Officials in two of three states investigating their first cases of bird flu in dairy cattle this month say their hands are tied after the Food and Drug Administration begged states to step up testing and restrictions on potentially infectious raw milk sold to consumers within their borders.
Wyoming, Iowa and Minnesota announced their first detections of the virus in recent days, becoming the first new states to be added to the USDA’s case list in weeks.
“There are no plans to monitor raw milk for H5N1 or restrict sales of raw milk due to the outbreak,” Derek Grant, a spokesperson for the Wyoming Department of Agriculture, told CBS News in a statement.
Both Wyoming and Iowa have laws that significantly limit state oversight of products like raw milk to the state’s “informed end consumers.”
“For this reason, foods sold under the Wyoming Food Freedom Act are not licensed or regulated by the WDA, so there is no structure in place to conduct oversight or impose restrictions on sales,” said Grant.
In Iowa, officials said they are urging producers with sick cows to work with authorities to test cows for bird flu after finding that bird flu has spread to cattle and poultry farms . Authorities did not go so far as to say they would restrict infected farms’ access to sell raw milk.
“The Iowa raw milk law explicitly prohibits the Iowa Department of Agriculture and Land Management from licensing and regulating raw milk dairies,” said spokesman Don McDowell in a press release.
FDA Recommendations to States
Although it is already illegal to sell raw milk interstate, some states have laws that allow its sale within their borders, although several only allow raw milk to be sold on farms.
FDA officials said in a letter last week that cracking down on intrastate sales was not within their jurisdiction.
“The agency has ensured that our state regulatory partners are aware of our concerns and recommendations, including by sharing and communicating directly, and by making this letter available on our website,” a spokesperson for the FDA in a statement, citing “multiple engagements” with states on the issue.
One of the FDA’s recommendations to states is the implementation of surveillance programs that would test for the H5N1 virus on dairy farms selling raw milk to try to “stop the sale of raw milk that may pose a risk to consumers”.
While recent research has shown signs that the virus could also spread between cows in the respiratory tract, authorities have said for months that droplets of unpasteurized milk teeming with the virus were likely causing the majority of spread between cows as well as the spread of the virus. impact on nearby animals and several cases in humans.
In contrast, the FDA cited tests showing that pasteurized milk remains safe consume. Pasteurization is a process that uses heat to kill dangerous organisms found in milk and dairy products.
The agency also continues to allow the sale of aged cheeses made from raw milk across state lines, although it is unclear whether the aging process will be sufficient to reduce the risk of viruses like it does so for other pathogens.
“The FDA continues to collect data, conduct testing, and support research related to the safety of dairy products and H5N1 HPAIV, including raw milk-aged cheeses,” the spokesperson said.
Legalization of raw milk
Not all affected states say they are unable to regulate sales of raw milk from cows infected with bird flu. The laws in Iowa and Wyoming are different from some raw milk laws in other states, several of which give authorities the power to regulate the market.
At least eight states also have pending raw milk bills, according to a database published by the National Conference of State Legislatures.
The Minnesota Department of Agriculture acknowledged that state law allows consumers to purchase raw milk “in limited circumstances” but said it is prohibited at any farm confirmed to have the virus to sell raw milk to consumers.
“Herds affected by the virus are not allowed to sell raw milk directly to consumers because this milk is likely to contain harmful pathogens,” said Nicole Neeser, director of the Dairy and Food Inspection Division. Minnesota Meats, in a press release.
In Texas, one of the first states to report outbreaks, health officials are adding the H5N1 virus to their panel of routine raw milk surveillance tests. Authorities will also carry out targeted testing in areas with infected herds.
“We began testing raw milk from retail dairies located near (in the same or adjacent county) a known outbreak of avian flu in commercial producer dairies,” said Lara Anton, Gate -spokesperson for the Texas Department of Health. Services, said in an email.
In Ohio, where cases have also been confirmed in dairy cows, authorities have declared the sale of raw milk to consumers illegal.
Apart from certain “herd sharing agreements” where residents go directly to farms to collect raw milk, Michigan said raw milk cannot be sold to residents in retailers or other stores.
Undetected cases of dairy cows
The FDA letter comes as officials investigate how the virus appears to have emerged in new areas of the country, following an investigation by the U.S. Department of Agriculture. order in April required dairy cattle to be tested for the virus before being moved across state lines.
A USDA spokesperson denied that the new cases were a sign that the testing order was ineffective in stopping the spread to new states, saying investigations so far have not established a link between new cases and interstate transport of livestock.
In Minnesota, the state health board confirmed his recent case There was “no interstate movement” before the first outbreak in the state. The Minnesota Department of Agriculture urged dairy farmers to test sick cows and take other precautions to curb the spread of the virus.
“Consumers who choose to purchase unpasteurized milk from unaffected farms should discuss biosecurity and testing measures with the dairy producer,” Neeser said.