§ 2-20-23. Exceeding swine animal unit capacity – Criteria - Notice.  


Latest version.
  • 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.