This client alert is a continuation in a series of Barley Snyder clients alerts on the ongoing Highly Pathogenic Avian Influenza outbreak in the United States.
Effective Tuesday, November 26, 2024, the Pennsylvania Department of Agriculture (“Department”) is implementing mandatory testing of tankers delivering raw bulk milk to milk processors. This step is being taken to ensure adequate surveillance of Highly Pathogenic Avian Influenza (“HPAI”) in dairy cattle and to prevent a widespread outbreak of the disease in Pennsylvania. The Department of Agriculture is providing no-cost testing in an effort to safeguard both the dairy and poultry industries from potentially devastating losses from HPAI.
Pennsylvania is unique from other states in that it possesses heavy concentrations of multi-species farms in several counties. Much of the Commonwealth’s poultry and dairy cattle are raised on the same premises, which makes both industries in Pennsylvania vulnerable to outbreaks if proper biosecurity practices are not followed consistently. There are currently no recorded cases of HPAI in Pennsylvania. However, since 2022, Pennsylvania’s poultry industry has had 74 premises in 20 counties lose approximately 4.7 million birds to HPAI. To prevent a widespread outbreak of the virus in additional flocks and dairy herds, the Department’s position is that it is imperative to create robust detection and mitigation strategies.
The Pennsylvania Department of Agriculture statewide quarantine order requires testing by any processor that receives raw milk from a Pennsylvania dairy farm or milk cooperative and any individual farm or cooperative delivering bulk raw milk to an out-of-state processor. Testing intervals must be such that each dairy farm from which milk is picked up is tested at least once in every 14-day period. Pennsylvania processing plants are responsible for milk delivered within the Commonwealth; bulk haulers or samplers are responsible for testing of milk destined for out-of-state processors.
All testing will be handled by Pennsylvania Animal Diagnostic Laboratory System labs at no cost to the farmer, milk processor, or hauler. If milk from a tanker truck tests positive for HPAI, the Department will work with the processor to determine which farms supplied milk for that particular tanker. From there, the Department’s Bureau of Animal Health will take samples from individual farms to determine the source. If HPAI is identified on a dairy farm through testing, the Department will establish and post an Order of Special Quarantine at that farm, identify the farm as an infected premise, and establish an Infected Zone of three kilometers surrounding that farm, within which all herds will be required to submit additional testing. All dairy farms must have a United States Department of Agriculture (“USDA”) Premises Identification Number (PIN) which is used to identify the locations of dairy farms to locate which farms are in quarantine zones. Although the farm will be under an Order of Special Quarantine, the producer will be allowed to ship milk with a permit from the Department, while meeting biosecurity standards.
If you have any questions about HPAI or compliance with the Pennsylvania Department of Agriculture’s Mandatory Milk Testing Program, please contact attorneys Tim Dietrich, EmmaRose Strohl or any member of Barley Snyder’s Food & Agribusiness Industry Group.
