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 animal population of the state, 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 feeding operation.

Added by Laws 2007, c. 31, § 47, eff. Nov. 1, 2007.