By Tru Joi Curtis
National Agricultural Law Center
U of A System Division of Agriculture
FAYETTEVILLE, Ark. — In the more than two years since the current outbreak began, highly pathogenic avian influenza, or HPAI, has proven to be a highly adaptable foe, infecting not only poultry, but also dairy cattle and their human handlers.
Brook Duer, staff attorney at Penn State Center for Agricultural and Shale Law, will present the National Ag Law Center's July 17 webinar on HPAI in poultry and cattle. (Image courtesy Brook Duer)
According to the U.S. Department of Agriculture's Animal and Plant Health Inspection Service, or USDA-APHIS, 97.26 million birds in commercial and backyard flocks, as well as 137 dairy cattle herds, have been affected since the current outbreak’s start in February 2022. In a June 2024 technical report, the CDC reported that the virus has also infected three farm workers in Texas and Michigan this year.
Since December 2023, the number of states where HPAI has been detected has risen from 27 to 48. Since May 24, 2024, 6.41 million birds have been affected, according to USDA-APHIS.
Brook Duer, staff attorney at Penn State Center for Agricultural and Shale Law, said that HPAI remains as virulent and easily transmissible in poultry as when the industry first experienced an outbreak in 2015.
“We are in uncharted territory with HPAI in poultry — it is by far the largest animal disease event in U.S. history,” Duer said. “HPAI may already be a permanent backdrop to poultry and egg production.”
The foundational statutes, regulations, manuals and procedures that give USDA-APHIS its authority will be examined through the lens of HPAI outbreaks in poultry and cattle during the NALC’s next webinar, “HPAI in Poultry and Cattle: How Can We Miss You If You Won’t Go Away?” The webinar will be presented by Duer.
The spillover to dairy cattle has brought more insights and questions. Each host species’ unique response to the virus is vastly different and the virus can mutate quickly, Duer said.
“With dairy cattle, the disease can go nearly undetected through traditional observation of symptoms. This allows it to reach a point in the food production supply chain where pasteurization becomes the primary tool. That might be seen as uncomfortably close to the consumer,” Duer said. “Understanding how USDA-APHIS’ response has progressed to date, and why, will allow producers to better anticipate what research still needs to be done to get the answers producers want.”
The webinar will be held Wednesday, July 17 at 11 a.m. Central/Noon Eastern. Registration is no cost and available online.
HPAI is not only a threat to animals, but also to humans. On June 5, 2024, a 59-year-old man from Mexico City became the first person to die from HPAI. The man did have prior health complications and the source of exposure is unknown, according to Reuters.
Duer said much more still needs to be known about transmission and impact in humans. More extensive, and potentially expensive, detection methods may become routine and legally required at earlier stages.
“With the outbreak of HPAI in dairy cattle and cases of human illness, this topic is extremely important to agricultural producers,” NALC Director Harrison Pittman said. “Brook will give producers a greater understanding of where things are at with HPAI, what USDA-APHIS is doing to resolve the situation and what producers should know about the disease.”
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