USDA Mandates H5N1 Raw Milk Testing, Livestock Surveillance, and Contact Tracing

The USDA announced it is implementing the National Milk Testing Strategy (NMTS), which calls for mandatory raw milk testing 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.” The program will begin on December 16 and apply to California, Colorado, Michigan, Mississippi, Oregon, and Pennsylvania.

The order further states that the USDA’s Federal Order from April 24 “requires her owners with positive cattle to provide epidemiological information that enables activities such as contact tracing and disease surveillance.”

In July, The HighWire reported about the new authority interpreted by the USDA to combat bird flu and the training of USDA employees with FEMA protocols. Breeauna Sagdal, a Senior Writer and Research Fellow at the Beef Initiative spoke to The HighWire in that article and warned about centralization of authority with the “one health” approach as the framework. Sagdal said, “The cattle industry, in general, is the last remaining decentralized source of food in the country. You can make the broader, more philosophical argument that this is about land grabs and acquisition. In terms of just the cattle side, we’re highlighting how the centralization is taking place.”

This latest USDA announcement comes shortly after the news that the first known pig has been infected with H5N1, and reportedly, 720 herds of cows have been infected since the outbreak began in March. Former CDC Director Robert Redfield said the only way the bird flu virus could transmit to humans is through a lab-leak where gain of function research is being conducted.

Raw Farm, a family owned dairy farm, has posted a press release on its website stating it had to pause production while the herd is under quarantine. The statement says their cows do not have any illnesses associated with H5N1 and the mandated quarantine is due to a “political issue” rather than a legitimate health and safety concern. Despite this acknowledgement, the press release says the farm is cooperating with the federal health agencies.

Sagdal spoke with Raw Milk CEO Mark McAffee, who said “Our friends in the regulatory community privately share that the pressure to  eliminate raw milk is intense and immense.” Sagdal wrote “Industry insiders share a belief that this targeting of raw milk is less about raw milk and more about eliminating the laws that allow raw milk to be sold.”

While raw milk cannot be found at retail stores in many states, those states allow for “herd share” agreements which permit direct consumer sales of raw milk products. Instead of buying milk, the consumer buys a percentage or portion of the farm’s herd. Consumers are entitled to raw milk that comes from livestock if they own a share of the herd without additional oversight from the local or federal government.

Robert F. Kennedy Jr. is set to become the next secretary of Health and Human Services and has indicated his intent to cut down on government overreach on small farmers who produce and sell raw milk. In July, he said, “Ag departments are cracking down on small farmers selling raw milk. Meanwhile, USDA and FDA allow big corporations to pour toxic chemicals into our food and soil. I will reverse those priorities.”

That post was in response to the news that Nourish Co-op in Michigan was forced to destroy all of their raw dairy products. Kentucky Representative Thomas Massie responded to the latest announcement by the USDA by referencing an article by the New York Times. Massie said “Buried deep in the NYT article “U.S. Milk to Be Tested for Bird Flu Virus“ are 2 facts that reveal this is a scamdemic.” The NY Times wrote, “No one has yet been known to become ill from drinking raw milk” and “The virus has now been detected in 720 herds in 15 states.”

The HighWire has reported about the war on small farmers through burdensome regulations meant to protect the environment from climate change. Last week, Jeffery Jaxen reported about Bovaer, a feed additive intended to reduce methane emissions from cows despite the dangers of infertility for livestock and humans.

Tracy Beanz and Michelle Edwards reported for The HighWire about restrictions imposed on small farmers in Oregon for the sake of water conservation. The regulations apply to Concentrated Animal Feeding Operations (CAFO), which are commonly referred to as factory farms. Beanz and Edwards reported that a loose definition of CAFO in the regulatory framework allows the government to classify small farm operations as a CFO. They wrote, “For example, a few-acre homestead with pasture, two milking cows, and a few chickens qualifies as a CAFO if it has any spot on the property that uses gravel or rock as a pathway to reach a small barn or a coop.”

When a small farm in Oregon gets hit with these kinds of regulations, the cost of the required drain lines and holding tanks reaches in excess of $100,000. These regulations are putting small farmers out of business. A report by The HighWire in June pointed out the significant reduction in small family farms around the country while the number of corporate farms continues to increase.

The article states, “The latest USDA census data compares 2022 data to 2017. In these 5 years, the number of family farms dropped by 141,227, a total of eight percent. In the same time frame, corporate farms increased by 10,808, a total increase of 9.25%. Most farmers must rely on off-farm income to stay in business and pay the bills. In 2017, 56% of farmers had a primary job off-farm, which indicates that small farms are not an advantageous venture for most.”

The latest order by the USDA gives the department the power to quarantine and surveil livestock on the basis that H5N1 fragments in raw milk may cause the virus to spread. However, no evidence has been provided to substantiate this concern. The CDC still says the public health risk of H5N1 is low, and there is no evidence of human-to-human transmission.

According to the World Health Organization, there is a 52% mortality rate for human cases of H5N1 based on 882 cases over 20 years from 2003 to 2023. There have been 55 confirmed cases of H5N1 in humans since this outbreak began, but they have overwhelmingly been mild, and no deaths have occurred in the United States.

Forbes published an editorial by Bruce Y. Lee last week suggesting that the current response to H5N1 is repeating some of the same mistakes made during the COVID-19 pandemic. The basis for this concern is the possibility that the virus will mutate to become transmissible and deadly in humans. Dr. Redfield said gain of function research is the only way this virus will become easily transmissible between humans.

Lee suggests that the U.S. did not implement surveillance systems to track the spread of COVID-19, which caused the virus to proliferate more than necessary. The HighWire reported last week about the Select Subcommittee on the Coronavirus Pandemic’s final report, which concluded that lockdowns, masks, and social distancing had no scientific basis and that lockdowns caused more harm than good.