Last Updated 05/01/2024

Highly Pathogenic Avian Influenza (HPAI), sometimes also called Bovine Influenza A Virus (BIAV) or H5N1, has been confirmed in dairy farms in Colorado, Idaho, Kansas, Michigan, North Carolina, Ohio, South Dakota, New Mexico, and Texas.

USDA Clarification Regarding Movement of Cattle Through Markets or Auctions to Slaughter, Under the April 24 Federal Order

Issued April 27, 2024

USDA APHIS continues to receive questions related to the movement of lactating dairy cattle to sale barns and auction markets under the Federal Order and associated guidance, effective on April 29.

This message is to clarify that the Federal Order does not apply to the intrastate movement of a lactating dairy cow to a sale barn. Subsequent interstate movement for a lactating dairy cow from a sale barn directly to a slaughter facility requires only a Certificate of Veterinary Inspection (CVI) stating that the animal is clinically healthy; no testing is necessary. 

This clarifies the requirements for states where direct to slaughter movements are limited but cattle movements flow through sale barns and auctions for consolidation and movement as a "lot" to slaughter out of state. We are announcing this clarification over the weekend to ensure small farms have the guidance necessary to continue to move cull cattle and limit animal welfare issues.

Lactating dairy cows moving direct to slaughter under the federal order need to move on an Interstate Certificate of Veterinary Inspection (ICVI). As permitted by the federal order, most states have agreed to accept Owner shipper Statements (OSS) or other alternative documents in lieu of an ICVI to move direct to slaughter.

LMA Industry Alert Summary of USDA Guidance on Movement of Lactating Dairy Cattle in Wake of HPAI/H5N1 Situation 

Today, Friday, April 26, 2024, USDA published guidance (LINK: https://www.aphis.usda.gov/sites/default/files/aphis-requirements-recommendations-hpai-livestock.pdf) to supplement the federal order (LINK: https://www.aphis.usda.gov/sites/default/files/dairy-federal-order.pdf) released Wednesday that restricts movement of lactating dairy cattle in the United States and requires certain pre-movement testing for those cattle. The Order also makes reporting of Influenza A in livestock mandatory.  

The Federal Order goes into effect Monday, April 29, 2024. 

The order applies to movements between different states and not movements within a single state. State-specific intrastate movement requirements and state import requirements that are more restrictive than the federal order still apply. LMA members that market lactating dairy cows for both continued use on dairy farms or to slaughter should read the entire guidance document linked above, but a summary of major points follows: 

FOR SICK CATTLE: No clinical (sick) lactating cows can be shipped across state lines either for replacement OR for slaughter. 

FOR LACTATING CATTLE FROM POSITIVE HERDS: Lactating dairy cattle from herds where at least one animal has tested positive are NOT eligible for interstate movement for 30 days from the most recent collection of any sample that tests positive. This is regardless of if the cow to be moved is being moved for slaughter or as a replacement or if she has tested negative. After the 30-day period, lactating animals must be tested again and test negative prior to movement. 

FOR LACTATING SLAUGHTER CATTLE: Slaughter-bound lactating cows that are not clinically infected and need to move across state lines may move direct to slaughter with NO premovement test. However, these animals must move on a certificate of veterinary inspection (health paper) or, if agreed upon by the shipping and receiving states, an alternative movement document such as an owner-shipper statement. 

• These cattle can move to a livestock auction market in the same state as their farm of origin and then go from the livestock auction market to slaughter. For example, a lactating cow goes from a farm in state A to market in state A and then from the market in state A to slaughter in state B. Those are two movements. The first does not fall under the federal order because it is intrastate. The second falls under the order and requires documentation but no testing because it is direct to slaughter. 
• At this time, lactating cows may not move from their state of origin to a livestock auction in another state without testing, regardless of if they then move from the market to slaughter and regardless of whether that slaughter facility is in the same state as the market. LMA has made USDA aware this is challenging especially in certain areas.  
• These cows may move with backtags instead of official identification ear tags as allowed by the federal Animal Disease Traceability rule.  

FOR LACTATING CATTLE FROM NON-POSITIVE HERDS: Prior to interstate movement, lactating cows that are NOT clinically infected, NOT from a farm with a recent (within 30 days) positive case, and NOT directly slaughter-bound must have a negative test: 

• The sample must be collected within 7 days of interstate movement, 
• The sample must be collected by an accredited veterinarian, a sample collector approved by a state animal health official, or a designated individual at a farm that was trained to collect milk and nasal swab samples, 
• The sample must be sent to an approved National Animal Health Laboratory Network (NAHLN) laboratory, 
• For groups/lots of 30 or fewer animals moving interstate, all animals being moved must be tested. If more than 30 animals are moving interstate, only 30 animals total must be tested. 

FOR NONLACTATING DAIRY CATTLE – Nonlactating dairy cattle – including heifers, dry cows, and bull calves – are not currently subject to testing for interstate movement due to their risk profile.  

Producer questions regarding the determination of lactation status (i.e. lactating vs. dry cows) should be referred to the producers’ herd veterinarian. 

LMA staff remains actively in contact with the U.S. Department of Agriculture, state animal health officials, and allied industry.

See the latest from USDA here.

USDA has also prepared Frequently Asked Questions document, which can be accessed here.

USDA has prepared a list of recommendations for state animal health officials, accredited veterinarians, and producers, which can be accessed here.

LMA is aware of the following state import restrictions related to this ongoing animal health event and will continue to monitor and update this information with these and ongoing changes accessible on this page. www.lmaweb.com/hpai.

Cattle originating from a premise that has had animals confirmed positive for BIAV may not be imported into Alabama without written permission from the State Veterinarian. Details here.

Lactating dairy cattle presented for UNRESTRICTED SALE at Arizona livestock auctions must be individually identified, accompanied by a negative test result for Influenza A reported out by the Arizona Veterinary Diagnostic Lab per USDA guidance and accompanied by a CVI to destination if out-of-state. Lactating dairy cattle presented to a livestock auction for RESTRICTED SALE FOR SLAUGHTER- ONLY will not require a negative Influenza A test but will require the accompanying Owner-Shipper Statement (OSS) or Certificate of Veterinary Inspection (CVI) if moved to inspected packing facilities in Arizona or to another state. If a CVI is elected, individual official ID must be provided (840 / NUES tags). Back tags may be used on the OSS only. The OSS must be emailed to origin and destination states no later than the day of movement.

In order to ensure compliance of federal requirements for lactating dairy cattle moving through livestock auction markets in Arizona and to mitigate potential transmission of disease from affected premises to susceptible livestock in Arizona or other states, the State Veterinarian advised the Director to require owners of lactating dairy cattle to produce proof of a negative Influenza A test taken no more than 7 days prior to intrastate or interstate movement from a livestock auction for lactating dairy cattle subject to unrestricted sale. For restricted slaughter-only sales, the Influenza A testing requirement will be exempted.

No dairy cattle exhibiting clinical signs of HPAI will be allowed to move into Arkansas. Dairy entering from affected states will require permitting by Arkansas Department of Agriculture and may be required to complete pre-movement testing as determined by the State Veterinarian. Failure to abide by import requirements shall result in a whole premises quarantine on imported animals for 21 days and negative PCR testing for HPAI before release from quarantine. Details here. 

All dairy breed cattle originating from any state(s) where Bovine Associated Influenza A (H5N1) Syndrome** has, or have been diagnosed, must be accompanied by a Certificate of Veterinary Inspection (CVI) and signed by an accredited veterinarian within seven (7) days of transport that includes the following statement: "All animals identified on this Certificate of Veterinary Inspection (CVI) have been inspected and do not originate from a premises with a confirmed detection of Bovine Associated Influenza A (H5N1) Syndrome** or that is currently under investigation as a suspect premises."

Effective April 29, 2024, all lactating dairy cattle are required to receive a negative test for Influenza A virus at an approved National Animal Health Laboratory Network (NAHLN) laboratory for interstate movement. Milk samples must be collected and submitted by the same Category II accredited veterinarian who is completing the health certificate and must be collected no more than seven (7) days prior to interstate movement. Lactating dairy cattle from herds which have tested positive for Influenza A are not eligible for movement for thirty (30) days from the most recent collection of any sample that tests positive from any individual animal in the herd. After the 30-day period, animals must be tested again for movement. No dairy cattle exhibiting clinical signs of HPAI will be allowed to move into Connecticut.

No dairy cattle from an affected herd shall be allowed to move into Delaware until further notice. If any cattle from an affected premises exhibit these signs, all cattle on that premises shall be restricted. Additionally, dairy cattle outside the Delmarva Peninsula require a signed health certificate within 48 hours of entry. Upon arrival, all dairy cattle will be quarantined for 30 days.

No cattle exposed to or infected with Bovine Associated Influenza A syndrome may be imported into Florida. No lactating dairy cattle originating from a state that has a suspected or confirmed case of Bovine Associated Influenza A Syndrome may be imported into Florida. All non-lactating dairy cattle originating from a state with suspected or confirmed case of Bovine Associated Influenza A Syndrome must have an Official Certificate of Veterinary Inspection within 10 days of importation. Details here.

Recommends but does not require using PPE to avoid potential exposure and use of enhanced biosecurity measures.

Idaho has restricted imports of all cattle (dairy and beef) from any premise in an affected state where a bovine animal has tested positive for BIAV. Certificates of Veterinary Inspection (CVIs) for all cattle imports that originate from an affected state shall be valid for no more than fourteen (14) days and must include the following statement: “The cattle identified in this shipment do not originate from a premises with a positive detection of BIAV or that is currently under investigation as a suspect premises. Details here.

No lactating dairy cattle may enter Kansas or move within the state of Kansas unless listed on a CVI issued by a licensed veterinarian who has obtained a permit from the Commissioner or an authorized representative of the Commissioner affirming that none of the lactating dairy cattle to be listed on the CVI originate from a premise where lactating dairy cattle have exhibited clinical signs of H5NI within 30 days preceding the date of the request for permit. The affirmation must be included in the CVI. If a veterinarian requesting a permit is unable to affirm the statement required on the CVI then the permit request is referred to KDA veterinarian for a risk assessment which may result in a denial or testing requirement no more than 72 hours prior to requested movement. Dairy cattle moving directly to slaughter are exempt from the provisions of this order. Details here.

All Dairy cattle originating from states with affected herds shall require a Kentucky Department of Agriculture, Office of State Veterinarian issued permit prior to movement into the Commonwealth of Kentucky, until further notice.

No dairy cattle exhibiting clinical signs or testing positive for Bovine Associated Influenza-A (H5N1) Syndrome may be imported into Louisiana. All dairy cattle entering Louisiana from states affected by Bovine Associated Influenza-A (H5N 1) Syndrome in dairy cattle will require permitting by the State Veterinarian and may be required to complete pre-movement testing as determined by the State Veterinarian. Permits can be requested through the Office of the State Veterinarian at vetreports@ldaf.state.la.us.

No dairy cattle may be imported into Maryland from another state or territory that has a confirmed detection of HPAI in cattle or has an operation currently under investigation as a suspected premise unless the cattle are accompanied by a CVI or approved health permit that has been prepared and signed within 7 days of transport by a veterinarian. Details here.

To control and prevent the continued spread of HPAI in Michigan, effective Wednesday, May 8, 2024, the following requirements are in place through this scientifically based extraordinary emergency order:

All Michigan dairy farms, as well as poultry operations considered commercial by the U.S. Department of Agriculture Animal & Plant Health Inspection Service (APHIS) must develop and implement biosecurity practices that include:

§  Designation of a biosecurity manager. Designation of a line of separation to represent the perimeter of a secure area, limiting access points.

§  Establishment of cleaning and disinfection practices and procedures at those access points for both vehicles and individuals. This must include deliveries of feed and other supplies, and training for employees.

§  Establishment of a log book maintaining a record of all vehicles and of individuals who have gotten out of vehicles and crossed those access points, to be retained and made available for examination upon request by MDARD

Further:

All lactating dairy cattle, and those in the last two months of pregnancy, are prohibited from being exhibited until there are no new cases of HPAI in dairy cattle in the State of Michigan for at least 60 consecutive days. No dairy cattle of any age from an infected premises may be exhibited until further notice.

Emergency rule that prohibits movement of animals to Mississippi off an affected dairy (not just sick but all animals for affected herd). Rule lasts for 6 months unless renewed.

All breeding female dairy cattle entering the state of Nebraska must obtain a permit issued by NDA prior to entry. To obtain a permit, contact NDA at 402-471-2351. The importation order will be in place for 30 days (until April 30, 2024) and will be re-evaluated at that time. Details here.

Importation of dairy cattle from a premises with a confirmed case of HPAI or a premises under investigation as a suspect premises is prohibited; and Dairy cattle imported from affected states must be accompanied by a Certificate of Veterinary Inspection (CVI) issued within 10 days prior to entry into the state; and CVIs issued for dairy cattle from affected states must include the statement: “All animals identified on the Certificate of Veterinary (CVI) have been examined and do not originate from a premises with a confirmed detection of Highly Pathogenic Avian Influenza, or that is currently under investigation as a suspect premises.”

No cattle from an affected herd (low appetite, decreased lactation, thickened or colostrum-like milk, or other variable signs identified in Texas, Kansas, New Mexico, Idaho, and Michigan) shall be allowed to enter North Carolina until further notice.

In accordance with the federal order, lactating dairy cows moving across state lines are required to have a negative test of their milk within 7 days of movement.

Cull lactating dairy cows moved to a livestock auction market in their state of origin, and then moving to a slaughter facility in another state are not required to be tested. They must move on a CVI, their individual official ear tag and back tag must be listed on the CVI, and a statement that the cattle are both free from, and have not been exposed to, a known contagious and infectious disease must be included

Cull lactating dairy cows moved to a livestock auction market from another state, and then moving to a slaughter facility in another state are required to have a negative milk test for HPAI.

If the lactating cows are offloaded the night before and you are able to verify that they DID NOT originate from OK, contact a state animal health official for the option to test the cow at the market then continue to send to slaughter.

Cull lactating dairy cows moved from a farm of origin directly to slaughter are not required to be tested, but they must move on a Certificate of Veterinary Inspection. All cattle on the CVI must have individual official identification, it must be recorded on the CVI, and it must include a statement that the cattle are both free from, and have not been exposed to, a known contagious and infectious disease

Do not forget that you will continue to handle all dairy like you normally do for TB testing (if it needs it or not). IF a lactating dairy cow that originates from OK, goes to an OK market, and then sold as a nurse cow to someone in OK: TB test and HPAI test required.

No dairy cattle from an affected premise where the virus has been confirmed or where animals are exhibiting symptoms be imported into the state until the premise has been declared free of disease by a State Animal Health Official (SAHO). All dairy cattle from any state and not originating from an affected premise must meet testing requirements before entering the state. A testing sample of at least 30 animals, or all animals if less than 30, must be tested within 7 days prior to movement. If animals originate from an affected state, nasal swab tests are required. Dairy cattle less than 18 months of age are exempt from the testing requirement. Dairy cattle moving direct to slaughter that will be processed with 72 hours of arrival are also exempt from testing requirement and may enter Pennsylvania on an owner shipper statement (OSS) that lists official identification or backtag number for each animal. More details here.

Requirements for cattle imported to Pennsylvania NOT intended for immediate slaughter:

1. Certificate of Veterinary Inspection (CVI)

2. CVI Statement for Vesicular Stomatitis: (currently applies to CA, NV, TX).

3. Official identification – applies to dairy cattle of all ages, sexually intact beef cattle of all ages, and cattle for rodeo and exhibition

4. Tuberculosis Testing Requirements

5. Influenza A Testing Requirements: Applicable only to dairy cattle, including crossbreds. a. Milk testing within 7 days of movement for lactating cattle from ANY state

b. Nasal swabs within 7 days of movement for non-lactating animals over 1 year of age for states with a current positive case

c. See USDA Testing Guidance for Labs for Influenza A in Livestock for further assistance

Requirements for cattle imported to Pennsylvania for immediate slaughter:

1. CVI or Owner-Shipper Statement: Backtags are acceptable ID for an Owner-Shipper Statement, but not a CVI.

2. Identification Requirements: Official ID not required if moving directly to slaughter with a USDA-approved back tag and an Owner-Shipper Statement

3. No testing required (including for lactating dairy cattle) moving directly to a recognized slaughter establishment provided that they are not commingled with any animals other than those also destined for immediate slaughter.

4. Animals sold directly from a farm (whether in or out of state) to a recognized slaughter establishment do not require official ID, a CVI, or influenza A virus testing. These animals can move on an Owner-Shipper Statement.

Additional guidance for livestock markets and tagging sites:

1. Intrastate movements to a Pennsylvania livestock market do not require official ID, a CVI, or influenza A virus testing

2. Animals sold to a Pennsylvania livestock market or tagging site from out of state, even if intended for slaughter, must have official ID and a CVI, and meet influenza A testing requirements

3. Movements from a livestock market to a slaughter facility (in or out of state) can be done with only an OSS (not a CVI) and no testing required (*Exception:* CVI required for Oklahoma slaughter facilities)

4. Movement from a livestock market or approved tagging site of out of state animals to a PA farm requires a CVI and testing prior to movement from the livestock market or tagging site

Permit required for adult dairy cattle entering from affected states (Texas, Kansas, New Mexico, Idaho, and Michigan) and may be required to complete pre-movement testing as determined by State Veterinarian.

For the next 30 days, dairy cattle entering Utah from an affected state must have a Certificate of Veterinary Inspection (CVI) that has been written in the last seven days with a statement that says that the cattle moving are not showing any signs of the emerging disease. Details here.

All cattle on the CVI must have individual official identification; the individual official identification must be recorded on the CVI; and the CVI must include a statement that the cattle are both free from, and have not been exposed to, a known contagious and infectious disease. All cattle moving to WV must adhere to the APHIS Requirements for Interstate Movement of Cattle.

Please contact the Wyoming Livestock Board directly via phone, 307.777.7515, or lsbforms-applications@wyo.gov. for restrictions regarding movement of lactating dairy cattle.

For more information about movement requirements, including requirements always in place regardless of the ongoing animal disease event, visit interstatelivestock.com.

Sick animals should not be moved regardless of any special restrictions.

More information on biosecurity measures can be found here.