In response to an outbreak of the H5N1 strain of bird flu among dairy cows in at least 15 states, the U.S. Department of Agriculture (USDA) issued a new federal order (the Order) requiring dairy farms and other entities responsible for milk production to begin national testing of raw (unpasteurized) milk on Dec. 16, 2024. The Order connects with the USDA’s existing National Milk Testing Strategy (NMTS) and the agency’s efforts to minimize the spread of highly pathogenic avian influenza (HPAI), while creating new testing and reporting requirements.
In response to the Order, the Department of Health & Human Services (HHS) Secretary Xavier Becerra stated, “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 retail milk and dairy samples from across the country to ensure the safety of the commercial pasteurized milk supply.”
The Order establishes three new requirements:
- 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 must supply a raw milk sample to the USDA upon request.
- Herd owners with positive HPAI cattle must supply the USDA with epidemiological information such as contact testing and disease surveillance.
- Private laboratories and state veterinarians must report positive HPAI raw milk samples results to the USDA.
Testing will commence on Dec. 16. A previous, still standing, USDA order required bird flu testing of dairy cows before being shipped across state lines with mandatory reporting requirements. The USDA has provided stakeholders with guidance on NMTS and will continue to educate stakeholders, and will hold a series of webinars beginning the week of Dec. 9. It is unclear how the Order will impact the incoming HHS secretary nominee’s proposed raw milk policies.
McGuireWoods will continue to monitor the USDA’s orders. Please contact any of the authors with questions.