19.06.2023

The Animal Welfare Institute (AWI) has submitted a petition to the US Department of Agriculture (USDA), urging a revision of animal disease regulations. The petition calls for the implementation of audited emergency response plans, including humane depopulation strategies, as a prerequisite for compensating producers for losses during disease outbreaks. The Animal Health Protection Act grants the USDA the authority to order the depopulation of domestic bird flocks or other farmed animals to combat disease spread. In such cases, the USDA can indemnify producers for the loss of birds, eggs, and associated expenses related to depopulation and virus elimination activities.
Over the past 16 months, the United States and other countries have been confronted with an unprecedented highly pathogenic avian influenza (HPAI) outbreak. Research suggests that the disease is becoming endemic in wild bird populations in Europe and may soon establish itself similarly in North America. The HPAI outbreak persists, with the US government already having spent an estimated $661 million on response activities and indemnity payments by February 2023, with no end in sight. During the 2014-2015 outbreak, the USDA spent an estimated $950 million on response and preparedness activities, as well as indemnity payments.
As of June 15, HPAI has been confirmed in 325 commercial and 511 backyard flocks across 47 states, resulting in the depopulation of nearly 59 million domestic birds. The three states most affected by the ongoing outbreak are Iowa (over 15.9 million birds), Nebraska (over 6.7 million birds), and Colorado (over 6.2 million birds).
AWI's petition, submitted to the USDA's Animal and Plant Inspection Service (APHIS), cites a 2018 agency rule that requires producers to have an approved biosecurity plan audited at least every two years to be eligible for HPAI-related claims. While biosecurity planning plays a crucial role in protecting birds and reducing the risk of disease introduction, AWI argues that it should not be the sole criterion for compensation eligibility. The USDA must also incentivize producers to adequately prepare for the rapid and humane depopulation of infected and exposed animals to control disease spread.
During the current outbreak, a contentious method known as "ventilation shutdown plus" (VSD+) has been employed to kill large numbers of birds. VSD+ involves cutting off airflow in a barn and raising the temperature above 104 degrees Fahrenheit, leading trapped birds to die from heat stroke over several hours. VSD+ likely inflicts severe suffering, and 3,500 veterinary professionals have voiced their opposition to its use. Nonetheless, according to AWI's analysis of USDA records from February 2022 to March 2023, at least 44.9 million birds, accounting for nearly 77% of the impacted commercial birds in the United States, were depopulated using VSD+ either alone or in combination with other methods.
In comparison, during the 2014-2015 HPAI outbreak, which was regarded as the most significant and severe animal health disease incident in US history at that time, the primary depopulation methods employed were water-based foam and carbon dioxide (CO2) gassing. Due to depopulation delays observed during that outbreak, particularly in layer operations with large numbers of birds, the USDA implemented a policy mandating depopulation within 24 to 48 hours of avian flu detection. Additionally, the department authorized the use of VSD+ as a last-resort method when more humane alternatives were not available. Despite the widespread use of VSD+ in recent times, AWI's analysis reveals that the USDA's depopulation timeline has not been met in the majority of cases involving large flocks (at least 100,000 birds). Of the 37 depopulation events involving VSD+ in large flocks, nearly two-thirds took at least three days to complete. In the most extreme cases, involving at