Colorado Ag Commission Approves Avian Influenza Emergency Rule

Recently, the Colorado Agricultural Commission approved, and Commissioner of Agriculture Kate Greenberg adopted an emergency rule to help limit the spread of Highly Pathogenic Avian Influenza (HPAI) in Colorado. Since the initial detection of HPAI in dairy cattle in March 2024, the virus has spread to dairies in at least nine states, including Colorado.

On April 24, 2024, the Animal and Plant Health Inspection Services (APHIS), United States Department of Agriculture, issued a federal order to prevent the spread of HPAI. In order to implement the requirements in USDA’s Federal Order and to protect the public health, safety, and welfare, including avian and dairy production facilities, the Colorado Agricultural Commission approved, and Commissioner Greenberg adopted an Emergency Rule to require mandatory testing of lactating dairy cattle moving interstate. Colorado has 106 dairies and approximately 200,000 dairy cows.

“HPAI is a contagious and economically devastating disease that causes severe illness or death in poultry – such as chickens, turkeys, and ducks – and loss of production and illness in dairy cattle,” said Commissioner Kate Greenberg. “This emergency rule will help Colorado mitigate the spread of HPAI and help protect our poultry and dairy industry from the virus.”

The State Veterinarian’s Office, in partnership with the Colorado Department of Public Health and Environment, will hold a virtual town hall to present updates on the status of HPAI in Colorado on Wednesday May 8, 2024 from 9:30 a.m. – 11:00 a.m. Anyone can register to attend and submit any questions they have at ag.colorado.gov/HPAIcattle.

The emergency rule requires testing of lactating dairy cattle before interstate movement. Any lactating dairy cattle must receive a negative test for HPAI (also referred to as Influenza A virus in cattle) at an approved National Animal Health Laboratory Network (NAHLN) laboratory. Samples must be collected by an accredited veterinarian, licensed veterinarian, or sample collector approved by the State Veterinarian no more than seven days prior to interstate movement and the negative results must be recorded on the Certificate of Veterinary Inspection (CVI).

Lactating dairy cattle that are showing clinical signs consistent with HPAI or those from herds that test positive for HPAI in the prior 30 days are ineligible for interstate movement. After the 30-day period, animals must be tested again for movement. Dairy cattle moving directly to slaughter do not need a pre-movement test but must have a CVI approved by animal health officials in the sending and receiving state.

Any violation of this rule may result in referral to the Colorado Office of the Attorney General or the local district attorney and subject the violator to penalties, including civil penalty, criminal prosecution, or enforcement through the state’s district courts (or any combination thereof).

The rule went into effect on April 30 and will be effective for 120 days, unless either revoked or renewed by the Commissioner under the guidance of the State Veterinarian’s Office.

HPAI Public Town Hall Information

Date and Time: Wednesday May 8, 2024 from 9:30 a.m. – 11:00 a.m.

Registration link: Zoom registration or visit ag.colorado.gov/HPAIcattle.

Description: Colorado State Veterinarian’s Office will provide updates about the status of Highly Pathogenic Avian Influenza (HPAI) in Colorado, the details of the Emergency Rule effective April 30, and answer questions.