HomeMy WebLinkAboutMemorandum Bird FluN{E,MOIIANDT]M
To: Eve A. Boutsis, City Attomey
From: Luis Figueredo
Re: Avian Influenza (Bird Flu) Concerns Related to Residential Chickens
Date: February 19,2026
Issuc
You requested a concise legal framework addressing whether the proposed fowl ordinance-
allowing a limited number of backyard chickens in residential areas-raises public health concems
related to avian influenza ("bird flu"). and whether existing health regulations address such risks.
There is a comprehensive regulatory structure already in place at the state and federal level
goveming animal disease surveillance and communicable disease response. The City's role is
limited to land use regulation and nuisance abatement-not infectious disease management.
I. State and Federal Disease Control Authoritv
Avian influenza suweillance, reporting, quarantine, and eradication authority are exercised
primarily by:
. The Florida Deparlment of Agriculture and Consumer Seruices (FDACS). The Florida Department of Health (DOH). The Centers for Disease Control and Prevention (CDC)
Chapter 585, Florida Statutes (Animal Industry)
Under Chapter 585, Florida Statutes, the Legislature has centralized livestock and poultry disease
control authority in FDACS.
In practice, if avian influenza is detected or suspected
L FDACS may designate the disease as reportable or dangerous.
2. Quarantine zones may be imposed.
3. Movement of birds may be restricted.
4. Testing may be required.
5. Infected flocks may be ordered destroyed.
6. Disposal and decontamination procedures may be mandated.
This authority applies statewide and supersedes local regulation. It does not depend upon
municipal ordinances.
A. State Authorilv Over Poultry Disease
u
B. Public Health Authorit"v
Chapter 381, Florida Statutes
Under Chapter 381, Florida Statutes, DOH retains broad authority over communicable diseases
affecting humans.
Relevant provisions include
. $381.0031 General authority to control communicable diseases
. $3 81 .003 1 5 - Authority to issue public health advisories and implement protective
measures
Issue public health guidance
Recommend protective measures
Coordinate with FDACS and federal agencies
Implement isolation or mitigation strategies if necessary
During an outbreak, FDACS coordinates with USDA and CDC to align testing, quarantine, and
reporting protocols.
II. How Agency Oversight Functions in Practice
The regulatory framework is layered:
l. Local Government (City)
. Regulates zoning, setbacks, sanitation, and nuisance conditions
. Enlorces local code provisions
. Does not regulate infectious disease
2. State Agriculture Authority (FDACS)
Operationally, if a zoonotic transmission risk arises (i.e., potential human exposure). DOH may:
The City does not administer these powers; they are exercised at the state level.
C. Federal Coordination
At the federal level:
. The CDC provides human health guidance and risk assessments.
. The U.S. Department of Agriculture (USDA), through Animal and Plant Health
Inspection Service (APHIS), oversees national poultry disease monitoring under 7 U.S.C.
$8301 et seq.
Monitors poultry disease statewide
Investigates suspected avian influenza
Orders quarantine, testing, or depopulation when required
3. State Public Hcalth Authoritl (DOH)
. Assesses and mitigates human exposure risk. Issues public health advisories
,{. Federal Agencies (CDC / USDA)
. Provide national surveillance data
. Coordinate interstate disease control
. Support eradication programs
Ifan outbreak occurs, the response mechanism is triggered through FDACS and DOH statutory
authority. Municipalities are not required to independently conduct disease surveillance or
manage virological risk.
('onclusion
The statutory framework clearly assigns disease surveillance, quarantine authority, and outbreak
response for avian influenza to state and federal agencies-not municipalities. FDACS and DOH
retain primary authority over poultry disease control and communicable disease response. and any
quarantine or public health directive issued by those agencies would supersede local provisions.
Allowing a limited number ofhens under regulated conditions does not create a new public health
regime. It operates within an existing, layered disease-control system already established by state
and federal law.
As an additional review measure, I conducted an intemet search and found no empirical evidence
that permitting four chickens per residential property meaningfully increases health risks to
residents. Public health guidance consistently indicates that the risk ofavian influenza transmission
to humans is extremely low in small, well-managed flocks. Human health risks arise primarily
from close contact with sick birds or unsanitary conditions-not from the mere legal permission
to keep a limited number of healthy hens.
For reference, CDC guidance includes:
https ://www.cdc. eov/healthy-pets/abouL/backyard-poultry.html
https ://www.cdc. eov/bird-fl u/risk-factors/index.html
https ://www.cdc. gov,6ird-fl r"r/virus-transmission/index.html