1. (1) Importing or moving regulated items from infested areas; prohibition. Except as provided in sub. (3), no person may do any of the following:

   1. (a) Import a regulated item under sub. (2) into this state if that item originates from any Phytophthora ramorum regulated area identified in 7 CFR 301.92-3.

   2. (b) Move any regulated item under sub. (2) out of any Phytophthora ramorum regulated area that is identified in 7 CFR 301.92-3 to any Phytophthora ramorum unregulated area within this state.

      Note: The United States department of agriculture, animal and plant health inspection service (USDA-APHIS) periodically updates the listing of regulated areas in 7 CFR 301.92-3. Updates, if any, are available on the department’s website at https://www.datcp.wi.gov. 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 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. (2) Regulated items. The following are regulated items for purposes of sub. (1):

   1. (a) Nursery stock (except acorns and seeds), unprocessed wood, and unprocessed wood and plant products, including bark chips, firewood, logs, lumber, mulch, wreaths, garlands, and greenery of the host plant taxa identified in 7 CFR 301.92-2 (d) as being proven hosts of Phytophthora ramorum or identified in 7 CFR 301.92-2 (e) as being associated with Phytophthora ramorum.

      Note: The United States department of agriculture, animal and plant health inspection service (USDA-APHIS) periodically updates the listing of proven hosts and associated plant taxa in 7 CFR 301.92-2. Updates, if any, are available on the department’s website at https://www.datcp.wi.gov. Subsection (2) applies to new proven hosts and associated plant taxa 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 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. (b) Soil or potted media.
   3. (c) All cultures and live material of Phytophthora ramorum (Werres et al.).
   4. (d) 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 Phytophthora ramorum and notifies the person in possession of the item or substance that it is subject to the restrictions of the regulations.

3. (3) Inspected and certified items; exemption. Subsection (1) does not apply if a pest control official in the state or province of origin inspects the regulated item and certifies any of the following in a certificate that accompanies the shipment:

   1. (a) That the inspected items originate from non-infested premises and have not been exposed to Phytophthora ramorum.
   2. (b) That the inspected items were found, at the time of inspection, to be free of Phytophthora ramorum.
   3. (c) That the inspected items have been effectively treated to destroy Phytophthora ramorum. The certificate shall specify the date and method of treatment used.
   4. (d) That the inspected items are produced, processed, stored, handled, or used under conditions, described in the certificate, that effectively preclude the transmission of Phytophthora ramorum.

History

History: CR 06-008: cr. Register October 2006 No. 610, eff. 11-1-06; CR 22-022: am. (1) (b), (2) (a) Register June 2023 No. 810, eff. 7-1-23.