Monthly Archives: June 2024

Meeting on case involving ultrasound of livestock draws 300, mainly Amish

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On the evening of June 13th, 300 people, mainly Amish dairy farmers and business owners with horses, came to a farm near Quarryville, Pennsylvania to hear from and show support for Rusty Herr and Ethan Wentworth (far front right and second from right). Their attorney Robert Barnes (standing), spoke about the case and their quest to get clarity on the law. Also speaking briefly (standing left) was Pennsylvania State Representative Wendy Fink of York County. Photo by Sherry Bunting

By Sherry Bunting

QUARRYVILLE, Pa. — It was a clear, balmy evening that farmers could have spent in field work, but over 300 people arrived by buggy, van, and on foot to hear from two men and their legal team at 7 p.m. Thursday, June 13 on an Amish dairy farm in southern Lancaster County, Pennsylvania. (Click here to read author’s analysis/opinion)

The meeting came just one month after Rusty Herr and Ethan Wentworth were released from prison, having served the 30 days on contempt charges for failing to provide names, addresses, and records as part of a 2021 subpoena from the Bureau of Professional and Occupational Affairs (BPOA) on behalf of the State Veterinary Board.

The 2021 subpoena was set in motion by a 2020 petition from the Pennsylvania Veterinary Medical Association targeting Rusty and Ethan for continuing to perform veterinary practice without a license by ultrasounding livestock.

The majority of attendees were from the Amish community, half of them dairy farmers, and half business owners, tradesmen, who have horses. A sprinkling of non-Amish farmers were also in attendance. 

One could hear a pin drop while Rusty and Ethan talked separately of their time in prison, highlighting what the prayers and support of family, friends, colleagues, and customers have meant to them and crediting their team of employees for stepping up in their absence and their wives and families for all they have done and endured.

They talked of how their faith in God grew stronger over those 30 days, and of their steadfast resolve to continue serving this community.

Attorney Robert Barnes of Barnes Law LLP talked about two of the exceptions in Section 32 of the Vet Practice Act of 1974, as amended in 1986: “This Act does not apply to (32. 4) Any person or his or her regular employee or agent while practicing veterinary medicine on his or her own animals… and (32. 7) Any person performing normal husbandry practices on bovine, porcine, caprine, ovine or equine animals or avis.”

Neither ‘agent’ nor ‘normal husbandry practices’ are defined in the list of terms in the Act’s introduction.

According to Webster’s the definition of ‘husbandry’ is “the care, cultivation, and breeding of crops and animals,” and the definition of ‘agent’ is “a person who acts on behalf of another person or group.”

‘Agent’ is actually a legal term used to describe “a person that has been entrusted with important powers or responsibilities that are to be carried out on behalf of another person.”

A legal basis for the term ‘normal husbandry’ is traditionally understood as a combination of the producer’s self-interest (economic sustainability) and duties of humane treatment for the animals on which we depend. The two go hand in hand.

“There is a war on the small farmers around the world. The Amish are caught in the middle. They bring essential value and high-quality food from a farming community that seeks to protect a way of life,” said Barnes, who also represents Amos Miller in the raw milk case brought by the Pennsylvania Department of Agriculture.

Barnes called the April 2024 arrests of Rusty and Ethan an “abuse of power” treating civil contempt as though criminal through incarceration.

He called this an example of using regulatory process to bolster “new and novel interpretations of the law.” Other examples he gave involved access to water, takings of food, and animal welfare interpretations that, according to Barnes, use the court system to create new definitions for ‘normal farming.’

“They pick people who are in an isolated position, where it is hard to afford a legal defense,” he said.

Barnes also spoke of power and control, referring to ‘Big Food’ and ‘Big Pharma.’ He said “corporate interests” want to define normal farming and husbandry as it applies to food distribution and animal care in such a way that small independent farms find it difficult to comply or economically unfeasible to survive in the future.

“People are having more chronic diseases, dying earlier, and living less happy lives, but this (Amish) community is not relying on (the world) for your cultural values. This community is a beacon, and so is your independent food system,” he declared.

One attendee spoke up to say: “We need both. We need our veterinarians, and we need NoBull (breeding management services).”

In light of a shortage of vets and the much smaller number of animals on farms like his, this man wondered how a middle ground can be reached by working together.

Farmers who spoke privately after the meeting echoed the same thought to this reporter. When asked what their vets think of this, they said they can’t even discuss it with their veterinarians for fear of losing their services altogether.

They said they have their vets come regularly for herd check and will even list a cow that may have already been checked timely when the breeder was there.

“Why would I call the vet to check one animal (in between herd checks), when my breeder is already here? Would they even come (timely) for one animal?” a farmer noted, shaking his head.

To protect the farms in this equation, Barnes said clarity in the law is required.

“We want the court to rule on the law… to establish the farmer’s right to do these practices and do them through an employee or ‘agent’, as the law states,” said Barnes. “This is the start of a long process. If they (NoBull) are shut down, who will be next? It’s about the impact this can have to small farmers across the country… and on this community. This is a consequential case.”

Pennsylvania State Representative Wendy Fink (R-94th), covering part of York County, also attended the June 13 meeting. She has been closely following the case and spoke briefly about it, citing the abundance of phone calls that have poured into her office and other legislators’ offices. She said she hopes a similar meeting will be held soon in York County and one in the future with additional State lawmakers.

“Your phone calls are important. Keep doing what you’re doing. We support these two gentlemen. Most people would cower… but these two are putting themselves out there. They’re standing up for you. This starts at our local government, so keep the pressure on to make sure that they are abiding by the laws as they’ve been written,” she said.

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My thoughts on the livestock ultrasounding case in PA: Law needs clarified to find the middle ground

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By Sherry Bunting, opinion / analysis

While the nation’s largest dairy farms may have economies of scale, smaller dairies have traditionally had a level playing field in tools available for herd management and husbandry. 

This is changing as the dairy industry continues to evolve and bifurcate.

All sizes of dairies are essential, especially in Pennsylvania, where the average herd size is 94 cows, and the number of dairy farms was 4,940 in 2023, according to USDA — down 67% in the past decade.

To survive and thrive today means honing management and diversifying income. Smaller herds also benefit from a supportive community to be less isolated as part of a collective ‘milk-presence.’

From timely breeding and a focus on longevity to minimize the cost of raising replacement heifers, to the beef-on-dairy trend for income from more valuable calf sales, reproductive efficiency is critical. It is no wonder small dairy farms are looking to keep up in this evolving area of husbandry.

But here’s the problem: The nation’s largest dairies have the ability to employ vet techs, including those placed as employees on large farms by veterinary practices, as well as those training under a farm owner or manager, or who attend a multi-day husbandry school to learn. 

Many articles in dairy trade journals over the past decade tout the increasingly available tool of ultrasound technology in the hands of ‘regulars’ who are on the farm daily, or often, to breed cows and/or manage repro — not only from an economic standpoint to breed timely and avoid wasting semen, costly mistakes, and unnecessary culling decisions, but also to positively impact herd management. In group discussions, herd owners even talk about what tools will improve the ultrasounding capabilities of their employees or provide a more comfortable experience for them.

The recent 30-day incarcerations of NoBull Solutions’ founders Rusty Herr of Christiana and Ethan Wentworth of Airville, Pennsylvania brought to light the bifurcation in how portions of the Pennsylvania Vet Practice Act are interpreted, and how interpretations may impact smaller farms inequitably.

The Department of State’s (DOS) Bureau of Professional and Occupational Affairs (BPOA) explained in an April Farmshine interview that the State Veterinary Board adjudications clarify the law with the authority granted them by the legislature, and the legislature is the body to consult for the Section 32 exceptions.

A debate now brews not just on how ultrasounding in conjunction with breeding service is being interpreted as veterinary practice, but also on the Section 32 exemptions. Where is the middle ground?

Robert Barnes, Esq. of Barnes Law LLP and the 1776 Law Center told farmers at a meeting on June 13 that not only were Rusty and Ethan never named party to a case, but their arrests were also unconstitutional, violated state and federal laws, and the state agencies and Commonwealth Court did not have jurisdiction in the first place.

Beyond that, the legal team wants the law clarified in the courts as Rusty and Ethan are back to work, providing breeding services to owners of dairy cows and horses, largely in the Amish Community.

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NoBull’s Herr and Wentworth home, families grateful

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Defense attorney: ‘We see no reason why they can’t continue doing work that needs to be done’

Sherry Bunting, Farmshine, May 24, 2024

HARRISBURG, Pa. – Rusty Herr and Ethan Wentworth are home with their families after their 30-day incarceration on contempt linked to an investigation and subpoenas for records and names regarding ultrasounding of livestock as part of their NoBull Solutions breeding services.

Through their attorney Robert Barnes of Barnes Law LLP and founder of the 1776 Law Center, the two men and their families express gratitude for the prayers that have meant so much, and donations for their legal defense.

“Their wives and children are glad they are home, and we are putting together our plan to protect their interests going forward, while fighting the legal onslaught,” said Barnes in a Farmshine interview Monday, May 20.

He met with them and their families in Lancaster County last week, and he shares that they saw things and experienced things they are not ready to talk about. 

“It was psychological torture,” said Barnes. “The state officials may have thought this would break them, but it has not had that impact. They are caught up in something bigger than themselves.”

Barnes also met some of NoBull Solutions’ customers, who talked about the value of their services and their shock over the situation.

He noted that the Habeas Corpus petition is now moot because the men are no longer in jail, having served the 30 days. However, Barnes said they have appealed the contempt order to the State Supreme Court with direct appellate authority over the Commonwealth Court.

NoBull Solutions “continues to get served subpoenas, and we continue to object to those, so this is yet to be determined,” said Barnes, adding that they “are still not personally named, which is a very odd dynamic. Subpoenas had been done on NoBull Solutions, but the individuals were never properly served or named party to the case.”

Referring back to docket 325 MD 2021, Herr and Wentworth have not been noticed individually, with only NoBull Solutions listed as respondent in the 2021-23 investigative subpoenas and petitions for enforcement. 

No new documents have been added since the April 29 rulings by the Commonwealth Court judge, who unsealed the docket and denied the petition for immediate relief.

Barnes explains that his office is contesting jurisdiction, authority, and bringing constitutional objections.

“We are looking at bringing a federal civil rights claim against the various state actors and private participants that appear to have conspired with state actors to violate their civil rights,” said Barnes, noting they hope to get clarity on the scope of these laws in the process.

He reviewed the legislative history with several lawmakers who have reached out.

“They say they made sure farmers were completely excluded from this type of action, so the language allows practices on your own animals and anyone working as your employee or your agent, which is broad. Here, they’ve made it clear that anyone that’s your ‘agent’ would be excluded,” he said. 

Barnes sees the use of ‘agent’ in the law as substantive. 

“There is no question whatsoever that they are exempt because they worked for farmers as their ‘agent,’” he said.

He confirmed that his office has heard from both state and federal legislators and from staff for two of the three presidential candidates.

There are aspects of this case and the NoBull defense that go to the substance of the authority here, in addition to alleged due process violations.

“We will be seeking legal clarity from the courts on these questions,” said Barnes.

When asked specifically what happens now in terms of their work? Barnes was blunt.

“We believe what the state is doing is illegal, and we see no reason why they can’t continue doing work that needs to be done for farmers in Pennsylvania, which is legal and entirely economically necessary,” he said.

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Pray for rain, or pray it stops, depending on where you are: Grain markets continue shrugging off weather woes

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An Iowa State University IEM data graph is the picture that speaks 1000 words about the “tale of two halves”. It shows precipitation highs and lows vs.132 years of records. An April / May data capture looked about the same in the Upper Midwest and Northern Plains, but the drought in the East had not yet become as widespread into the Ohio Valley until June. Some areas are seeing the driest June on record.

By Sherry Bunting, Farmshine, June 28, 2024

EAST EARL, Pa. – Pray for rain. Pray it stops. The contrast could not be starker.

The Mid-Atlantic and Ohio Valley is in the throes of one of the driest growing seasons on record. Meanwhile, the season was already one of the wettest on record throughout the Upper Midwest and Northern Plains before the 8 to 15 inches June 21-23 led to historic catastrophic flooding in northwest Iowa, southeast South Dakota, and southern Minnesota.

The June 24th USDA Crop Progress Report showed a 3 point decline in good-to-excellent corn condition, nationally, falling to 69%. But, sticking in the market’s crawl is the earlier-projected corn crop estimates and the mere 50% good-to-excellent corn crop condition reported for this same week a year ago.

Soybean condition fell 5 points to 67% this week. Again, this beats the 51% good-to-excellent condition reported this same week a year ago.

The impacts on damaged crops and potentially lower yields from floods have yet to be assessed in a region that had already delayed planting, drained and replanted.

Grain markets are shrugging off the weather woes, appearing to be focused primarily on the demand side of the equation looking toward the upcoming end-of-month Grain Stocks report.

Some analysts are expecting an overall bearish mode to hold through at least month-end or longer, despite news emerging of untold acres of corn and soybeans under water along rivers and lakes in Iowa, Minnesota and South Dakota.

Governors of the three states declared statewide emergencies and named scores of counties under disaster declarations. President Biden has announced a federal disaster declaration in Iowa, opening up federal funding there. Other areas may not be far behind.

Lakes and rivers in the region reached levels reportedly higher than in 1993. Towns are under water, nobody in and nobody out, with boat rescues off rooftops and rescues via National Guard helicopters.

As the Big Sioux and Des Moines Rivers reached levels as much as 7 feet above previous records, a 100-year-old Minnesota dam failed, and two railway bridges collapsed that transported ag commodities.

Grain markets did not care. Early this week (June 24-25), “the markets tanked,” said Eric Relph with Commstock Investments in a Marin Bohling interview on the Commstock Channel Tuesday morning (June 25). No market strength emerged yet by Friday. Instead, more red.

“We are still fighting the mentality that rain makes grain,” said Relph.

Much of the Midatlantic region and into the Southeast and Ohio Valley are near record dry for June.

“The concern grows when we have other big chunks of other major growing regions very dry in Illinois, Indiana, and Ohio, having had no rain in three weeks, with cracks in the ground, and plants curling and temperatures up at 75 overnight.”

Analysts are looking back at reactions to the summer flooding of 1993. But as farm broadcaster Max Armstrong observed in a tweet on X (formerly Twitter) Wednesday morning (June 26): “The South America behemoth makes tragic, sickening U.S. flooding far less consequential to the world than it did three decades ago.”

Farmers have taken to social media showing aerial footage of flooded fields, updating ever-increasing rainfall totals while walking the sprayer tracks that have become rivers in a swamp, along with images of busted corn bins and piles of flood-soaked corn in rural towns of northwest Iowa, like Spencer and Rock Valley, all within the targeted dairy growth area of the I-29 Corridor.

The problem, according to Relph, is the region had full moisture profiles coming into the Spring, then more rain constantly through April and May. This was before this 8 to 15 inches of rain that inundated the region.

Aerial photos show flooding in northwest Iowa as an already wetter than normal year was inundated by more rain and storms producing historic flooding.

Relph lives and works there. He described the geographic impact as substantial:

“At the western front of this area that is receiving this kind of rain, we move straight east through Iowa, with as much as 40% of Iowa affected, and it’s up into South Dakota and even North Dakota to a degree, and into central, the southern quarter of Minnesota, over into central Wisconsin and down along the Mississippi, missing Illinois, but including eastern Iowa,” he reported.

Iowa Ag Secretary Mike Naig said state officials won’t have a full sense of the crop damage or number of livestock lost in the region until the flood waters recede.

“This was already a wet part of the state, where there were some challenges around planting and replanting. They’ve just been inundated with rain throughout the spring. We’re hearing about damaged and destroyed equipment. There are livestock facilities that folks are having trouble getting feed to because of washed-out roads, and there are power outages and water outages. These are just some of the things that are really challenging,” Sec. Naig reported.

Farmers are resilient, and they are helping each other get through the most damaging elements and waiting to see how many fields will bounce back, if not under water more than two or three days. Some analysts say growers are not likely to pour management dollars into fields, depending on what the yield losses are predicted to be. It’s virtually too late to replant, even if conditions allow.

As one set of problems affects one region and another set of problems confronts another, Relph said: “It’s a tale of two halves. Without a shift in the weather pattern, it will be detrimental.”

Other analysts interviewed on Rural Radio Wednesday morning point to U.S. and European weather models that show more rain to come in the flooded region, but also going all the way East, keeping the bears in charge of the grain markets, with corn June 25 trading under February lows.

Meanwhile, the concerns now shift as the already flooding rivers flow into the Missouri and Mississippi.

In addition, sources indicate transportation has been affected by I-29 closures in spots from Sioux City, Iowa to Sioux Falls, South Dakota, affecting movement of supplies in and milk out. Trips take four times longer via back roads, and even there, washed out roads are encountered leaving some farms in a tough spot, while suppliers in affected nearby towns face difficulty getting out.

Some roads and portions of I-29 were reopening or partially reopening late June 25 into June 26, but new areas are bracing for the Missouri and Mississippi that are forecast to crest at major levels June 26 and into the first week of July.

Meanwhile, the NOAA Weather Prediction Center map shows rain and strong storms continuing in the Upper Midwest while overspreading the Ohio Valley and into the Mid-Atlantic by June 28.

As for the Midwest, The Weather Channel warns of severe flood risk returns as meteorologists are watching a new system ejecting from the Rockieswith the potential to bring a continued risk of flooding and severe weather in already impacted areas into July.

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Dairy biosecurity risks highlighted in two H5N1 data briefs

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By Sherry Bunting, Farmshine, June 21, 2024

WASHINGTON – While 30-day detections of ‘bird flu’ in dairy have dropped to 59 herds in just 8 states (down from 116 in 12 states cumulatively), two epidemiologic studies published recently shed more light on dairy biosecurity risks.

Nationally, epidemiologic data were available for slightly more than half of the dairy herd premises affected by highly pathogenic avian influenza (HPAI), known as Bovine Influenza A / H5N1 in dairy cattle. These data reveal linkages reported June 8th in a National Brief, which reported “no genomic or epidemiologic evidence that wild birds are spreading H5N1 to cattle, but it cannot be ruled out.”

In fact, the key takeaway is that H5N1 spread in dairy cows — between states — is linked to cattle movements, not to independent wild bird introductions, with further local spread between dairy farms occurring in some states.

A similar epidemiologic investigation looked at Michigan data, alone. Published June 13, this report also showed that migratory waterfowl were not culprits in independently spreading H5N1 to cattle in Michigan.

Both Briefs note the disease spread between dairy cattle herds is likely multi-faceted with both direct and indirect transmission. Biosecurity remains the key to mitigation.

The National Brief reveals more than 20% of farms with HPAI detections in the data set had moved cattle into the herd within 30 days of clinical signs, and 60% of those farms continued to move cattle after the onset of clinical signs.

The linkages revealed by the Michigan report show it began via movement of infected cattle from a Texas herd, before H5N1 had been detected in that herd. It is then believed to have spread to other herds through cattle movement and other direct and indirect transmission.

Other linkages were discussed, such as visitors, shared vehicles and equipment and shared workers. (Fig. 4 below)

Employees working at more than one dairy farm or working at both dairy and poultry farms, and employees from one dairy or poultry farm sharing housing with employees working on a different dairy or poultry farm have also been noted in the epidemiologic linkages.

Operations sharing equipment and livestock trailers (62% of affected premises) have also been implicated in disease transmission as only 12% of those operations reported cleaning trailers between uses.

The National Brief reports more than 20% of the affected dairies have chickens or poultry present with nearly all of those farms observing sick or dead poultry.

In the national investigation, researchers report that more than 80% of affected farms have cats present, with over 50% of these farms observing sick or dead cats. However, the Brief provided no data — one way or the other — on whether the HPAI H5N1 genotype B3.13 was detected in cats on these premises.

The Michigan study, on the other hand, confirmed the HPAI H5N1 genotype B3.13 in wildlife and other somewhat domestic species on affected dairies.

Despite collecting a large number of samples from wild birds and animals on these dairies (such as cats, racoons, opossums, foxes, pigeons and starling), the number of individual animals and species detected was small. Whether they were affected by their access to cattle or are fomites in transmission to cattle is hard to say, particularly since the large sampling yielded only a small number of confirmed findings in comparison to the larger numbers of cows confirmed on these affected farms.

Both Briefs indicate risk from manure appears to be low, but more research is needed.

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Pennsylvania announces voluntary bulk tank monitoring program as ‘bird flu’ spreads to Iowa, Minnesota

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Status of H5N1 in dairy herds (cumulative with last date of detection noted) as of June 12, 2024

By Sherry Bunting, Farmshine, June 14, 2024

WASHINGTON – Bovine Influenza A / H5N1, known in birds and domestic poultry as highly pathogenic avian influenza (HPAI), has spread to dairy herds in three more states — Iowa, Minnesota, and Wyoming.

As part of emergency response plans, as many as 16 states, including Pennsylvania, are rolling out voluntary bulk tank monitoring programs as supported by USDA’s May 31 announcement for a federal pilot program.

As of June 12, 2024 (updated to June 21), there are no detections of H5N1 in dairy herds and no active HPAI in poultry flocks in Pennsylvania.

The USDA APHIS website confirmed 93 detections in dairy herds in 12 states since March 25, of which 47 have been confirmed in the past 30 days (as of June 12) in just 8 states (in order of most recent detection): Idaho, Minnesota, Iowa, Wyoming, Texas, Michigan, South Dakota, and Colorado. 

Of the other four states, Ohio and North Carolina are beyond 60 days since detection. Kansas and New Mexico reached 60 days on June 16.

During the monthly Center for Dairy Excellence call on June 12, Pennsylvania State Veterinarian Dr. Alex Hamberg said herd detections in other states have come primarily from “either sick cows or through epidemiologic tracing from positive farms.”

“It appears this is still a single bird to cow spillover that occurred in late 2023 and was not found until early 2024, so it spread out from there, and we’re now trying to catch up,” he said.

“Equipment, people, and cattle — that’s how this spreads. I can’t stress this strongly enough,” said Dr. Hamberg. Iowa is testing cattle close to positive poultry operations to provide data on species transfer risk.

Hamberg announced a Pennsylvania bulk tank monitoring program, supported by USDA. “This will be voluntary. The goal is to provide data of the status of the virus in Pennsylvania, or more likely the lack of it,” he said.

“We also need this data for quicker response time, and to protect nearby poultry farms. Even more important, is to provide a platform to engage concerned consumers and stakeholders to show we are addressing this proactively, that we are looking for it, that we have a plan, have it under control, and that pasteurized dairy products continue to be safe and wholesome,” he explained.

The status-enrollment period is three weeks, during which bulk tank and other samples will be taken. After three consecutive weeks of negative results, the dairy farm would achieve enrolled monitored herd status and continue weekly bulk tank samples thereafter to maintain that status.

An enrolled monitored herd with negative status would be able to move cattle without pre-movement testing, according to Dr. Hamberg.

“We are flying the plane while building it,” he said, noting early enrollment in the voluntary bulk tank testing program has already begun, so the testing can begin during the week ending June 21.

Those interested in enrolling can email RA-Ag_StateVet@pa.gov or call 717-307-3258. Or, to complete a web form for enrollment, go directly to this link 

The Center for Dairy Excellence has posted a downloadable enrollment form.

“We will then get back to you with an enrollment packet,” said Hamberg.

Hamberg said the May Exhibition Quarantine Order does not go into effect unless HPAI reaches dairies in Pennsylvania. However, effective now: Dairies within 3 kilometers (1.7 miles) of an HPAI-infected poultry flock cannot show dairy cows at fairs and shows. Currently, there are no active poultry infections in Pennsylvania.

Dr. Ernest Hovingh, director of the PADLS said testing is currently well under capacity and prepared to handle bulk tank monitoring.

For PADLS updates, visit http://padls.agriculture.pa.gov/InnerPages/HPAICattle.html

For details from the CDE call, to hear a recording, and see links to resources, visit https://www.centerfordairyexcellence.org/hpai-industry-call/

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USDA announces $824 million for H5N1, dairy herd monitoring pilot program launched as alternative to pre-movement testing

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Status of H5N1 in dairy herds (cumulative with last date of detection noted) as of June 4, 2024

By Sherry Bunting, Farmshine, June 7, 2024

USDA announced new actions and $824 million in emergency funding from the Commodity Credit Corporation (CCC) to focus on highly pathogenic avian influenza (HPAI) known as Bovine Influenza A in dairy cattle, which is the H5N1 virus.

Call it what you will, these funds target HPAI in dairy cattle through data collection, surveillance, diagnostics, as well as vaccine research, and food safety studies to better understand and mitigate outbreak risk.

In the May 31 announcement, USDA also launched a new Voluntary H5N1 Dairy Herd Status Pilot Program to monitor the health of dairy herds and allow enrolled farms to move cows more quickly, while providing on-going testing that would expand USDA’s herd surveillance capabilities.

Dairy farms that enroll in the recently announced voluntary monitoring program would sign Herd Monitoring Plan Agreements to do weekly bulk tank testing, enabling them to move dairy cows across state lines without doing the individual pre-movement testing – as long as their weekly bulk tank tests show three consecutive weeks of negative results, and as long as they agree to continue the tests weekly going forward.

As of June 5, 2024, the APHIS website shows 82 total HPAI detections in dairy herds in 9 states since the first detection in Texas on March 25. 

Topping the list is Michigan with 24 detections, the most recent on May 31. Idaho saw a slew of new detections over the past 10 days with 19 total, the most recent on June 3. Texas has had 16 detections, the most recent on June 3; followed by South Dakota with 5 detections, the most recent May 31; and Colorado with 4, the most recent May 22.

States that have seen no new detections since April include New Mexico (8) and Kansas (4) with their last new detections on April 17; Ohio and North Carolina each only had one dairy herd detection on April 2 and April 9, respectively.

According to USDA, the new voluntary monitoring program will enable the Department to increase its monitoring and surveillance of herds that are currently not known to be infected.

APHIS is working with state animal health officials to identify states that want to participate in a pilot phase of the program. Producers from participating states can start enrolling this week (June 3), by contacting their State Veterinarian and signing a Herd Monitoring Plan Agreement.

USDA says high participation will help them establish state and/or regional “disease-free statuses” that could further ease compliance with the current Federal Order.

Those herds not enrolled in the pilot program would continue to follow the interstate testing and movement requirements published in the Federal Order. More specific guidance on the new voluntary monitoring program, including how to enroll and how to obtain and maintain a herd status, will be made available on the APHIS website in the future or by contacting state animal health officials.

USDA expects to see increased testing, yielding increased positive detections, through this voluntary monitoring, which they will analyze to learn how HPAI may spread between herds.

To-date, three people who worked with infected cows (two in Michigan and one in Texas) have tested positive with the H5N1 influenza. The symptoms were similar to pinkeye, and they recovered in a few days.

Meanwhile, the Federal Government has already put $200 million in additional funds into surveillance, testing, PPE, and vaccine development with indications they will ask Congress for more ‘bird flu’ funding.

Authorities still deem the risk to the general public as very low because pasteurization deactivates the virus, and no detections have been found in any retail meat samples. In addition, milk from sick cows is discarded and cattle at beef plants are inspected.

The $824 million will also support anticipated diagnostics, field response, other necessary surveillance and control, surveillance in wildlife (APHIS), work by the Agricultural Research Service’s (ARS) in developing vaccines for HPAI in cattle, turkeys, pigs, and goats, and food safety studies conducted by ARS and the Food Safety and Inspection Service (FSIS).

The Secretary is authorized to transfer funding from available resources including the CCC to address emergency outbreaks of animal and plant pests and diseases. The new $824 million is focused primarily on dairy cattle in addition to previously approved $1.3 billion in emergency funding to address nationwide HPAI detections in wild birds and commercial poultry operations.

More information is available at the designated APHIS page at https://www.aphis.usda.gov/livestock-poultry-disease/avian/avian-influenza/hpai-detections/livestock

States are moving to issue their own additional emergency response plans. In  Pennsylvania, for example, the Department of Agriculture recently issued its General Quarantine Order for the Exhibition of Dairy Cattle, which would apply to all dairy cows traveling to shows and exhibitions. This would ONLY take effect IF a detection is confirmed anywhere in the state. It would apply to all dairy cows traveling to shows and exhibitions. 

If that happens, the Order would require testing through the PADLS system within 7 days of the date of arrival at any animal exhibition grounds. Prior to arrival those dairy cows would have to be part of a biosecure assembled group for 30 days prior to testing with no new cattle added to that assembly.

Other quarantine measures are also detailed in the Pennsylvania Order, but again, would only be implemented IF HPAI is detected in dairy cattle in Pennsylvania.

The Center for Dairy Excellence will have its monthly conference call on the subject June 12 at 1:00 p.m. For information, go to the special events page at https://www.centerfordairyexcellence.org/about-the-center/upcoming-events/event/weekly-hpai-calls/