1. A. A concentrated animal feeding operation may exceed its animal unit capacity if:

   1. 1. A diseased or potentially diseased animal exists at the operation; or
   2. 2. A diseased or potentially diseased animal is in the next destination for the production line for the operation; and

   3. 3. The owner of the concentrated animal feeding operation has reasonable cause to believe an animal has or may have any disease causing:

      1. a. a public health emergency,
      2. b. a substantial and imminent economic hardship to the owner, or
      3. c. a substantial and imminent threat to the animal population of the state, or
   4. 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.
2. 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.
3. 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.

4. D. The notice shall:

   1. 1. Identify the concentrated animal feeding operation that may exceed its animal unit capacity; and
   2. 2. Include an estimate of the number of animals exceeding the animal unit capacity at the concentrated animal feeding operation.

Laws 2007, HB 1796, c. 31, § 47, eff. November 1, 2007.