Approximately 400 ostriches must be culled at Universal Ostrich Farms in British Columbia, Canada, following a Canadian Food Inspection Agency (CFIA) order on December 31 to “stamp out” the bird flu, which an appeals court recently upheld. A New York billionaire brought the issue to the attention of President Donald Trump as the farm owners vigorously fought to prevent the culling order from taking effect.

While some of the birds showed signs of avian flu on Christmas morning, the farm owners, Dave Bilinski and Karen Espersen, have argued that the rest of the flock is healthy and should not be culled because they may have developed natural immunity. It is now more than eight months after birds in the flock tested positive for a rare strain of H5N1 avian flu.

After the farm owners called the vet on Christmas, a neighbor alerted authorities that birds on the farm showed signs of the avian flu, and workers in hazmat suits came onto the property to test the two dead ostriches that were positive for highly pathogenic avian influenza (HPAI). Reports indicate 69 ostriches have died from HPAI since then, but the rest of the birds have fully recovered.

The farm sends egg yolks to Yasuhiro Tsukamoto, the president of Kyoto Prefectural University and a professor of veterinary medicine. Tsukamoto tests the yolks to learn more about how the ostrich flock fights against avian flu and other diseases.

While Bilinski and Espersen have argued the remaining birds in the flock should be retested and kept alive to help learn more about how the avian flu spreads, the CFIA has been insistent on keeping with international trade agreement protocols and immediately culling flocks that have tested positive for HPAI. The CFIA also claims the birds will not provide scientific value because the farm conditions are not adequate for a scientific study.

Bilinski and Espersen have stated that they are heartbroken following the ruling, which requires the remaining ostriches to be culled as part of the Canadian government’s “stamping out” policy. The farmers do not know if they will be able to continue operating their farm following the culling procedure.

After losing two separate appeals, the farm has had to shell out thousands in legal fees to cover the costs of the CFIA, but that doesn’t account for the additional legal fees they paid in an attempt to save their ostriches from being culled. The government policy states that Bilinski and Espersen will receive up to $3,000 per ostrich, but they argue that this does not represent the fair market rate of the ostriches given their value for scientific research. The farm owners have also been prohibited from independently testing their birds.

Katie Pasitney, daughter of co-owner Dave Pasitney, said she has heard from a credible source that their ostriches will likely be culled within days. She believes the Canadian authorities are inflexible and afraid to set a precedent for other farmers to challenge decisions made by the CFIA in the future. She explained that they are not a commercial poultry farm and live 135 kilometers away from the nearest major city, which should be a factor in the decision.

In May, HHS Secretary Robert F. Kennedy Jr., FDA Commissioner Marty Makary, and NIH Director Jay Bhattacharya met with CFIA President Paul MacKinnon to discuss a potential partnership that would utilize ostriches for further research to understand immune responses to the avian flu.

Centers for Medicare & Medicaid Services (CMS) Administrator Dr. Mehmet Oz offered to keep the birds on his 900-acre Florida ranch. Dr. Oz said members of the Canadian government are “burying their heads in the sand” and said “it doesn’t help anyone to kill the birds.”

Kate Pasitney posted a three-page response on X of “Scientific merit for preservation of our big, beautiful prehistoric ostriches at our farm.” It states, “In a twist of irony, the main business activity of the UOF is the production of antibodies against infectious diseases and other health by-products found in the eggs from the ostriches.” The post states that part of the research on the farm involves creating antibodies against the spike protein of the SARS-CoV-2 virus.

“At least 85% of the ostriches survived the last outbreak of H5N1 infection on the UOF site, so the remaining birds clearly have natural immunity, a fact acknowledged by the CFIA,” the post states. “Robert Kennedy Jr., the Director of the US HHS, has reached out a few times to the Canadian government requesting that these valuable birds be saved for their scientific importance. At least the US government recognizes their worth, and it is now time for the new Minister of Agriculture and Agri-Food, the Honourable Kody Blois, to rein in the CFIA to prevent the unwarranted execution of the UOF flock.”

Pasitney also posted a statement of support on August 24 from Canadian Virologist Dr. David J. Speicher, who said the scientific value of these birds is not being considered in the CFIA’s decision to cull the entire flock.

“Compared to chicken eggs, ostrich eggs yield more lgY per egg (up to 4000 mg vs. 100-250 mg), making them valuable for large-scale production of specific antibodies for diagnostics and therapeutics, owing to their non-invasive extraction and lack of cross-reactivity with mammalian proteins,” Dr. Speicher said. “These ostrich-derived lgY antibodies show promise in combating avian influenza and enhancing Canada’s food security.”

While the culling of the flock may occur at any time, the farmers and their supporters continue to fight and hope for the CFIA to reconsider its decision. The HighWire has reported on the US response to the avian flu, including the mass culling of chickens, which has resulted in significant egg shortages and increased prices. The new administration implemented alternative strategies to combat the avian flu without culling entire flocks of chickens.

Steven Middendorp

Steven Middendorp is an investigative journalist, musician, and teacher. He has been a freelance writer and journalist for over 20 years. More recently, he has focused on issues dealing with corruption and negligence in the judicial system. He is a homesteading hobby farmer who encourages people to grow their own food, eat locally, and care for the land that provides sustenance to the community.

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