Katelyn McGruder
Associate Editor
Loyola University Chicago School of Law, JD 2026
The recent emergence of highly pathogenic avian influenza (H5N1), commonly known as bird flu, in U.S. dairy farms has raised significant public health and regulatory concerns. While traditionally associated with poultry, the virus’s spread to dairy cattle has prompted urgent investigations into transmission patterns, biosecurity measures, and regulatory compliance. As federal and state agencies respond to this development, businesses must navigate evolving compliance requirements to ensure public safety and maintain industry stability.
Understanding the rise of bird flu in dairy farms
Historically, H5N1 has primarily affected birds, with sporadic cases in mammals. However, recent detections in dairy cattle highlight the virus’s potential for cross-species transmission. Experts believe that infected migratory birds, contaminated feed, or human-mediated contact like farming may have facilitated the virus’s spread. The implications of this outbreak extend beyond animal health, as concerns grow over potential human exposure through unpasteurized milk and dairy farm environments.
The regulatory response to bird flu in dairy farms involves multiple federal and state agencies, each playing a critical role. The U.S. Department of Agriculture (USDA) monitors animal health, enforces biosecurity protocols, and provides guidance on testing and containment. The Food and Drug Administration (FDA) oversees food safety regulations, including milk pasteurization standards to prevent viral transmission. The Centers for Disease Control and Prevention(CDC) assesses human health risks and issues recommendations for worker safety. The Occupational Safety and Health Administration (OSHA) regulates workplace safety for dairy farm employees, ensuring protective measures against zoonotic infections, which are caused by germs that spread between animals and people.
In response to the outbreak, dairy farms must comply with a series of evolving regulations to mitigate the spread of H5N1. Enhanced biosecurity protocols are being enforced by the USDA and state agriculture departments, requiring stricter farm sanitation practices, controlled animal movement, disinfection stations, and limits on visitor access. Mandatory testing and reporting in affected regions necessitate cattle testing for H5N1 and reporting of suspected cases to state and federal authorities. Food safety standards emphasize adherence to pasteurization requirements to eliminate viral risks in dairy products. Worker protection guidelines, recommended by the CDC, include personal protective equipment (PPE) for farm workers and training on handling potentially infected animals safely.
Emerging policy threats: cuts to OSHA, the CDC, and a new Health Secretary
The rise of bird flu in dairy farms underscores the critical importance of robust regulatory frameworks and compliance mechanisms. However, recent policy developments threaten to undermine these safeguards, creating a precarious environment for public health and food safety. Proposed budget cuts to key agencies like OSHA and the CDC, coupled with controversial policy shifts under the new Health Secretary, Robert F. Kennedy Jr., pose significant risks to the nation’s ability to manage and contain zoonotic diseases like H5N1.
The Trump administration’s proposed cuts to OSHA and the CDC are particularly alarming in the context of the bird flu outbreak. OSHA plays a pivotal role in ensuring workplace safety, particularly in high-risk environments like dairy farms, where workers are exposed to potentially infected animals. Reduced funding for OSHA could lead to fewer inspections, weaker enforcement of safety protocols, and a lack of resources for training programs. This could result in inadequate protective measures for farmworkers, increasing their risk of contracting H5N1 and other zoonotic diseases. According to a report by the National Institute for Occupational Safety and Health (NIOSH), agricultural workers are already among the most vulnerable populations for zoonotic infections due to their close contact with animals and limited access to healthcare. Weakening OSHA’s capacity to enforce safety standards would only exacerbate these vulnerabilities.
Similarly, cuts to the CDC’s budget could cripple the nation’s ability to monitor and respond to infectious disease outbreaks. The CDC is responsible for tracking the spread of diseases like H5N1, conducting research on transmission patterns, and issuing guidelines to prevent human infections. A reduction in funding could delay the detection of new cases, hinder the development of containment strategies, and limit the agency’s ability to provide critical support to state and local health departments. A 2022 study published in The Lancet highlighted the importance of timely disease surveillance in preventing zoonotic outbreaks, emphasizing that delays in detection and response can lead to widespread transmission and significant public health consequences.
Compounding these risks, the newly appointed Health Secretary, Robert F. Kennedy Jr., has publicly supported the consumption and sale of unpasteurized milk, a stance that directly contradicts longstanding FDA and CDC guidance. Pasteurization, a process that involves heating milk to kill harmful bacteria and viruses, has been a cornerstone of food safety for over a century. However, the Health Secretary’s support for deregulating raw milk sales could undermine these efforts, increasing the risk of foodborne illnesses and complicating the response to the bird flu outbreak.
Given the potential for H5N1 contamination in raw dairy products, this policy shift could undermine public health efforts and increase the risk of human exposure to dangerous pathogens. While pasteurization effectively neutralizes the virus, raw milk poses a significant risk of transmission to humans. In 2017, the CDC found that unpasteurized dairy products were responsible for 96% of all dairy-related foodborne illness outbreaks in the U.S. over a decade. By promoting the consumption of raw milk, the Health Secretary’s stance could not only exacerbate the current bird flu crisis but also set a dangerous precedent for deregulating other food safety standards.
The combination of reduced funding for critical agencies and the deregulation of food safety standards creates a perfect storm for public health crises. Beyond the immediate threat of H5N1, these policy changes could lead to a broader erosion of food safety and workplace protections. The ripple effects of these changes would extend far beyond the agricultural sector, impacting restaurants, grocery stores, and ultimately, consumers.
Looking ahead
In the face of these challenges, regulatory compliance remains more important than ever. For dairy farmers, this means adhering to enhanced biosecurity protocols, conducting regular testing for H5N1, and ensuring that all dairy products are properly pasteurized. It also means staying informed about evolving regulations and working closely with federal and state agencies to implement best practices for disease prevention and control.
However, compliance alone is not enough. Policymakers, industry leaders, and public health officials must work together to address the root causes of these threats. This includes advocating for adequate funding for OSHA and the CDC, resisting efforts to deregulate food safety standards, and promoting evidence-based policies that prioritize public health over short-term economic gains. Public awareness and advocacy are also critical. Consumers, workers, and community leaders must hold policymakers accountable and demand stronger protections for food safety and workplace health.
The rise of bird flu in dairy farms is a stark reminder of the interconnectedness of animal health, food safety, and public health. By weakening the agencies and standards that protect us, policymakers are not only jeopardizing the dairy industry but also putting the broader public at risk. In this challenging environment, collective action and a commitment to evidence-based policies are more important than ever. Only through collective effort can a safe and sustainable future for food systems and public health infrastructure be ensured.