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April 2, 2024
2 minute read
The outbreak of highly pathogenic avian influenza (“HPAI” or “H5N1”) in dairy herds now confirmed in Michigan, Texas, Kansas, and New Mexico, along with the reported confirmed first case of transmission to a person with exposure to dairy cattle in Texas, has dairy producers glued to their devices for the latest advice and updates from veterinarians, state agriculture department animal health experts, USDA and the CDC. Meanwhile, the industry is mobilizing to test animals that present symptoms, limit the movement of and contact with, bovines that exhibit symptoms or test positive for the virus, enhance biosecurity to protect the dairy workforce and reassure consumers on the safety of pasteurization and the dairy food products in your grocery case. This all comes at a time of near historic economic pressures on the dairy industry.
Here is what we know and the latest:
- The Nebraska Department of Agriculture has issued an order restricting the import of dairy cattle given the outbreak. All breeding female dairy cattle must have a permit issued by the Department prior to entering the state. The order will be reevaluated in 30 days. NDA issues restrictions provides update on HPAI in livestock PR.pdf (nebraska.gov)
- CDC has confirmed that a person with exposure to dairy cattle in Texas, tested last week, has contracted the virus. Highly Pathogenic Avian Influenza A (H5N1) Virus Infection Reported in a Person in the U.S. | CDC Online Newsroom | CDC
- USDA, CDC, and state agriculture departments have confirmed the presence of the virus in dairy herds in Michigan, Texas, Kansas, New Mexico, and a goat in Minnesota.”. By the time you read this, the list may be out of date.
- CDC has issued recommendations for worker protections here: Highly Pathogenic Avian Influenza A(H5N1) Virus in Animals: Interim Recommendations for Prevention, Monitoring, and Public Health Investigations | Avian Influenza (Flu) (cdc.gov)
- National Milk Producers Federation has established a dedicated website with numerous helpful resources accessible here: HPAI Resources - NMPF
- CDC reiterated that the risk to the general public of transmission is low and both FDA and USDA are reassuring the consuming pubic that pasteurized dairy products remain safe for human consumption.
We are closely monitoring this evolving situation for our clients. Contact us to learn more and if you have questions.
Related People

David A. Crass
Partner
Industry Group Co-Chair, Agribusiness, Food & Beverage
dacrass@michaelbest.com
T 202.595.7921

Taylor T. Fritsch
Partner
ttfritsch@michaelbest.com
T 608.257.7471

Leah Hurtgen Ziemba
Partner
Practice Group Chair, Regulatory
Industry Group Co-Chair, Agribusiness, Food & Beverage
lhziemba@michaelbest.com
T 608.283.4420