A. A concentrated swine feeding operation may exceed its swine animal unit capacity if:
1. A diseased or potentially diseased swine exists at the operation; or
2. A diseased or potentially diseased swine is in the next destination for the production line for the operation; and
3. The owner of the concentrated swine feeding operation has reasonable cause to believe a swine 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 swine 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 swine feeding operation.
B. In no case shall a swine animal unit capacity be exceeded for more than five (5) days following a confirmatory test indicating that either the swine is diseased or is not diseased. A confirmatory test shall be performed within twenty (20) days of discovery that a diseased or potentially diseased swine exists at the operation.
C. The owner of a concentrated swine feeding operation shall provide written notification to the Oklahoma Department of Agriculture, Food, and Forestry upon discovery of a diseased or potentially diseased swine pursuant to subsection A of this section that may result in the swine animal unit capacity being exceeded.
D. The notice shall:
1. Identify the concentrated swine feeding operation that may exceed its swine animal unit capacity; and
2. Include an estimate of the number of swine exceeding the swine animal unit capacity at the concentrated swine feeding operation.
Added by Laws 2004, c. 31, § 2, emerg. eff. March 30, 2004. Renumbered from § 20-49 of this title by Laws 2005, c. 292, § 25, eff. July 1, 2005. Amended by Laws 2007, c. 31, § 23, eff. Nov. 1, 2007.
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