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 21.23 - Elongate hemlock scale; import controls and quarantine

Universal Citation: WI Admin Code ยง ATCP 21.23

Current through August 26, 2024

(1) DEFINITIONS. In this section:

(a) "Elongate hemlock scale" means any living life stage of the invasive insect Fiorinia externa (Ferris), including adults, nymphs, crawlers, or eggs.

(b) "Infested area" means all of the following:
1. The states of Connecticut, Delaware, Georgia, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, and West Virginia; and the District of Columbia.

2. Any state or country, or any delineated area within a state or country, which the responsible state agency has declared to be infested with elongate hemlock scale.

(c) "Pest control official" has the meaning given in s. ATCP 21.01 (11).

(2) KNOWINGLY IMPORTING PLANT PEST; PROHIBITION. No person may knowingly import elongate hemlock scale, Fiorinia externa (Ferris), into this state, except pursuant to a permit under s. 94.03, Stats., and s. ATCP 21.04.

(3) IMPORTING OR MOVING MATERIALS FROM INFESTED AREAS; PROHIBITION. Except as provided in sub. (4), no person may do either of the following:

(a) Import conifer plants or plant parts of the plant taxa Abies spp., Biota orientalis, Juniperus chinensis, Juniperus rigida, Cedrus spp., Picea spp., Pinus spp., Pseudotsuga menziesii, Tsuga canadensis, Tsuga spp., and Taxus spp., including cut Christmas trees, nursery stock, branches, wreaths, or dcor, into this state if those materials originate from or have been exposed to the environment in any infested area.

(b) Move conifer plants or plant parts of the plant taxa Abies spp., Biota orientalis, Juniperus chinensis, Juniperus rigida, Cedrus spp., Picea spp., Pinus spp., Pseudotsuga menziesii, Tsuga canadensis, Tsuga spp., and Taxus spp., including cut Christmas trees, nursery stock, branches, wreaths, or dcor, from an infested area to an area that is not infested within this state.

(4) EXEMPTIONS. Subsection (3) does not apply to any of the following:

(a) Shredded bark and mulch of all tree species.

(b) Processed lumber which is 100 percent bark-free or kiln-dried.

(c) Finished wood products without bark, including furniture or building materials.

(d) Material specified in sub. (3) (a) and (b) that are accompanied by a written certificate, signed by a pest control official in the infested area, which describes the materials and states at least one of the following:
1. The materials originate from an area that is known to be free of elongate hemlock scale, or have not been exposed to elongate hemlock scale. The certificate shall explain the basis for the officials statement.

2. The materials have been effectively treated to destroy elongate hemlock scale. The certificate shall specify the date, method of treatment, and post-treatment data indicating that treated material was examined in the laboratory and found to have no living life stages of elongate hemlock scale.

3. The materials have been produced, processed, stored, handled, or used under conditions, described in the certificate, which effectively preclude the transmission of elongate hemlock scale.

(e) Material imported in compliance with a written agreement, between the importer and the department, which includes all of the following:
1. The name and address of the importer.

2. The type and volume of material that may be imported under the agreement.

3. The locations from which the material may be imported under the agreement.

4. The names and addresses of the persons to whom, and the locations to which, the material may be imported under the agreement.

5. The method by which the material may be imported.

6. The time period covered by the agreement.

7. The importers commitment to keep complete records of each import shipment under the agreement, and to submit those records to the department for inspection and copying upon request.

8. Specific import terms and conditions that will, in the departments opinion, effectively ensure that materials imported pursuant to the agreement will not introduce or spread the elongate hemlock scale.

9. A provision authorizing the department to terminate the agreement, without prior notice, for any reason.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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