NEW YORK CITY — (Feb. 26, 2025) Compassion in World Farming (CIWF) is expressing serious misgivings over New York State's newly announced regulations requiring testing of poultry entering live animal markets, following the outbreak of Highly Pathogenic Avian Influenza (HPAI). While CIWF acknowledges the step toward increased biosecurity, the broader issues remain unaddressed — the ability to enforce the new rules, and the risk of the virus evolving within the markets themselves.

A major concern with the new regulations is the lack of clarity and assurance around enforcement. Given the absence of similar measures before the positive test results, questions remain about the state’s ability to monitor and enforce the new requirements effectively. Without proper oversight, implementing these regulations remains insufficient, leaving New Yorkers vulnerable to continued risks. Mandating testing without an enforcement mechanism does little to mitigate the underlying dangers and may ultimately fail to protect both animal and human health.

“The fact that these new requirements were not in place before the positive test results raise serious concerns about the state’s preparedness and oversight,” says Matthew Dominguez, US Director at Compassion in World Farming. “The decision to return birds to the markets without a thorough, transparent discussion about the associated risks is a failure in the state’s responsibility to safeguard the health and well-being of New Yorkers. More comprehensive measures must be implemented and enforced to truly mitigate the potential dangers.”

Live animal markets are often overcrowded and unsanitary, creating the perfect breeding ground for zoonotic diseases like HPAI. These conditions are not only needlessly cruel to birds, but they also pose a significant threat to public health. The greatest danger lies in the potential for gene swapping and viral evolution, which could create new, more dangerous strains of HPAI.

“While the newly mandated testing of poultry entering live animal markets is a positive step, the greatest risk remains within the markets themselves,” says Dr. Hillary Dalton, Senior Research Scientist at Compassion in World Farming. “These overcrowded and stressful environments that mix different species create the perfect conditions for the virus to evolve. The issue isn’t just about preventing the virus from entering the markets—it’s about addressing the risks the live markets create.”

CIWF is urging Governor Kathy Hochul to take stronger action, including reinstating the hold on live animal markets, to address the root causes of viral spread and ensure the health of both animals and people. The organization continues to advocate for a comprehensive review of the risks posed by these markets and the immediate implementation of more effective biosecurity measures.

About Compassion in World Farming: 

Compassion in World Farming is the leading international farm animal welfare charity, campaigning to improve the lives of millions of farm animals through advocacy, lobbying for legislative change, and positive engagement with the global food industry. Our established international Food Business program aims to achieve a holistic approach to sustainable food production by driving transformational change for farm animals, reducing our reliance on animal-sourced foods, and moving the food industry towards more regenerative, nature-friendly farming. To find more about Compassion in World Farming or join the movement, visit: ciwf.com and follow us on Twitter, Instagram, TikTok and Facebook.   

For more information, please contact:

Alex Cragun, Head of Strategic Communication and Initiatives, alex.cragun@ciwf.org, 801-759-6455