The U.S. Department of Agriculture (USDA) will begin accepting applications starting Monday, July 1, through its updated Emergency Assistance for Livestock, Honeybees, and Farm-raised Fish Program (ELAP). This initiative aims to provide financial assistance to eligible dairy producers who incur milk losses due to Highly Pathogenic Avian Influenza (H5N1) infections in their herds. The USDA’s Farm Service Agency (FSA) has expanded ELAP through rule-making to assist with financial losses resulting from reduced milk production when cattle are removed from commercial milking in herds with a confirmed positive H5N1 test. Positive test results must be confirmed through the USDA’s Animal and Plant Health Inspection Service (APHIS) National Veterinary Services Laboratories (NVSL).
ELAP provides emergency relief to eligible producers of livestock, honeybees, and farm-raised fish to assist with losses due to disease, adverse weather, or other conditions, such as wildfires, that are not covered by other FSA disaster assistance programs.
H5N1 infections have been detected in 12 states, including Colorado, Idaho, Iowa, Kansas, Michigan, Minnesota, North Carolina, New Mexico, Ohio, South Dakota, Texas, and Wyoming. Dairy producers in all states are reminded to stay vigilant and follow established APHIS biosecurity, detection, and testing guidelines. In addition to testing, enhanced biosecurity is critical to containing this virus. The USDA works closely with state animal health officials, producers, and industry organizations to provide guidance and resources for cleaning and disinfection on affected farms and all livestock producers practicing good biosecurity. APHIS has made available several biosecurity documents on its landing page.
ELAP Eligibility
Eligible adult dairy cattle must be:
- Part of a herd that has a confirmed positive H5N1 test from NVSL.
- Initially removed from commercial milk production at some point during the 14 days before the sample collection date for the positive H5N1 test through 120 days after the sample collection date for the positive H5N1 test.
- Milk-producing and currently lactating.
- Maintained for commercial milk production, where the producer has a financial risk, on the beginning date of the eligible loss condition.
Applying for ELAP Assistance
To apply, producers need to submit the following to FSA:
- Proof of herd infection through a confirmed positive H5N1 test (based on USDA’s APHIS H5N1 case definition) on individual animal or bulk tank samples confirmed by NVSL.
- A notice of loss indicating the date when the loss is apparent, which is the sample collection date for the positive H5N1 test.
- An application for payment certifying the number of eligible adult dairy cows, the month the cows were removed from production, and the producer’s share in the milk production.
The final date to file a notice of loss and application for payment for eligible losses is 30 days after the end of the prior calendar year, which is January 30.
Calculating ELAP Payments
The per cow milk loss payment due to H5N1 will be determined based on an expected 21-day period of no milk production when a cow is removed from the milking herd, followed by seven days when the cow has returned to milking but produces 50% of the normal amount of production.
ELAP payments are determined using a per-head payment rate calculated based on the monthly all-milk price and national milk production published by the National Agricultural Statistics Service and a standard number of days with reduced or no production — (per head payment rate x number of eligible adult dairy cows x producer’s share in milk production x 90%).
To apply, producers should contact the FSA at their local USDA Service Center.
