Following the emergence of bovine influenza-H5N1, a survey was conducted that confirmed the presence of RNA of influenza H5 in commercial milk.  Fifty-eight out of 150 samples representing the pooled production of ten states yielded evidence of infection. Expectedly no viable virus was detected since any virus present in raw milk would have been inactivated by pasteurization. 

The situation with raw milk is, however, questionable since transmission from infected dairy cows to consumers is possible.  The H5N1 virus that evolved in migratory waterfowl and marine birds has adapted to mammalian hosts including marine mammals, scavenging terrestrial animals, farmed mink and now dairy goats and cows.  Obviously in the case of marine mammals, captive mink and dairy herds, animal-to-animal transmission is occurring.  Although distribution and consumption of raw milk is limited, recent legislation in many states based on the libertarian principle of “freedom to be infected” will increase consumption of an infected food product. A potentially infectious virus is now added to the risk of known bacterial infections, including  listeriosis, salmonellosis, STEC colibacillosis and campylobacteriosis.

The FDA is currently evaluating milk from a large national sample and will release the results in the “next few days to weeks”.  The National Milk Producers Federation noted, “As this situation continues to evolve, our dairy organizations try to discourage the consumption of raw milk and recommend that all raw milk and raw milk components be heat treated to a temperature and for a duration that kills harmful pathogenic bacteria and other microorganisms including bovine influenza virus.” The position of this commentator is that supplying raw milk to children is a form of abuse.