If an operation existed before AOPA came into effect in 2002, and has a municipal permit or a permit issued by a health authority, its status and permitted livestock numbers and facilities are usually clearly stated on the previously-issued permit. The NRCB automatically grants the operation a deemed AOPA permit.

If this information is not on the permit, or if the operation doesn’t have a previously-issued permit, the NRCB must make a grandfathering determination. To assist with this process, operations that pre-date 2002 should retain any existing livestock and facility records, as well as photos and other documents from that time period, to show the working status and livestock capacity of their operation at that time.

The NRCB will initiate a grandfathering determination as part of a permit application or a response to a compliance issue if the operation has not already been issued a deemed permit. The NRCB will issue public notification. The NRCB may consider relevant records, photos and other documentation provided in response to public notice.

Operators who disagree with the NRCB’s decision on the grandfathered status of the operation, including its livestock capacity as of 2002, have the right to request a Board review of the determination.