Washington, DC – Today, Congresswoman Julia Brownley (D-CA) announced Congressional action calling on the U.S. Department of Agriculture (USDA) to investigate the ongoing and widespread outbreak of highly pathogenic avian influenza (HPAI) and the oversight of depopulation methods used to kill affected birds. Brownley was joined by 29 of her colleagues in sending a bipartisan letter to USDA Secretary Tom Vilsack requesting information on how USDA is contending with the current HPAI outbreak, preparing for future outbreaks, and more humanely depopulating affected animals.
“Impacting nearly 80 million birds during the current HPAI outbreak alone, the HPAI virus has taken a historically significant toll on the United States, both from an economic perspective and on the animals themselves. This highly pathogenic virus can kill up to an entire poultry flock in as quickly as 48 hours – leading farmers to take severe financial losses,” said Congresswoman Brownley.
In the letter, the lawmakers wrote, “We are concerned with reports and analysis indicating that the use of Ventilation Shutdown Plus Heat (VSD+ Heat) has become the default method for depopulations during this outbreak, despite the serious welfare implications involved. Analysis by the Animal Welfare Institute of USDA records from February 2022 to July 2023 indicates that an extremely high percentage of birds (over 83%) were killed in depopulation events that used VSD+ Heat as their sole depopulation method (13.6 million birds) or as one of multiple depopulation methods employed (35.4 million birds).
“VSD+ Heat kills animals by inducing heatstroke and leads to prolonged suffering. Our understanding of current USDA policy is that this method should only be employed when more humane alternatives are not feasible. To that end, we request information to better understand how the USDA is contending with the current HPAI outbreak and how the department foresees preparing for future outbreaks so that the USDA, state agencies, and the industry itself are better equipped to more humanely depopulate animals during a crisis.”
“We are currently in the midst of the largest outbreak of Avian Flu in U.S. history, with approximately 80 million birds killed as a result so far. It is imperative that we remain focused on controlling the spread of this outbreak – and any future outbreaks of animal disease – in the most humane way possible instead of defaulting to methods of farmed animal depopulation that cause extreme animal suffering. We appreciate the efforts of Congresswoman Brownley and the other signatories of this letter to request critical information from the USDA that could benefit animals, farm workers, and producers alike,” said Alicia Prygoski, Strategic Legislative Affairs Manager for the Animal Legal Defense Fund.
“The widespread use of ventilation shutdown to kill birds by inducing heat stroke has become an enormous animal welfare problem given the high degree of suffering involved. Producers and the USDA have a responsibility to be better prepared for future disease outbreaks and to ensure that more humane and effective methods are used when depopulation is unavoidable. We are grateful to Congresswoman Brownley and to the many Members of Congress who joined this bipartisan effort,” said Dena Jones, Farmed Animal Program Director for the Animal Welfare Institute.
“USDA must do everything possible to minimize the suffering of millions of birds exposed to avian influenza in inconceivably tight quarters, without relying on ventilation shut down plus heat as the default depopulation method,” said Sara Amundson, President of the Humane Society Legislative Fund. “Kudos to Representative Brownley for mobilizing this bipartisan group of colleagues to urge the agency to consider alternatives to a terribly cruel, slow death from heat stroke and hyperthermia.”
“Most Americans and thousands of veterinary professionals vehemently oppose the killing of birds in brutal ways. Yet industrial animal agriculture corporations are continuing to use the cruelest methods of depopulation during the ongoing avian flu outbreak, including sealing animals in a hot building and turning off the air, causing them to languish for hours,” said Chelsea Blink, Director of Farm Animal Legislation, ASPCA. “The ASPCA thanks Representative Brownley and her bipartisan colleagues for demanding answers from the USDA regarding their oversight of these cruel practices, and we urge Congress to ensure the next Farm Bill holds agribusinesses accountable by requiring producers to create disaster plans to help prevent the inhumane killing of millions of animals during future outbreaks.”
In addition to Brownley, the letter was signed by 29 Members of Congress including Adam B. Schiff (D-CA), Alma S. Adams, Ph.D. (D-NC), Anthony D’Esposito (R-NY), Barbara Lee (D-CA), Bill Pascrell, Jr. (D-NJ), Brian Fitzpatrick (R-PA), Dan Goldman (D-NY), David J. Trone (D-MD), Dina Titus (D-NV), Earl Blumenauer (D-OR), James P. McGovern (D-MA), Jared Huffman (D-CA), Jason Crow (D-CO), Jerrold Nadler (D-NY), Josh Gottheimer (D-NJ), Judy Chu (D-CA), Katie Porter (D-CA), Linda T. Sánchez (D-CA), Madeleine Dean (D-PA), Mike Quigley (D-IL), Nicole Malliotakis (R-NY), Norma J. Torres (D-CA), Ro Khanna (D-CA), Salud Carbajal (D-CA), Sheila Jackson Lee (D-TX), Stephen F. Lynch (D-MA), Steve Cohen (D-TN), Troy E. Nehls (R-TX), and Veronica Escobar (D-TX).
The full text of the letter can be found here and below.
The Honorable Thomas J. Vilsack
Secretary of Agriculture
U.S. Department of Agriculture
1400 Independence Avenue, SW
Washington, DC 20250
The Honorable Michael Watson
Administrator of the Animal and Plant Health Inspection Service
U.S. Department of Agriculture
1400 Independence Avenue, SW
Washington, DC 20250
The Honorable Rosemary Sifford
Deputy Administrator of Veterinary Services and Chief Veterinary Officer
U.S. Department of Agriculture
1400 Independence Avenue, SW
Washington, DC 20250
Dear Secretary Vilsack, Administrator Watson, and Deputy Administrator Sifford:
We are writing to you regarding the ongoing and widespread outbreak of highly pathogenic avian influenza (HPAI) – which has taken a historically significant toll in the United States, both from an economic perspective and on the animals themselves – and the USDA’s oversight of depopulation methods used to kill the affected birds.
We are concerned with reports and analysis indicating that the use of Ventilation Shutdown Plus Heat (VSD+ Heat) has become the default method for depopulations during this outbreak, despite the serious welfare implications involved. Analysis by the Animal Welfare Institute of USDA records from February 2022 to July 2023 indicates that an extremely high percentage of birds (over 83%) were killed in depopulation events that used VSD+ Heat as their sole depopulation method (13.6 million birds) or as one of multiple depopulation methods employed (35.4 million birds).
VSD+ Heat kills animals by inducing heatstroke and leads to prolonged suffering. Our understanding of current USDA policy is that this method should only be employed when more humane alternatives are not feasible. To that end, we request information to better understand how the USDA is contending with the current HPAI outbreak and how the department foresees preparing for future outbreaks so that the USDA, state agencies, and the industry itself are better equipped to more humanely depopulate animals during a crisis. We would appreciate responses to the following questions, as well as the department’s insights into any of the issues and concerns raised:
- We have heard the USDA recently withdrew funding for high expansion nitrogen foam research because the method is not “AVMA approved”; however, the American Veterinary Medical Association is currently updating its depopulation guidelines to include this method, and it is already discussed in detail in similar but more comprehensive guidelines in the European Union for depopulation of poultry and pigs. Further, the AVMA approves both foaming and nitrogen gassing, two methods which are the basis for high expansion nitrogen foam. What is the USDA doing to promote research and field testing of more humane methods of depopulation, such as whole house gassing with nitrogen and high expansion nitrogen gas-filled foam?
- How is the USDA using indemnity and compensation to encourage industrial operations to prepare for HPAI by sourcing equipment and contracting suppliers needed for rapid deployment of more humane depopulation methods?
- What are the Animal and Plant Health Inspection Service’s plans to ensure emergency access to carbon dioxide (CO2), particularly in the face of a CO2 shortage, as needed for the “preferred” methods of containerized gassing, partial house gassing, and whole house gassing with CO2? Is the USDA looking into inert gases (nitrogen and argon), which are more readily accessible and humane?
- Similarly, what is APHIS doing to ensure that personnel conducting depopulations are appropriately trained in the use of whole house or partial house gassing, particularly given that lack of training is sometimes raised as justification for use of less humane methods? How is USDA evaluating the psychological impact of using inhumane methods (including water-based foam and VSD+) on the well-being of the veterinarians, producers and other responders who deploy these methods?
- What is the status of HPAI vaccination research and policy? What would be a timeline for renegotiating trade agreements to permit U.S. egg and poultry industries to start using vaccinations? What is the USDA’s assessment on ability to meet diagnostic demands associated with HPAI surveillance in vaccinated birds?
- How does APHIS plan to address the issues raised in the petition for rulemaking submitted to the agency by the Animal Welfare Institute in June 2023,3 requesting APHIS amend regulations pertaining to Highly Pathogenic Avian Influenza; Conditions for Payment (9 C.F.R. § 53.11) to require an audited response action plan as an additional condition for payment of indemnity claims?
- How does the USDA plan to address recommendations by the Scientific Task Force on Avian Influenza and Wild Birds, co-convened by the Food and Agriculture Organization (FAO) and the Convention on the Conservation of Migratory Species (CMS),4 such as reforming poultry production systems and reducing the density of commercial poultry farms in densely populated poultry areas?
- We also request that the USDA provide data regarding the application of secondary methods when VSD+ is used, including how long it takes after VSD+ is used before all survivors can be killed with a secondary method.
- Since the 2019 version of the AVMA Guidelines for the Depopulation of Animals was issued, the science on humane depopulation methods has advanced, and this will be incorporated into the new Guidelines. How will USDA prepare to implement the updated guidance, which may include new methods and require advanced planning and stockpiling new equipment?
We recognize that the USDA is charged with an enormous responsibility in effectively mitigating animal disease outbreaks and does not take lightly the significant animal losses involved (an estimated 80 million birds during the current HPAI outbreak alone). We look forward to receiving this information from the USDA and appreciate your attention to this critical matter.
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Issues: 118th Congress, Agriculture, Animal Welfare