Farms in California affected by High Pathogen Avian Influenza (HPAI) may be eligible for relief payments available through USDA’s Farm Service Agency via the Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program (ELAP).

According to estimates provided by Ever.Ag, USDA’s formulas could provide California dairy producers with as much as $375 per eligible cow for August and $386 per eligible cow for September. Estimates for October are forthcoming.

The formula calculates milk loss based on a 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. USDA uses the monthly All Milk Price, national milk production figures and a 90% adjustor to determine the per cow rate.

Here’s how producers qualify and apply for coverage:

• Eligible producers must have had reduced milk production as a result of removal of adult dairy cows from the milking herd due to H5N1 infection.
• Producers apply to receive ELAP assistance at local FSA service centers. Producers have until January 30, 2025, to file applications for the 2024 program year.
• Applications must include:
• Proof of herd infection through a confirmed positive H5N1 test on individual animals or bulk tank samples confirmed by APHIS
• 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 removed from production, the month the cows were removed from production, and the producer’s share in the milk production.
• Producers must be prepared to provide current and prior year milk production records and herd inventory records if requested by FSA.
•  Eligible adult dairy cattle must be:
• Part of a herd that has a confirmed positive H5N1 test from APHIS at NVSL
• Initially removed from commercial milk production during the 14-day time period prior to the sample collection date for the positive H5N1 test date through 120 days after the sample collection date for the positive H5N1 test. If a producer continues to remove cows from the herd after 120 days from the prior provided positive test, a subsequent positive test after the 120 days in required and another notice of loss and application for payment is required.
• Milk-producing, currently lactating and maintained for commercial milk on the beginning date of the eligible loss condition.

USDA materials note that the 2018 Farm Bill removed ELAP from the combined $125,000 payment limitation. The average adjusted gross income (AGI) limitation relating to limits on payments for persons or legal entities, excluding joint ventures and general partnerships, with certain levels of AGI will apply. Specifically, a person or legal entity with an AGI that exceeds $900,000 will not be eligible to receive ELAP payments. We urge producers to work with their FSA office to determine eligibility.

Head over to your local FSA office to start the application process. There is a good chance a number of these items are already on file for your dairy.