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-day time period before the sample collection date for the positive H5N1 test date through 120 days after the sample collection date for the positive H5N1 test;
• Milk-producing, currently lactating; and
• Maintained for commercial milk production, in which 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; and
• 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 Jan. 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.

Details on updated ELAP policy to provide financial assistance for milk loss due H5N1 will publish in the Federal Register on Monday, July 1.

USDA continues to work with the Food and Drug Administration, Centers for Disease Control and Prevention, and State veterinary and public health officials to investigate H5N1 among cattle. APHIS continues to provide confirmatory testing for samples from livestock as well as guidance for producers, veterinarians, and state animal health officials. Learn more at APHIS’ Highly Pathogenic Avian Influenza Detections in Livestock webpage at https://tinyurl.com/5bt9r5n7.   

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