Under the USDA, the Horse Protection Act was implemented in the 1970s and covers all equine breeds and disciplines to eliminate the practice of soring horses. Soring, according to the American Humane Society, “involves the intentional infliction of pain to a horse’s legs or hooves in order to force the horse to perform an artificial, exaggerated gait. Caustic chemicals—blistering agents like mustard oil, diesel fuel and kerosene—are applied to the horse’s limbs, causing extreme pain and suffering.”
According to the revisions, the new rule will require horse show and event managers to notify the Animal and Plant Health Inspection Service at least 30 days in advance of their event either by mail or by emailing horseprotection@usda.gov. The horse show and event managers’ notification must include whether event management appointed a Horse Protection Inspector to conduct inspections, is requesting an APHIS VMO to conduct inspections, or if event management is opting for neither.
The new responsibilities detail that while appointing an HPI or requesting an APHIS VMO is not required, the event management will be liable for any horse that was shown, exhibited, auctioned, or sold while sore.
The new requirements also require those managers to provide any event updates 15 days in advance of the event and report any violations of the Horse Protection Act. Horse shows are defined under HPA as a public display of horses whether or not they are in competition where speed is not the prime factor like races. Events like rodeo events, parades and trail rides are excluded from the HPA. The HPA covers events like dressage, halter, hunter, hunter under saddle, polo, ranch riding, reining, vaulting, and others.
Another key requirement of the new rule is that the USDA will be responsible for training Horse Protection Inspectors, licensed veterinarians, or individuals with extensive equine experience with a governmental agency. The inspectors or individuals, according to a frequently asked questions page provided by the USDA, will be performing the inspections at the events.
According to the USDA, “HPIs must be veterinarians, veterinary technicians, or State or local animal welfare or control officers. HPIs must demonstrate sufficient knowledge and experience in equine husbandry and science. HPIs must not have been found to have previously violated any provision of the HPA or its regulations and must not have been disqualified by the Secretary of Agriculture from diagnosing, detecting, or inspecting soreness under the HPA or its regulations.”
However, veterinarians and veterinary technicians applying to be HPIs are not required to be licensed but they must meet all required qualifications to be eligible. The page also details that event management is responsible for the cost associated with having an HPI at an event.
The new regulations have received a statement from Texas Agriculture Commissioner Sid Miller in an opinion published on the Texas Department of Agriculture website, and a statement has been made by the American Quarter Horse Association.
“If the HPA rule change is implemented, horse owners will have many headaches. The rules would ban anything that might cause irritation,” Miller stated. “Even a minor rub from a bell boot or sore muscles from training could be labeled as intentional soring. Before long, every 4-H horse event, barrel race, cutting, rodeo, horse show, trail ride, reining event, and team penning could face burdensome regulations.”
As stated previously, the USDA’s HPA doesn’t cover rodeo events or events that involve speed as the prime factor despite Miller’s concern over horse events such as barrel racing, cutting, and rodeo. However, the HPA does cover trail classes and reining events.
Miller also noted in his opinion that event organizers would have to provide advance notice and hire USDA-approved veterinarians or veterinary technicians to inspect every horse. However, according to the FAQ, event organizers may opt out of hiring an HPI but they must accept liability for any horse shown, exhibited, auctioned, or sold while sore.
Miller also notes in his opinion that, “Even something as simple as applying show sheen to a horse’s coat could result in disqualification.” The USDA noted in the FAQ that any substance that can mask previous and/or ongoing soring is prohibited and specifically for Tennessee Walking Horses or racking horses, any substance on the extremities above the hoof is prohibited. However, the USDA also noted that fly spray and show sheen are permitted on areas other than the extremities.
Overall, Miller said in his opinion that the new rules are “government overreach” for the equine industry.
The AQHA statement regarding HPA also is trying to delay or contest the implementation and stated “AQHA is actively engaging the Trump transition team to ensure that the HPA will not negatively affect AQHA and its members. Additionally, AQHA has been communicating daily with industry partners regarding efforts to contest and/or delay the February 1, 2024 implementation of the changes to the HPA.”
However, as of Jan. 24, the new changes to the HPA are still set to be implemented on Feb. 1. Those who wish to read the full statement made by Miller may visit the Texas Department of Agriculture website, and those who wish to read the full FAQ and other details for horse owners and event organizers provided by the USDA may visit the USDA website or view the FAQ below.
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