This is an evolving situation. FTCLDF will continue to monitor developments and post new information as it becomes available.
On December 6, 2024, the USDA Animal and Plant Health Inspection Services (APHIS) announced a new rule authorizing testing of raw milk for the H5N1 virus. The order specifies:
“Upon request from APHIS any person responsible for a dairy farm, bulk milk transporter, bulk milk transfer station, or dairy processing facility that sends or holds raw (unpasteurized) milk intended for pasteurization must allow APHIS operators to obtain raw milk in a quantity sufficient to test for HPAI virus.”
This is in addition to the ordered issued April 24, 2024 requiring testing of cattle moving interstate. This new order involves the testing of milk samples for H5N1, and is not limited to cattle or dairy products involved in interstate commerce.
Read a copy of the order HERE.
The USDA is directing the public to visit its website for more information HERE.
FTCLDF Response
FTCLDF is reviewing the new directive and is in touch with allies and supporters to determine the appropriate response. This may include communications, outreach to the USDA and FDA, outreach to federal, state and local policymakers, or even potential litigation. FTCLDF initial concerns include:
- There are NO reported cases of human illness caused by consuming raw milk.
- The directive is not clear on the method of testing, and we are concerned with reports that state authorities intend to do PCR testing, a type of testing for genetic materials that may create misleading results.
- The USDA issued this federal order without public input, bypassing the notice and comment requirements of federal rulemaking.
- The federal order is NOT limited to interstate commerce, meaning that it is now regulating matters intended to be regulated by the state.
FTCLDF reminds folks to review the prior blog by our friend and microbiologist Peg Coleman addressing the lack of evidence of virus transmission from raw milk to humans.