As government agencies prepare for a possible shutdown, questions about the government's response to a potentially escalating H5N1 avian flu pandemic are top of mind for many public health and agriculture officials.
Inquiries to the U.S. Department of Agriculture, which oversees the dairy industry and the new National Milk Testing Strategy — a program launched last week that, when fully implemented, will test the nation's milk supply for the H5N1 virus — went unanswered. Questions to the Centers for Disease Control and Prevention were referred to Human Health Services, which also went unanswered.
“A government shutdown is unnecessary and puts a strain on our public health system at a time when it is important to monitor and respond to growing public health threats,” said Rep. Ami Bera (D-Sacramento).
Bera said that while he expects key CDC and Food and Drug Administration personnel will be retained to monitor the outbreak, “those agencies will not be operating at full capacity.” There should be no unnecessary obstacles to a comprehensive federal response -, state and local levels to address this growing public health problem.”
With much of the H5N1 response being coordinated at the county and state levels, many aspects of the outbreak response will continue – including on-site surveillance, testing and reporting.
At a news conference Friday, California State Epidemiologist Erica Pan and State Veterinarian Annette Jones said they expect the vast majority of their colleagues in the federal government to continue to provide support and assistance.
“Our CDC colleagues have determined that they are … activated to respond and that they would continue to respond even if there were a federal shutdown,” Pan said.
Jones said that in previous closures, USDA veterinarians and “other specialists” were exempt, “so we anticipate and hope that they will be similarly exempt this time.”
However, there could be problems.
“A federal shutdown could slow the ability to confirm H5N1 cases, obtain and report genomic surveillance data, and update it to other national and international partners,” said Rick Bright, a virologist and former head of the U.S. Biomedical Advanced Research and Development Agency . “In most shutdowns, there are a handful of key employees who still need to come to work. However, these are predominantly senior managers and not general laboratory employees.”
Bright said the health and social care secretary has “some discretion in setting priorities that must continue, although this is normally exercised in a declared emergency.”
While Gov. Gavin Newsom has declared an avian flu emergency for California, the U.S. government has not.
Bright said state governments and agencies will likely continue to collect milk samples, “but the samples sent to the USDA for testing will not be processed until the government reopens.”
Bryan Richards, emerging diseases coordinator at the US Geological Survey National Wildlife Health Center said in an email Thursday that National Animal Health Laboratory Network laboratories, such as the one that tests milk at UC Davis, are typically run by universities and therefore will likely remain operational.
However, it is unclear whether the National Veterinary Surveillance Laboratory in Ames, Iowa, where confirmatory testing for bird flu in animals is currently being conducted, will remain open.
It's also unclear whether the USDA's Animal and Plant Health Inspection Service will remain open and, if so, how many people might be employed there, Richards said. “I assume they are closed except for a few 'critical' positions.”
No information was shared about the fate of the communications staff of these agencies. Currently, the USDA and CDC are informing the public about the outbreak, including an ongoing count of the number of people, dairy herds, commercial poultry flocks, wildlife and birds that have tested positive for the disease.
On Friday, the CDC reported that 61 people had been infected with the virus in 2024. The USDA Animal Inspection Service reported 875 dairy herds in 16 states were infected, including 659 in California.
California was a hot area for the H5N1 outbreak, where the vast majority of infected cattle herds and more than half of the people contracted the virus. Here, three raw milk producers have also been quarantined and face recalls, and every wastewater system has been tested by WastewaterScan — an infectious disease surveillance network led by researchers at Stanford and Emory University with lab testing partner Verily, Alphabet Inc. Life sciences organization — has shown a positive effect on the virus in recent weeks.
WastewaterScan samples from 29 locations across the state, including San Francisco, Los Angeles, San Jose and San Diego. There are big gaps in the Central Valley, although one site in Turlock – where there are several dairy processing plants – has seen positive results since August.
A 2024 USDA Government Shutdown “Contingency Plan” states that there are “exempt” activities that would not be affected by a funding freeze. This includes “emergencies where suspension of function would imminently jeopardize the safety of human life or the protection of property.”
It is unclear whether the federal government considers infection with H5N1 bird flu in domestic and wild animals to be an “emergency.”
A similar one CDC emergency plan is more detailed, but still unclear, regarding bird flu surveillance, testing and investigations.
According to the document, the agency will continue to respond to “public health emergencies and natural disasters,” manage high-risk recalls, conduct criminal enforcement actions and civil investigations related to imminent threats to human life…conduct proper inspections of regulated facilities, monitor reports of adverse events for problems that could lead to human harm and, if necessary, other critical activities that support the immediate safety of human life. “
Additionally, the document states that staff should continue to address “other critical public health challenges, including drug shortages and outbreaks related to foodborne illnesses and infectious diseases.”
The document says more than 40,000 employees are expected to be furloughed, while nearly 50,000 will continue to work.