Governor Kathy Hochul today announced that, as part of New York State’s continued effort to combat the spread of highly pathogenic avian influenza (HPAI), the Department of Agriculture and Markets (AGM) has issued a new Notice and Order for live bird markets that have not had a detection of HPAI in New York City and Westchester, Suffolk, and Nassau counties. The order requires those markets to sell down all inventory, complete cleaning and disinfection procedures, and remain closed for a period of five days after cleaning and disinfection. In addition, the Notice and Order further outlines quarantine and depopulation procedures for markets that have confirmed detections of HPAI. This Notice and Order follows seven detections of HPAI in markets in Queens, the Bronx, and Brooklyn during routine surveillance conducted by AGM since January 31, 2025. The State reminds farmers to follow good biosecurity measures and emphasizes that the risk to humans remains low.
“Safeguarding public health is all about being proactive, and New York State is continuing our coordinated effort to monitor for the Avian Influenza,” Governor Hochul said. “My top priority will always be to keep New Yorkers safe, and I have directed our state agencies to use all available resources to ensure we are taking every measure necessary to keep the risk to the public low. We will continue to take these measured, common sense steps that will curb the spread of bird flu and ultimately protect our communities.”
New York State Agriculture Commissioner Richard A. Ball said, “We’re continuing to work hard with our partners to combat the spread of HPAI in New York. Today, I signed a Notice and Order requiring that live bird markets in New York City and the surrounding areas close for cleaning and disinfection, even if they haven’t yet had a detection of HPAI in their market. Following seven detections of HPAI in live bird markets in the last week, this Notice and Order is a commonsense measure aimed at getting ahead of the virus, rather than chasing it. We’re working with USDA and other partners to make sure that we can minimize the economic impact to these markets, and we very much appreciate the markets’ cooperation and assistance in protecting public and animal health.”
New York State Health Commissioner Dr. James McDonald said, “While there is no immediate threat to public health and no known cases of HPAIin humans in New York State, we support the Department of Agriculture and Markets’ latest proactive measures to prevent the spread of the disease between animals and humans by temporarily closing live bird markets in New York City and surrounding counties. Those who have regular contact with livestock and wild birds should safeguard their health by wearing personal protective equipment when in contact with these animals. We will remain vigilant in working with our state and local partners to monitor for detections and reduce any potential risks to public health and safety.”
New York State Department of Environmental Conservation Interim Commissioner Sean Mahar said, “Through Governor Hochul’s leadership, New York State is acting aggressively to monitor for and advance actions to reduce the spread of Highly Pathogenic Avian Influenza. DEC remains committed to working comprehensively with our state and federal partners to respond to HPAI and encourages New Yorkers to use our new web-based tool to report suspected HPAI outbreaks in wildlife, and follow proper precautions when handling deceased wildlife. Visit DEC’s website for additional information on safe wildlife handling and proper disposal techniques.”
New York City Health Department Acting Commissioner Michelle Morse said, “The current risk to New Yorkers of bird flu (H5N1) remains low. Avian influenza viruses only present a wider risk if the virus develops the ability to transmit between people – which we have not seen. The NYC Health Department will continue to work closely with the NYS Department of Agriculture and NYS Department of Health to ensure that Live Bird Market staff receive essential information and, if symptoms present themselves, receive any treatment they may need. We are prepared to respond to any disease outbreak, including quickly ramping up testing and treatment, and working closely with providers and community partners to rapidly disseminate messaging.”
HPAI is a contagious viral disease that is known to be deadly to domestic poultry and has been transmitted within and between farms and live bird markets. The temporary shutdown mandated by the Notice and Order is necessary and essential to ensuring a break in HPAI virus transmission within the impacted markets. While AGM’s routine surveillance is effective, after finding seven detections of HPAI in live bird markets within the last week, the temporary shutdown ensures that the State can get ahead of any additional opportunities for transmission of the virus within the markets at the current time. A uniform market closure for a five-day period addresses the persistence and circulation of the virus within the markets by quickly reducing the virus prevalence to zero percent.
Effective immediately, the Notice and Order requires that:
- No poultry shall be delivered to live bird markets or distributors covered by the Order from February 7, 2025 through February 14, 2025.
- Any market that harbors birds exhibiting clinical signs of HPAI must contact the Department of Agriculture and Markets immediately to undergo investigation and testing.
- Markets that test positive for HPAI shall be depopulated; undergo cleaning and disinfection and be empty of birds for five days, at a minimum; and shall remain closed until the market passes cleaning and disinfection inspection by an AGM animal health inspector.
- All unaffected live bird markets in New York City and Westchester, Suffolk, and Nassau counties must sell down all inventory for a period of three days beginning on February 7, 2025; complete cleaning and disinfection procedures; and subsequently close for a period of five days following cleaning and disinfection. These markets must pass a cleaning and disinfection inspection by an AGM animal health inspector before reopening.
Cleaning and disinfection includes the removal of all organic debris from all equipment, caging, flooring, etc.; and requires that all surfaces be cleaned with soap or detergent, rinsed with water, and saturated with a disinfectant appropriate for killing the avian influenza virus, in accordance with the manufacturer’s label.
USDA provides indemnity and compensation for losses incurred following a confirmed detection of HPAI on a premise.
State Senator Michelle Hinchey said, “This proactive decision by NYS Agriculture and Markets to temporarily close at-risk poultry markets as a precaution against avian flu is a difficult yet necessary step to curb the spread of this highly contagious disease. New York benefits immensely from having one of the country’s top Animal Diagnostic Labs at Cornell University, which will play a critical role in limiting further spread and reducing disruptions for both farmers and businesses. We are committed to ensuring that the lab has the necessary resources to quickly respond to this and any other pathogen-based threats that may emerge.”
Assemblymember Donna Lupardo said, “After detecting avian flu at seven live bird markets across NYS, the decision was made to temporarily close these markets. Proactive measures, while concerning to businesses and consumers alike, are necessary to help prevent the spread of a virus that has devastated poultry farms across the country. We are fortunate in NYS to have one of the country’s premier Animal Diagnostic Labs at Cornell University whose expertise will be invaluable as we navigate these waters.”
HPAI in Poultry
At Governor Hochul’s direction, AGM, DOH, and DEC continue to collaborate closely on proactive measures to prevent the spread of HPAI and facilitate early detection, as the risk to humans remains low. The New York State Department of Health is also reminding the public that the finding of HPAI in this market does not present an immediate public health concern. Individuals working in the markets will be assessed for potential high-risk exposure and be monitored for symptoms by the New York City Department of Health and Mental Hygiene accordingly. If any become ill, they will be evaluated for infection with avian influenza. Since the start of 2024, there have been 67 human cases of avian influenza in the United States, and none of these have been in New York State.
AGM encourages those involved in poultry production to take extra steps to prevent their flocks from becoming infected. All poultry producers, from small backyard to large commercial operations, should review their biosecurity plans and take precautions to protect their birds. Poultry biosecurity materials and checklists can be found on the USDA’s “Defend the Flock” website.
In addition to practicing good biosecurity, poultry owners should keep their birds away from wild ducks and geese and their droppings. Outdoor access for poultry should be limited at this time, particularly as the State continues to see HPAI detections in wild bird populations.
To report sick birds, unexplained high number of deaths, or sudden drop in egg production, please contact AGM’s Division of Animal Industry at (518) 457-3502 or the USDA at (866) 536-7593.
HPAI in Dairy Cattle
In January, AGM announced that it is implementing new testing initiatives on dairy farms as part of its aggressive, proactive response to the outbreak of HPAI in livestock in other states. Working in close collaboration with federal partners, including USDA’s Animal and Plant Health Inspection Service, FDA, and the National Association of State Departments of Agriculture, and State partners, including DOH, this enhanced testing strategy is part of the State’s effort to protect animal and human health and prevent the transmission of HPAI in livestock in New York State. While there have been no detections of HPAI in livestock in New York to date, the State's comprehensive approach is aimed at ensuring the state remains free of HPAI and facilitating early detection.
In addition to the new testing initiative, New York State has taken multiple preventative measures to prevent the spread of HPAI and protect animal and human health since the first detection of HPAI in dairy cattle in Texas in March 2024. In April, June, and August 2024, the Department issued orders on import requirements for dairy cattle coming into New York as well as testing requirements for lactating dairy cattle entering fairs or exhibitions. These orders continue to remain in place until further notice.
USDA offers several producer support programs that are available to all dairy producers as well as certain programs only available to dairy producers with HPAI-positive herds. These programs include tools to support biosecurity planning and implementation as well as financial support programs to offset costs associated with HPAI testing, veterinary expenses, personal protective equipment purchases, milk disposal, and milk losses.