Sec. 101. Definitions
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/bill/117/s/5138/is/section-101·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this title: The term animal feeding operation or AFO means a single lot or facility at which— for not less than a total of 45 days in any 12-month period, animals (other than aquatic animals) are— stabled or confined; and fed or maintained; and crops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. For purposes of subparagraph (A), 2 or more lots or facilities described in that subparagraph shall be considered to be a single animal feeding operation if the lots or facilities— are located within 3 miles of each other; and are under common ownership or control.
The term animal feeding operation or AFO does not include a pasture-based livestock or poultry production system in which animals— are primarily raised on pasture, grassland, or other vegetative environments; have the ability to exercise species-specific natural behaviors; and have access to appropriate shelter, healthy vegetation, potable water, and adequate protection from predators. The term covered industrial operator means an individual or entity that owns or controls not less than the following number of livestock or poultry, as applicable, that are housed in an AFO at a single point in time: 2,500 swine. 30,000 turkeys or ducks. 82,000 laying hens or broilers.
The term depopulation means the rapid destruction of a population of animals in response to urgent circumstances. The term disaster event means— a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ); a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); a disaster designated by the Secretary pursuant to part 759 of title 7, Code of Federal Regulations (or successor regulations); and a quarantine designated by the Secretary pursuant to the Plant Protection Act ( 7 U.S.C. 7701 et seq. ) or animal quarantine laws.
The term high-risk AFO means an AFO that houses livestock or poultry owned or controlled by a covered industrial operator. The term Office means the Office of High-Risk AFO Disaster Mitigation and Enforcement established under section 111.
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