SECTION 310:260-7-2. Movement of distressed merchandise

(a)   Notice to department.

(1)   When merchandise becomes distressed as the result of aconveyance accident; flood, wind, fire, sewer backup, or such other unforeseen catastrophe, the owner or claimant of such distressed merchandise shall contact the Department within twenty-four (24) hours after the merchandise becomes distressed and prior to removal from the place at which it was located when it became distressed merchandise.

(2)   If emergency removal of such distressed merchandise is required, such notice to the Department shall be made as soon thereafter as possible.

(3)   It shall be the duty of the owner or manager of the salvage processing plant to make contact with the Department within forty-eight (48) hours whenever distressed merchandise subject to the provisions of this regulation is obtained.

(b)   Movement of distressed merchandise.

(1)   Distressed merchandise shall be moved from the site where it became distressed as expeditiously as possible after compliance with (a) of this section so as to protect against spoilage, prevent rodent or insect harborage, or otherwise a menace to the public health.

(2)   All distressed and salvageable merchandise of a perishable nature shall, prior to reconditioning, be transported only in vehicles provided with adequate refrigeration for product maintenance.

(3)   No interstate movement of distressed or salvageable merchandise from or into Oklahoma shall be made without prior approval of the Department. Concurrence shall also be obtained from the U.S. Food and Drug Administration or U.S. Department of Agriculture, Animal and Plant Health Inspection Service (meat and poultry products), and as required by State law of the State to or from which such merchandise is being shipped, prior to such anticipated interstate movement.

[Source: Amended at 37 Ok Reg 1385, eff 9-11-20]