potatoes grown for use or processing as food for human
consumption.
(2) LIVING
ORGANISM. No person shall move or transport any living specimen of the potato
rot nematode or of any soil or plant materials containing such organism without
a permit from the department. Permit may be granted only for experimental work
or research by governmental agencies, educational institutions, or private
laboratories engaged in plant pest research. The department shall grant or deny
a permit application within 20 business days after the application is filed
with the department, provided that the application is accompanied by all
requisite information and documentation.
(3) INFESTED FIELDS; QUARANTINES.
(a) The department shall, by notice in
writing, declare as an infested field any field or parcel of land on which
potatoes infected with potato rot nematode have been grown.
(b) No potatoes grown on an infested field
may be sold or moved without department approval. Before granting approval, the
department shall perform a harvest-time inspection of the infested field and
randomly selected potatoes grown on the field. The department may issue a
quarantine covering potatoes grown on other exposed or adjacent fields if, in
the judgment of the department, potatoes grown on those fields may be
infected.
(c) No person may plant
potatoes on any infested field without giving prior written notice to the
department. Notice shall indicate the type of potatoes to be grown on the
infested field. The department shall, by March 1 of each year, mail a
questionnaire to all persons known by the department to be owners of potato rot
nematode infested fields or parcels of land. The questionnaire shall state what
crops, if any, are to be grown on the infested field or parcel of land and any
other information required by the department. After the questionnaire is
completed and signed by the owner, it shall be returned to the department by
April 15 of each year. Copies of each completed questionnaire shall be made
available to the Wisconsin potato growers association and the
college.
(d) When the department
has reason to believe that any material, machinery or equipment used in the
production, processing, or distribution of potatoes is contaminated, the person
in charge thereof shall, upon order of the department, fumigate, disinfect,
wash, burn, bury, or otherwise dispose of such contaminated material,
machinery, or equipment as required by such order.
(e) If a field used in the production of
table stock potatoes is designated as an infested field under par. (a), the
department may withdraw that designation only if one of the following
conditions is met:
1. The field has been
fumigated in accordance with pesticide laws and the fumigant's label and there
is no evidence of potato rot nematode infestation in the next potato crop grown
on the field. No fumigation may be done without prior written notice to the
department.
2. There is no evidence
of potato rot nematode infestation in 2 successive potato crops grown on the
field.
(f) If any field
used in the production of certified seed potatoes is designated as an infested
field under par. (a), the department may not withdraw that designation unless
both of the following conditions are met:
1.
The field has been fumigated in accordance with pesticide laws and the
fumigant's label. No fumigation may be done without prior written notice to the
department.
2. After the field is
fumigated, 2 successive potato crops grown on the field show no evidence of
potato rot nematode infestation.
(g) If a notice of infestation is withdrawn
under par. (e) or (f), the department may continue to examine potatoes grown on
the field to verify that there is no evidence of potato rot nematode
infestation.
(4) SALE OR
PROCESSING OF TABLE STOCK POTATOES.
(a) No
table stock potatoes may be marketed unless free from any visible evidence of
infection by the potato rot nematode. Culls and waste materials removed in the
process of inspection or grading shall be destroyed or disposed of in a manner
as approved by the department which will not result in the spread of the
disease.
(b) Potatoes from an
infested field or warehouse where infected potatoes are found that have been
randomly inspected by the department and show no visible evidence of infection
may be marketed or shipped for grading or processing for food purposes provided
adequate safeguards are taken to prevent the spread of the disease during
transit, grading, or processing. Potatoes showing evidence of infection and all
cull and waste material resulting from the inspection, grading, or processing
of the potatoes shall be destroyed or disposed of in a manner which prevents
spread of the disease.
(c) No
potatoes from an infested field may be delivered to another state without
written approval of the department and the responsible plant pest control
authority in that other state.
(5) SALE AS CERTIFIED SEED.
(a) Potatoes grown on infested fields shall
not be certified or sold for seed purposes, except that potatoes grown on
infested fields in the second year following fumigation may be certified or
sold for seed purposes with the approval of the department. The department may
grant approval if, in the judgment of the department and the college, the
infestation has been thoroughly eliminated and a disease hazard no longer
exists.
(b) Potatoes grown on
adjacent or exposed fields may be certified and sold for seed purposes only
with written approval of the department. Approval shall not be granted if, in
the judgment of the department and the college, the fields may be infested or
there is a danger that the disease may spread.
(c) If potatoes infected with potato rot
nematode are found in any warehouse, no potatoes from that warehouse may be
certified or sold for seed purposes except with the approval of the department
and the college. Approval may be granted for the certification or sale of
potatoes from the warehouse for seed purposes if, in the judgment of the
department and the college, all of the following conditions are met:
1. The potatoes were cultivated, harvested,
and stored in a manner which minimizes the spread of potato rot
nematode.
2. The potatoes were not
stored in the same bin with potatoes infected with potato rot
nematode.
3. The warehouse and
storage bins are constructed, maintained, and operated in a manner which
effectively precludes the spread of potato rot nematode between bins.
4. There is minimal risk that the
certification or sale of the potatoes will result in the spread of potato rot
nematode.
(d) If a
warehouse is found to contain potatoes infected with potato rot nematode,
certified seed potatoes shall not be stored in that warehouse until all
potatoes are removed from the warehouse and the warehouse is thoroughly cleaned
and disinfected under the supervision of the college.