USDA Announces New Federal Order, Begins National Milk Testing Strategy to Address H5N1 in Dairy Herds
WASHINGTON, Dec. 6, 2024 - Today, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) is announcing the start of its National Milk Testing Strategy (NMTS), which builds on measures taken by USDA and federal and state partners since the outbreak of highly pathogenic avian influenza (HPAI) H5N1 in dairy cattle was first detected in March 2024. Today, USDA is issuing a new Federal Order, as well as accompanying guidance, requiring that raw (unpasteurized) milk samples nationwide be collected and shared with USDA for testing. This new guidance from USDA, which was developed with significant input from state, veterinary and public health stakeholders, will facilitate comprehensive H5N1 surveillance of the nation’s milk supply and dairy herds.
“Since the first HPAI detection in livestock, USDA has collaborated with our federal, state and industry partners to swiftly and diligently identify affected herds and respond accordingly. This new milk testing strategy will build on those steps to date and will provide a roadmap for states to protect the health of their dairy herds,” said Agriculture Secretary Tom Vilsack. “Among many outcomes, this will give farmers and farmworkers better confidence in the safety of their animals and ability to protect themselves, and it will put us on a path to quickly controlling and stopping the virus’ spread nationwide. USDA is grateful to our partners who have provided input to make this strategy effective and actionable, and we look forward to continued collaboration in seeing this through.”
This NMTS is designed to increase USDA’s and public health partners’ understanding of the virus’ spread in the United States through a structured, uniform, and mandatory testing system that will help swiftly identify which states, and specific herds within them, are affected with H5N1; support the rapid implementation of enhanced biosecurity measures to decrease the risk of transmission to other livestock; and importantly, inform critical efforts to protect farmworkers to help lower their risk of exposure. USDA believes this additional step is needed to proactively support effective biosecurity measures, which is key for states and farmers to contain and eliminate H5N1 infections from their livestock and to eliminate HPAI in livestock across the U.S. dairy population.
“This testing strategy is a critical part of our ongoing efforts to protect the health and safety of individuals and communities nationwide,” said HHS Secretary Xavier Becerra. “Our primary responsibility at HHS is to protect public health and the safety of the food supply, and we continue to work closely with USDA and all stakeholders on continued testing for H5N1 in milk being sent for pasteurization and dairy samples from across the country to ensure the safety of the commercial pasteurized milk supply. We will continue this work with USDA for as long and as far as necessary.”
The Federal Order released today makes three new requirements. First, it requires the sharing of raw milk samples, upon request, from any entity responsible for a dairy farm, bulk milk transporter, bulk milk transfer station, or dairy processing facility that sends or holds milk intended for pasteurization. Second, the Federal Order requires herd owners with positive cattle to provide epidemiological information that enables activities such as contact tracing and disease surveillance. Finally, like USDA’s April 24 Federal Order, it requires that private laboratories and state veterinarians report positive results to USDA that come from tests done on raw milk samples drawn as part of the NMTS. The first round of silo testing under the Federal Order and the NMTS is scheduled to begin the week of Dec. 16, 2024, although some states are already conducting testing compatible with the NMTS.
This new Federal Order does not override or supersede USDA’s April 24 Federal Order, which still requires the mandatory testing of lactating dairy cows prior to interstate shipment and requires that all privately owned laboratories and state veterinarians report positive test results connected with those tests. The new Federal Order announced today is intended to complement and enhance this existing order.
National Milk Testing Strategy
As part of the National Milk Testing Strategy, APHIS will work with each state in the contiguous United States to execute testing in a way that works for the state and that aligns with the NMTS standards. Once a state begins testing under the NMTS, APHIS will place that state into one of five stages based on the HPAI H5N1 virus prevalence in that state. As states move to another stage, we will have a stronger picture of our progress towards eliminating HPAI H5N1 at state, regional and national levels. These stages include:
Stage 1: Standing Up Mandatory USDA National Plant Silo Monitoring
USDA will immediately begin nationwide testing of milk silos at dairy processing facilities. This national sample will allow USDA to identify where the disease is present, monitor trends, and help states identify potentially affected herds.
Stage 2: Determining a State’s H5N1 Dairy Cattle Status
Building on the results of silo monitoring, in collaboration with states, USDA will also stand up bulk tank sampling programs that will enable us to identify herds in the state that are affected with H5N1.
Stage 3: Detecting and Responding to the Virus in Affected States
For states with H5N1 detections, APHIS will work quickly to identify specific cases and implement rapid response measures, including enhanced biosecurity using USDA’s existing incentives programs, movement controls and contact tracing.
Stage 4: Demonstrating Ongoing Absence of H5 in Dairy Cattle in Unaffected States
Once all dairy herds in a given state are considered to be unaffected, APHIS will continue regular sampling of farms’ bulk tanks to ensure the disease does not re-emerge. Bulk tank sampling frequency will progressively decline as the state demonstrates continual silo negativity (e.g., weekly, monthly, quarterly if continually negative). If a state becomes affected, USDA will re-engage detection and response activities, and the state will return to Stage 3.
Stage 5: Demonstrating Freedom from H5 in U.S. Dairy Cattle
After all states move through Stage Four, APHIS will work with the states to begin periodic sampling and testing to illustrate long-term absence from the national herd.
As of this announcement, the following six states will be included in the first round of states brought into the program for testing: California, Colorado, Michigan, Mississippi, Oregon, and Pennsylvania.
As states begin testing under the NMTS and as they move through the five stages, their progress will be shared at USDA HPAI in Livestock Testing. While the majority of states will enter the NMTS at Stage 1, we anticipate states with ongoing testing may meet the testing requirements described above in Stages 2-4. USDA will work closely with states to determine each state’s status. While the majority of states will enter the NMTS at Stage 1, we anticipate states with ongoing testing may meet the testing requirements described above in Stages 2-4. USDA will work closely with states to determine each state’s status.
Webinars and Additional Information
USDA will co-host information sessions for all state animal health officials and state dairy regulators the week of Dec. 9 to learn more about the National Plant Silo Monitoring and sampling procedures. These sessions are scheduled for Tuesday Dec. 10 and Wednesday Dec. 11 to allow multiple opportunities for dairy regulators and industry stakeholders to participate.
APHIS has been working diligently to educate and inform key state and animal health partners about this Federal Order and National Milk Testing Strategy, as well as to establish written agreements with states to support how they can work with USDA under the new strategy.
APHIS has also sought and received input from state animal and public health partners about potential needs for the strategy and implementation across their various states, particularly for standardized sampling tools, outreach, and potential personnel and fiscal resources from USDA.
In the coming weeks, APHIS will include additional states in the NMTS. Throughout this process APHIS will continue to support and offer resources to states that develop bulk milk testing plans in a way that meets the needs of each state and the importance of the response. APHIS will work with each of the 48 contiguous states to participate in the program.
USDA’s Multifaceted Effort to Address H5N1
Since confirming the initial H5N1 infections in cattle in March 2024, USDA has taken significant steps to better understand and control the virus’s spread. This response was aided by APHIS’ more than 50 years of experience in research and managing influenzas across other animal species, and by long-standing partnerships with state animal health officials that allow for the swift establishment of all testing and response activities. APHIS and state partners have seen significant success in responding to detections identified through state-level testing programs, and the NMTS builds on these efforts and will better identify the prevalence of the virus and guide response steps nationwide.
USDA has provided all H5 livestock testing through the NAHLN laboratory network, free of charge, regardless of whether it was performed for pre-movement testing under the current Federal Order; through the Dairy Herd Status Program; under testing programs that some states have designed pursuant to their unique authorities; prior to intrastate movement to fairs, exhibitions, or sales as part of state testing programs; or for producers interested in learning the status of their livestock herds. As a result of this testing, USDA has received samples from each of the 48 contiguous states over the course of this outbreak, with all confirmed positive findings being reported through the APHIS website, and whole genome sequences of each detected virus uploaded to public databases.
USDA continues to stress to farmers nationwide that effective biosecurity practices are the best weapon against the spread of disease, and that all farms should review their current biosecurity measures and ensure best practices identified over the past eight months are incorporated, even if H5N1 has not been detected in their state or region.
USDA strongly encourages herd owners to participate in the already available producer support programs, which help to cover the cost such as biosecurity programming, PPE for employees, and veterinary care. Producers can find more information at Financial Assistance | Animal and Plant Health Inspection Service, or at your nearest USDA Farm Service Agency county office.
USDA Research Related to H5N1 in Dairy Cattle
USDA has been working collaboratively with its federal partners at HHS to better understand the origin of the emergence of the virus and its potential impact in both bovines and humans. USDA has leveraged its laboratories, researchers, and regulatory agencies to address this issue and, in partnership with FDA, help ensure the safety of our nation’s food supply. This includes lab and personnel support for FDA-designed studies to test the safety of milk and dairy products and reaffirm the efficacy of pasteurization for the safety of products on retail shelves. USDA FSIS has also completed a series of studies on beef, which demonstrate that safely cooking beef inactivates the H5N1 virus, if present. USDA APHIS has also prepared and shared two separate epidemiological reports on the virus and its spread, which can inform biosecurity practices and next steps.
To learn more about USDA’s response to HPAI in dairy cattle, visit www.aphis.usda.gov/livestock-poultry-disease/avian/avian-influenza/hpai-detections/livestock.
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APHIS protects the health of U.S. agriculture and natural resources against invasive pests and diseases, regulates genetically engineered crops, administers the Animal Welfare Act, and helps people and wildlife coexist. We also certify the health of U.S. agricultural exports and resolve phytosanitary and sanitary issues to open, expand, and maintain markets for U.S plant and animal products.
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