1. A. A concentrated animal feeding operation may exceed its animal unit capacity if: 1. A diseased or potentially diseased animal exists at the operation; or 2. A diseased or potentially diseased animal is in the next destination for the production line for the operation; and 3. The owner of the concentrated animal feeding operation has reasonable cause to believe an animal has or may have any disease causing: a. a public health emergency, b. a substantial and imminent economic hardship to the owner, or c. a substantial and imminent threat to the state’s animal population, or 4. The State Board of Agriculture issues an order establishing temporary restrictions, a quarantine, or a quarantine zone restricting the movement of persons, livestock, machinery, and personal property out of a concentrated animal feeding operation. B. In no case shall an animal unit capacity be exceeded for more than five (5) days following a confirmatory test indicating that either the animal is diseased or is not diseased. A confirmatory test shall be performed within twenty (20) days of discovery that a diseased or potentially diseased animal exists at the operation. C. The owner of a concentrated animal feeding operation shall provide written notification to the Oklahoma Department of Agriculture, Food, and Forestry upon discovery of a diseased or potentially diseased animal pursuant to subsection A of this section that may result in the animal unit capacity being exceeded. D. The notice shall: 1. Identify the concentrated animal feeding operation that may exceed its animal unit capacity; and 2. Include an estimate of the number of animals exceeding the animal unit capacity at the concentrated animal unit feeding operation.

Added by Laws 2004, HB 2217, c. 31, § 2, emerg. eff. March 30, 2004; Renumbered from 2 O.S. § 20-49 by Laws 2005, HB 1467, c. 292, § 25, emerg. eff. July 1, 2005.