Amendments to the federal Horse Protection Act have been postponed from Feb. 1 to April 2, as the American Horse Council had requested due to the equine community’s concern about the U.S. Department of Agriculture’s definition of soring, “which seems to significantly expand the scope beyond the original intent.”
The USDA’s Animal and Plant Health Information Service “needs to refocus its efforts to scale the final rule to what Congress intended, and not adopt interpretations that exceed the agency’s authority,” according to the Council. The decision provides additional time for the agency to answer and clarify “several troubling provisions in the regulation as it applies to certain disciplines, inspector training, and reporting requirements,” according to the AHC.
Could the delay announced Friday be linked to a memorandum, Regulatory Freeze Pending Review, under which President Trump ordered all executive departments and agencies not to propose any rule or directive until a department head reviews and approves it? AHC had contacted the new administration’s transition team about its concerns in regard to the amendment and requested the postponement.
The HPA prohibits sored horses from participating in shows, exhibitions, sales, or auctions. The Act, which also bans the transportation of sored horses to or from any of these events, was aimed primarily at Tennessee Walking horses and other racking breeds where soring is part of the culture. But the amendments, now delayed, would have affected many other breeds and disciplines, with a few exceptions, including horse racing, eventing cross-country and rodeo, because they involve speed and soring gives no advantage there.
The amendments would provide, among other things, that the agency will screen, train, and authorize qualified persons for appointment by the management of any horse show, horse exhibition, or horse sale or auction to detect and diagnose soring at such events for the purposes of enforcing the HPA. With the exception of a section that took effect on June 7, 2024, authorizing the training of horse protection inspectors, the remainder of the rule was scheduled to go into effect next month. APHIS will issue guidance to stakeholders for the upcoming horse show season in light of the postponement of the new rule.
“The AHC looks forward to working with the administration to support all reasonable regulations for the full and fair enforcement of the Horse Protection Act’s prohibition against the soring of horses,” the Horse Council stated.
In the age of Social License to Operate, some equestrians are nervous about how expansion of the HPA would affect competitions and horse sales. Others haven’t even heard about revised regulations, because there has been little publicity. But any time the government gets involved with sport, it raises questions.
As U.S. Equestrian Federation CEO Bill Moroney pointed out, even the original act covered soring in all types of horses, though equestrians involved with other breeds may not have realized it.
The amended act was so broad-ranging that it has “really raised everyone’s attention” about regulation of all “covered breeds” at “covered events.”
The USEF issued a press release in October that included information about the regulations, but Moroney thinks many people may not have read it. Like the American Horse Council, the federation has been proactive in dealing with the amendments.
A national association representing the horse industry in Washington, D.C., AHC has a variety of member organizations including USEF. the American Quarter Horse Association, the American Paint Horse Association and many others.
Prior to announcement of the delay, AHC President Julie Broadway said her organization was reconsidering its support of the revised regulations, noting USDA was “not cooperating,” as the council tried to get things clarified “and make certain we are comfortable with what they are trying to do.”
There’s not as much overreach in the old regulations as the new regulations, Broadway observed. Earlier this month, she called it “just an absolute mess.”
She said some show organizers were “really frustrated, really anxious. They’re calling us and asking us, `What do we do?’” She suggested the shows just go ahead and notify USDA’s Animal and Plant Health Information Service as required that organizers will be holding their events. Broadway noted APHIS hasn’t gotten more money or personnel to enforce the act, and that the concentration remains on Tennessee Walking Horses.
“So the chances of them coming to a quarter horse show near you are really, really slim.”
USEF is handling notification of APHIS for all of its licensed competitions, which means their managers don’t have to deal with it. Concerns have been raised about other facets of the regulations, including the requirement that Horse Protection Inspectors have free access to show records, sale records, event information, barns, tack rooms, horse trailers, stables, stalls, arenas, and other areas on the showgrounds.
That sounds ominous, but Moroney’s conclusions are similar to those reached by Broadway. He maintained, “The immediate reaction has to be measured against the reality of the resources of the USDA/APHIS with regard to enforcement of the act. They have a limited budget and historically have gone to about 50 events a year.”
USEF has 2,100 licensed competitions (none of which are walking horse shows), and there are thousands more shows connected with other equestrian organizations across the country.
“There is no way for them to get everywhere,” said Moroney of the inspectors.
“They have historically gone to places where they feel this action is happening; the propensity to sore horses is the highest,” he said.
“We’re feeling as good as we can feel about it from a USEF perspective, because we have rules and regulations. We have a regulatory system that will penalize people for doing things outside the rules. We have a system of stewards, technical delegates, judges etc. where horses have a level of oversight over them.
“Do the right thing and you won’t have to call on regulation at the end of the day. The best way for something to not affect you is to do the right thing.”
Derek Braun, who runs the Split Rock Show Jumping Tour, wasn’t worried about the expanded regulations.
He said he needs to look into them further for the details, but noted the provision that horses should be examined before they go in the ring and after they leave sounds to him like FEI (international equestrian federation) requirements.
If they have their own people coming in and inspecting, he continued, “that would be a little more concerning,” but he thinks inspection similar to what is done for FEI horses would be okay, “as long as it’s used for a good reason.”
Braun added, “I think the intention is probably correct for extreme circumstances. I think it’s no problem holding these trainers and exhibitors accountable if there is an extreme circumstance. While that’s what the show stewards, “are there for,” as far as having an inspector also take a look, “I can’t see that as a bad thing if it’s warranted.”
Joe Norick, the HITS’ show series chief customer officer, said that self-policing means “if we see something that looks inappropriate, we’ll bring it up.”
He added, “I think you have to employ good staff at the show, people that are educated, from the horse show vet on down. Depending on who these individual (inspectors) are and how they are coming to look at this, education is a big factor. That’s why a strong steward, horse show vet or manager is going to have take the lead, to be proactive on this. I also do think we have to think of the care, the quality of the barns, that’s why we have enough emphasis that horse care is a good place to start. I think we’re going to be fine.”
Meanwhile, the Western Justice Legislative Fund took an aggressive stance against the revised HPA with a petition drive. It cites many concerns, contending animal rights extremists are “seeking to expand the definition of `soring’ to encompass as much of the horse industry as possible. The recent revisions to the law are the result. The lead USDA veterinarian, Dr. Aaron Rhyner, even went so far as to say that he could see how just riding a horse could be considered to be a type of soring.”
Texas Commissioner of Agriculture Sid Miller is another voice against the revised HPA. He maintains, “This rule isn’t about protecting horses; it’s about federal bureaucrats grabbing more control over an industry they clearly don’t understand. The United States Department of Agriculture’s new rule is so absurd that it makes using fly spray on a horse a potential violation. That’s not a joke—they can’t be serious!”
The Federal Rule for the Act specifically states “soring” is defined as:
- An irritating or blistering agent applied, internally or externally, by a person to any limb of a horse;
- Any burn, cut, or laceration inflicted by a person on any limb of a horse;
- Any tack, nail, screw, or chemical agent injected by a person into or used by a person on any limb of a horse; or
- Any other substance or device used by a person on any limb of a horse, or a person has engaged in a practice involving a horse and as a result of such application, infliction, injection, use, or practice, such horse suffers, or can reasonably be expected to suffer, physical pain or distress, inflammation, or lameness when walking, trotting, or otherwise moving, except that such term does not include such an application, infliction, injection, use, or practice in connection with the therapeutic treatment of a horse by or under the supervision of a person licensed to practice veterinary medicine in the State in which such treatment is given.
click here to read about the revised HPA from the Federal Register prior to the postponement.