The Horse Protection Act, passed in 1970, is in need of a thorough review. It was intended to end soring, a practice that has been all too common with Tennessee Walking Horses and a few other breeds.
A fatal error enabled the industry to police itself by training its own inspectors to examine horses for soring at shows and sales. Is it a surprise that this system has been replete with conflicts of interest?
The U.S. Department of Agriculture revealed that from 2018-2020, USDA inspectors found violations at a 403 percent rate higher than industry inspectors, who obviously turned a blind eye to soring.
In response to a 2010 audit report by the USDA Inspector General that called the self-policing scheme a failure and said it should be abolished, the agency pledged to replace industry self-policing with a team of USDA-licensed and trained inspectors and announced final regulations to do so in 2017.
These regulations were withdrawn by a new administration. USDA was sued by the Humane Society of the U.S., arguing that the agency failed to undertake the proper procedures for withdrawing a rule that had been finalized. The federal Court of Appeals for the D.C. Circuit agreed, meaning that the USDA must take action to fix its error.
So USDA is again proposing to amend its regulations by eliminating the industry-run enforcement system, and instead is assigning sole responsibility to its Animal and Plant Health Inspection Service to screen, train and authorize inspectors. The agency also proposes to disallow the use of devices and substances that are integral to soring, and to make other needed reforms. This step would reaffirm the federal government’s commitment to preventing the cruel practice of soring.
Ending horse soring is broadly supported by Congress. The Prevent All Soring Tactics (PAST) Act would codify key elements of the 2017 HPA rule, including eliminating the failed industry self-policing system and use of devices integral to soring.
The legislation has twice been passed by an overwhelming bipartisan majority in the House and has been consistently co-sponsored by a majority of the Senate going back to 2014. Since the USDA itself could accomplish much of what the PAST Act aims to achieve, Congress has also expressed support for upgraded regulations, through appropriations language calling for the swift proposal, finalization and publication of the new final rule.
A new HPA rule is on the horizon with provisions of the 2017 rule included. Specifically, this includes the prohibition of the use of action devices on any Tennessee walking or racking horse, and an end to the industry self-policing system.
HSUS hopes the final rule expands the prohibition on action devices, to include weighted shoes for Tennessee walking and racking horses of all ages and expands the ban on the use of all prohibited devices to include Spotted Saddle Horses, who are also victims of soring.
There is no excuse for this practice. Let’s hope we’ll see the end of it soon.