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Dear Wisconsin nurseries, Christmas tree growers, and gardeners:
Wishing you a safe, healthy and joyful holiday season!
Take a moment to read through a few updates from the DATCP nursery program. Please send any feedback, questions, or ideas for future e-news updates to datcpnursery@wisconsin.gov.
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The DATCP Plant Industry Bureau issues Federal and State phytosanitary and Plant Health Certificates to enable Wisconsin producers to move their commodities via interstate or international commerce. These certificates are required by the destination country or state to prevent the spread of injurious plant pests and diseases.
While wood and grain products account for most of the certificates issued, certificates can also be required for nursery stock, Christmas trees, perennials, and house plants. The need for a certificate depends on what and where you are shipping to. Last year, the program issued certificates for more than $1 billion in plants and plant products.
If you are planning to ship plants or plant products to other states or countries, the most important thing to do is plan ahead and contact us to find out the requirements for your shipment(s). Each country or state has its own restrictions for each species of plant. These restrictions can be very easy to meet or could involve detailed inspection or laboratory testing. International shipments might require that the receiver holds an Import Permit, so planning can take time. If there are restrictions on your specific commodity at the destination, and you ship without meeting the requirements, your shipment could be held or even destroyed. A phytosanitary certificate covers one shipment, costs $56, and is valid for 30 days.
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 Japanese Beetle Category Map of US and Canada | National Plant Board image
Over the next few months, we are going to dive into the different compliance agreements you may need depending on your nursery operation. A compliance agreement is a written agreement between a person engaged in growing, handling, or moving regulated articles (plants and plant parts) and a governmental agency to facilitate the movement of such articles. Compliance agreements outline what requirements must be met dependent on the origin of the articles and the destination. Federally regulated plant pests and diseases require a compliance agreement with USDA-APHIS. All other agreements are with DATCP. Compliance agreements are valid for one year and must be renewed annually as needed. There is no fee to enter into a compliance agreement. Compliance agreements are generally pest-specific, so depending on what plant species you move, you may need multiple agreements.
Japanese Beetle Compliance Agreements
If you ship plants west of Minnesota, you are likely required to have a Japanese beetle compliance agreement (JBCA) that ensures you meet the regulations of western states. One important caveat for the JBCA is that bare root stock is exempt, and no JBCA is needed to ship bare root stock. States are divided into 4 categories (see map above) that differ in levels of infestation of Japanese beetle and the requirements that must be met for stock to be allowed in.
Category 1 states are the least infested and include much of the west-coast and intermountain-west. Category 2 states are moderately or only partially infested and include the Great Plains states. States in category 4 are considered “uninhabitable” for Japanese beetle and do not have any regulations. Wisconsin is in category 3, which is the category with the highest infestation. Category 3 states are considered "generally infested". Therefore, shipping stock to Category 1 or 2 states requires a JBCA that outlines the measures you must undertake to prevent the spread of Japanese beetle and ensure compliance with those state regulations. Contact Elizabeth Meils at Elizabeth.Meils@wi.gov or (608) 516-7617 with any questions or to sign up for a JBCA. JBCAs expire February 20th of each year.
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 Winged Burning Bush (Euonymus alatus) | Leslie J. Mehrhoff, University of Connecticut, Bugwood.org
Before the spring shipping season, it is always a good practice to review the laws and regulations regarding plant sales for all the states you intend to purchase from and ship into. Plant law summaries for each state are available on the National Plant Board’s website (nationalplantboard.org). It is important to also check for new plants being added to the lists of regulated invasive species in states you plan to ship to, since each state maintains their own lists of plants regulated as invasive to their state. The Midwest Invasive Plant Network maintains a helpful table listing invasive plants by state on their website (mipm.org).
For nurseries shipping to Minnesota, they have several ornamental plants on their Noxious Weeds list in different categories. Winged burning bush and all cultivars (Euonymus alatus) are “Specially Regulated” as Noxious Weeds and can no longer be transported or sold as of 2023. Siberian Pea Shrub and all cultivars (Caragana arborescens) is listed under “Restrictive Noxious Weeds” with one exemption for Green Spires Caragana (Caragana ‘Jefarb’). These plants were added to Minnesota’s Noxious Weed Law in 2020 with a three-year phase-out which ends in 2023. Additional “Specially Regulated” plants include Amur maple (Acer ginnala) and Norway maple and all cultivars (Acer platanoides). These plants are required to have specific cautions attached to each label. The rule states, “Sellers shall affix a label directly to the plant or container packaging that is being sold that advises buyers to only plant Amur Maple and its cultivars in landscapes where the seedlings will be controlled by mowing or other means. Amur Maple seed is wind dispersed and trees should be planted at least 100 yards from natural areas.” (For Norway maples use same wording, substituting ‘Norway’ for ‘Amur’). If you are a Wisconsin nursery is shipping these plants into Minnesota, be sure your labels have this information attached to each plant.
These are just a few updates on invasive plant laws. It is the responsibility of each nursery, whether you are buying stock in, shipping it out, or both, to familiarize yourself with the plant laws in the states where you do business.
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Nursery and Christmas tree licenses for this growing season (LY2023) will expire on February 20, 2023. Expiration notices to renew your license for the next growing season (LY2024) were emailed out to current license holders the week of November 7, 2022. Paper notices were mailed out at the end of November. Please let us know of any email, or address changes since your last renewal. License renewals can be completed online by using MyDATCP portal. If you need assistance getting into your account, you can email us at DATCPnursery@wisconsin.gov or call us at (608) 224-4574.
Please let us know if you are no longer in business so that we may close your license. This avoids any enforcement actions, which will occur for entities who fail to contact us or renew by the February 20, 2023 deadline.
Watch the short video tutorial to walk you through the online renewal process. For more information, visit the Nursery and Christmas tree licensing webpage, email DATCPnursery@wi.gov, or call (608) 224-4574.
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 2022 Plant Industry Bureau staff | DATCP image
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