MMA Blog

Forever Chemical Contamination: Mitigating Risk of an Emerging Issue

The presence of forever chemicals in dairy operations is a pressing issue. With increases in monitoring, consumer health concerns and litigation, dairies are starting to implement mitigation strategies.

Forever chemicals, or per-and polyfluoroalkyl substances commonly known as PFAS, are a family of thousands of man-made chemicals with applications across many industries. Characterized by a carbon-fluorine bond, they are termed “forever chemicals” for their highly resistant and long-lasting properties.

PFAS in livestock is a permanent condition. Once contaminated, there is no remedy.

While the use of PFAS is widespread, recent retail testing of meat and fluid-pasteurized milk has increased scrutiny of the dairy industry. State environmental agencies in Maine, Michigan, New Mexico and others are conducting PFAS testing at dairies directly and have forced contaminated dairies to pull products from shelves and, in some cases, cease operations.

Sources of contamination

The majority of PFAS contamination at dairies comes from livestock exposure to contaminated water and feed. The spreading of biosolids as fertilizer is thought to be the primary source of contamination, contributing to an estimated 20 million acres of PFAS-contaminated farmland. Plants grown on contaminated soil are then eaten by livestock or used in feed. PFAS chemicals also spread efficiently in water sources, entering the soil through industrial discharges and the breakdown of PFAS-containing products and filtering to the water table.

Potential effects of PFAS exposure

There is much we still don’t know about the full effect of PFAS on the environment, animals or the human body. While the levels of PFAS in dairy products are generally low, the cumulative exposure over time is the primary concern. Some studies have linked PFAS to liver and kidney disease, increased cholesterol levels, decreased birth rates and an increased risk of cancer.

Identified risk

As the understanding of PFAS grows, affected communities and individuals are increasingly seeking compensation through litigation. More than 15,000 PFAS lawsuits have been filed totaling $11.5 billion in awarded funds to date. These lawsuits have primarily involved manufacturers, but litigation trends are slowly shifting to include distributors and companies contributing to water contamination. Experts have recently estimated that PFAS will surpass the $200 billion paid by Big Tobacco in the 1990s.

Along with litigation risk, dairies could face cleanup costs for owning contaminated land, reputation damages and stricter regulation.

Ready to talk risk? Learn more about how we can help you today!

Mitigation and industry initiatives for forever chemicals

Many dairy farmers are implementing mitigation measures to reduce PFAS exposure by improving wastewater treatment, using alternative water and fertilizer sources, requiring testing before accepting materials and sourcing feed from areas less likely to be contaminated.

Some states are working to secure funding to aid in cleanup efforts. Environmental law firms are working to shut down frivolous lawsuits, and environmental consulting agencies are helping dairy owners understand and respond to changing regulations.

Insurance carriers are attempting to respond to and quantify their PFAS exposures. Coverage for PFAS may currently be available for locations not known to have PFAS contamination. Historical coverage may be available with Insurance Archaeology, and coverage for the future could be available through captives or other specialty products. Representation by a qualified broker is key to securing coverage.

For now, dairies are encouraged to take steps to mitigate current and future risk and consider engaging expert representation to help along the way.

Get a quote today.

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