U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 110TH CONGRESS

1st Session 

REPORT

2007

110–229 

Calendar No. 488 

TO AMEND THE HORSE PROTECTION ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 311 

NOVEMBER 14, 2007.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TENTH CONGRESS

FIRST SESSION

DANIEL K. INOUYE, Hawaii, Chairman 

TED STEVENS, Alaska, Vice-Chairman 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

THOMAS CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

JOHN MCCAIN, Arizona 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN THUNE, South Dakota 

MARGARET CUMMISKY, Staff Director and Chief Counsel 

LILA HELMS, Deputy Staff Director and Policy Director 

JEAN TOAL EISEN, Senior Advisor and Deputy Policy Director 

CHRISTINE KURTH, Republican Staff Director and General Counsel 

PAUL J. NAGLE, Republican Chief Counsel 


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Calendar No. 488 

110TH CONGRESS REPORT " ! SENATE 1st Session 110–229 

TO AMEND THE HORSE PROTECTION ACT 

NOVEMBER 14, 2007.—Ordered to be printed 

Mr. INOUYE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 311] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 311) to amend the Horse Protection 

Act to prohibit the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and 

other equines to be slaughtered for human consumption, and for 

other purposes, having considered the same, reports favorably 

thereon without an amendment and recommends that the bill do 

pass. 

PURPOSE OF THE BILL

S. 311 is a bill to end the interstate transportation of horses and 

other equines for the purpose of slaughter for human consumption. 

BACKGROUND AND NEEDS

The purpose of S. 311 is to end the domestic slaughter of horses 

and other equines for the purpose of selling horse meat for human 

consumption. Debate regarding this issue revolves around the acceptability of horse slaughter, and how to care for or humanely dispose of horses that may no longer be slaughtered for human food. 

While it is uncommon to consume horse meat in the United 

States, horse meat is considered a delicacy in many other nations. 

This culinary interest has generated a significant demand for horse 

products, and has led to the slaughter of horses for human consumption in facilities located in various nations. Until recently, 

three Belgian-owned facilities, located in Texas and Illinois, were 

the sole horse slaughterhouses in the United States. These facilities slaughtered for export approximately 100,000 horses annually. 


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The United States exported more than 17,000 metric tons of horse 

meat valued at about $65 million in 2006. Most of these slaughtered horses were raised for other purposes—the majority for 

riding—but they were no longer wanted by their owners and were 

sold at auctions or through other means. The U.N. Food and Agriculture Organization estimates that Canada and Mexico, respectively, slaughtered a total of 88,000 and 626,000 horses for horsemeat in 2005. A portion of these horses were shipped from the 

United States, which, in 2005, exported more than 21,000 live 

horses to Canada and more than 11,000 to Mexico. According to the 

U.S. Department of Agriculture (USDA), over 90 percent of horses 

currently sent to slaughter are healthy and in good condition. 

Slaughterhouses generally seek such horses, rather than old or infirm horses, because of the superior quality of meat from these animals. 

Federal laws neither ban the use of equines for food nor set onfarm care standards. Protection usually is subject to varying State 

and local laws. Some of these laws may set affirmative care standards, although more are likely to be anti-cruelty measures. However, U.S. horse slaughter plants are subject to the Federal Meat 

Inspection Act (FMIA) of 1906, as amended (21 U.S.C. 601 et seq.), 

which requires the USDA to inspect all cattle, sheep, swine, goats, 

and equines slaughtered and processed into products for human 

food. This Act, administered by USDA’s Food Safety and Inspection 

Service (FSIS), aims to ensure that meat and meat products from 

these animals are safe, wholesome, and properly labeled. FSIS 

safety inspection is mandatory, and most costs must be covered by 

appropriated funds, except for overtime and holiday periods. Meat 

inspectors also are charged with enforcing the Humane Slaughter 

Act (7 U.S.C. 1901 et seq.), requiring that livestock (but not poultry) be rendered unconscious prior to slaughter. Plants also can request that graders from USDA’s Agricultural Marketing Service be 

placed in their plants to assign official grades to their products 

based on quality traits and yield. Plants pay user fees for this inspection service, which is voluntary and conducted under authority 

of the Agricultural Marketing Act of 1946 (AMA) (7 U.S.C. 1621 et 

seq.). The AMA is also the authority FSIS uses to provide voluntary food safety inspections of animals and products not specifically covered by either the FMIA or the Poultry Products Inspection Act. 

Horses may have to be shipped long distances to reach the few 

plants that will slaughter them. Horse practitioners and welfare 

groups gained passage of language in the 1996 farm bill (P.L. 104–

127, Title IX–A, Commercial Transportation of Equine for Slaughter, 7 U.S.C. note) that authorizes the Secretary of Agriculture to 

issue guidelines for regulating such transport, subject to available 

appropriations. USDA’s Animal and Plant Health Inspection Service developed guidelines with the cooperation of horse groups, and 

they became effective February 5, 2002. 

Several States—including Texas—have laws aimed at preventing 

the slaughter of horses for human food. A Federal lawsuit filed by 

the owners of the two Texas slaughter plants, Beltex Corporation 

and Dallas Crown, Inc., sought to clarify that the Texas state law 

banning the sale of horsemeat, first passed in 1949, was not enforceable and that they should not be prosecuted. The U.S. District 


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Court had earlier agreed with the plants’ owners that the law had 

been repealed, was preempted by the FMIA, and violated the dormant Commerce Clause of the U.S. Constitution. However, on January 19, 2007, a panel of the U.S. Court of Appeals for the Fifth 

Circuit rejected all three arguments in the lower court’s ruling, declaring the Texas law to be in force and clearing the way for the 

State Attorney General to prosecute the plants’ owners if they continued to operate. 

A separate March 2007 decision by a Federal Circuit Court effectively ended the domestic slaughter of horses for human consumption by blocking the USDA from providing any horse meat inspections. Congress ended Federal funding for horse meat inspections 

in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2006, but the 

USDA circumvented this provision by devising a plan to provide 

the inspections of horse meat for a fee. In the decision in the case 

by the Humane Society of the United States, the Court found that 

the USDA did not follow Federal procedures for setting up the inspection fee program. It has been reported that these rulings have 

forced the two plants in Texas to cease operations and will purportedly cause horse meat production at the Illinois facility to end. 

SUMMARY OF PROVISIONS

S. 311 would amend the Horse Protection Act (15 U.S.C. 1821 et 

seq.), which currently makes it a crime to exhibit or transport for 

the purpose of exhibition any ‘‘sore’’ horse (i.e., one whose feet have 

been injured to alter its gait). The bill would prohibit the ‘‘shipping, 

transporting, moving, delivering, receiving, possessing, purchasing, 

selling, or donation of any horse or other equine to be slaughtered 

for human consumption.’’ Additionally, the bill would permit USDA 

to detain for examination and evidence any horse for which it has 

probable cause that the animal will be slaughtered for food. Violators would be subject to specified criminal and civil penalties and 

prison terms. The bill would increase the authorization of appropriations for administering the Act from $500,000 to $5 million annually. 

LEGISLATIVE HISTORY

S. 311 was introduced on January 17, 2007, by Senator Landrieu 

and co-sponsored by Senators Ensign, Byrd, Snowe, Kerry, Collins, 

Boxer, Graham, Carper, Levin, Reed, and Menendez and was referred to the Senate Committee on Commerce, Science, and Transportation. On April 25, 2007, the Committee met in open executive 

session and ordered S. 311 reported favorably, without amendment. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 


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S. 311—A bill to amend the Horse Protection Act to prohibit the 

shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other 

equines to be slaughtered for human consumption 

Summary: S. 311 would amend provisions of the Horse Protection Act of 1970 related to the slaughter of certain equines for 

human consumption. The bill would authorize the Secretary of Agriculture to detain and examine, test, or taking evidence from any 

equine if the Secretary has probable cause to believe that the 

equine may be slaughtered for human consumption. The bill would 

authorize the appropriations of $5 million per year for those purposes. Enacting S. 311 would not affect direct spending or revenues. 

S. 311 would impose a private-sector and an intergovernmental 

mandate as defined in the Unfunded Mandates Reform Act 

(UMRA). It would amend the Horse Protection Act to prohibit shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donating a horse or other equine to be slaughtered for human consumption. CBO expects that the cost of the 

mandate would fall below the thresholds established by UMRA for 

private-sector and intergovernmental mandates ($131 million and 

$66 million, respectively, in 2007, adjusted annually for inflation). 

Estimated cost to the Federal government: The estimated budgetary impact of S. 311 is shown in the following table. The costs 

of this legislation fall within budget function 350 (agriculture). Assuming appropriation of the authorized amounts, CBO estimates 

that implementing S. 311 would cost the federal government $4 

million in fiscal year 2008 and $24 million over the 2008–2012 period. 

By fiscal year, in millions of dollars— 

2008 2009 2010 2011 2012 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level 5 5 5 5 5 

Estimated Outlays 4 5 5 5 5 

Intergovernmental and private-sector impact: By prohibiting 

shipping, transporting, moving, delivering, receiving, possessing, 

purchasing, selling, or donating a horse or other equine to be 

slaughtered for human consumption, S. 311 would impose a private-sector and an intergovernmental mandate as defined in 

UMRA. The cost of the mandate to the private sector would be the 

loss of income to entities involved in the horse slaughter industry 

and the cost to horse owners to dispose of horses that otherwise 

would have been slaughtered for human consumption. Based on information from USDA, CBO expects that those costs would fall 

below the annual threshold established by UMRA for private-sector 

mandates ($131 million in 2007, adjusted annually for inflation). 

This mandate also would affect state, local, and tribal governments to the extent that they would be responsible for unwanted 

horses that otherwise would have been sold contrary to this prohibition. Because most unwanted horses remain in the hands of private individuals or organizations, CBO estimates that this cost 

would not be large, and would be well below the threshold estabVerDate Aug 31 2005 05:26 Nov 18, 2007 Jkt 069010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR229.XXX SR229

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lished in UMRA for intergovernmental mandates ($66 million in 

2007, adjusted annually for inflation). 

Estimate prepared by: Federal Costs: Jim Langley; Impact on 

State, Local, and Tribal Governments: Marjorie Miller; Impact on 

the Private Sector: Amy Petz. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 311 is expected to impact the small number of persons in 

United States who may seek to export horses to other countries for 

the purpose of slaughter for human consumption. 

ECONOMIC IMPACT

S. 311 is not expected to have an adverse impact on the U.S. 

economy. At the present time, the commercial facilities that had 

previously engaged in the slaughtering of horses for human consumption have ended this service, so this bill will have no impact 

on domestic slaughter operations. Horse owners who sell horses for 

slaughter to other countries, typically Mexico or Canada, would be 

prohibited from transporting horses for such purposes in interstate 

commerce. According to the USDA, roughly 3,000 horses are currently being sent to Canada and Mexico for slaughter for human 

consumption per month now that all domestic slaughterhouses are 

closed, equaling roughly 72,000 horses exported for this purpose 

per year. Ending this export trade may result in lower income to 

owners currently involved in this trade for the sale of their horses, 

but the Committee believes that many outlets will still exist for 

horse owners to dispose of their horses for other commercial purposes. For further analysis of the economic impact on the private 

sector, see page 2 of the CBO estimate. 

PRIVACY

S. 311 would have no effect on the privacy rights of individuals. 

PAPERWORK

The Committee anticipates no increase in paperwork burdens on 

requirements for private individuals or businesses as a result of 

this bill. 

SECTION-BY-SECTION ANALYSIS

Section 1: Prohibits the shipping, transporting, moving, delivering, 

receiving, possessing, purchasing, selling or donation of horses 

and other equines for slaughter for human consumption 

Subsection (a) would define human consumption and what constitutes the slaughter of horses. 

Subsection (b) would contain the bill’s findings, including that 

horses are vital to the United States and deserve protection; that 


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horses are domestic animals; that they are unlike cows, pigs, and 

other animals that are raised for the purpose of being slaughtered 

for human consumption; that horses cannot be safely and humanely transported in double deck trailers; and that horse slaughter has an adverse effect and burden on interstate and foreign commerce. 

Subsection (c) would outline what actions are prohibited if the 

purpose associated with that action is to slaughter a horse for 

human consumption. 

Subsection (d) would provide the Secretary of Agriculture the authority to detain and examine horses at various locations for the 

purpose of taking evidence on the belief that the horse is sore or 

if that an action prohibited under subsection (c) is taking place. 

Subsection (e) would increase the authorized appropriations 

amount to carry out the Horse Protection Act from $500,000 to 

$5,000,000. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

HORSE PROTECTION ACT 

[15 U.S.C. 1821–Definitions] 

SEC. 2. As used in this Act unless the context otherwise requires: 

(1) The term ‘‘human consumption’’ means ingestion by people 

as a source of food. 

ø(1)¿ (2) The term ‘‘management’’ means any person who organizes, exercises control over, or administers or who is responsible for organizing, directing, or administering. 

ø(2)¿ (3) The term ‘‘Secretary’’ means the Secretary of Agriculture. 

(4) The term ‘‘slaughter’’ means the killing of 1 or more horses 

or other equines with the intent to sell or trade the flesh for 

human consumption. 

ø(3)¿ (5) The term ‘‘sore’’ when used to describe a horse 

means that—

(A) an irritating or blistering agent has been applied, internally or externally, by a person to any limb of a horse, 

(B) any burn, cut, or laceration has been inflicted by a 

person on any limb of a horse, 

(C) any tack, nail, screw, or chemical agent has been injected by a person into or used by a person on any limb 

of a horse, or 

(D) any other substance or device has been 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 


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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 was given. 

ø(4)¿ (6) The term ‘‘State’’ means any of the several 

States, the District of Columbia, the Commonwealth of 

Puerto Rico, the Virgin Islands, Guam, American Samoa, 

and the Trust Territory of the Pacific Islands. 

[15 U.S.C. 1822–Congressional statement of findings] 

SEC. 3. The Congress finds and declares that— (1) horses and other equines play a vital role in the collective 

experience of the United States and deserve protection and compassion; 

(2) horses and other equines are domestic animals that are 

used primarily for recreation, pleasure, and sport; 

(3) unlike cows, pigs, and many other animals, horses and 

other equines are not raised for the purpose of being slaughtered for human consumption; 

(4) individuals selling horses or other equines at auctions are 

seldom aware that the animals may be bought for the purpose 

of being slaughtered for human consumption; 

(5) the Animal and Plant Health Inspection Service of the Department of Agriculture has found that horses and other 

equines cannot be safely and humanely transported in double 

deck trailers; 

ø(1)¿ (6) the soring of horses is cruel and inhumane; 

ø(2)¿ (7) horses shown or exhibited which are sore, where 

such soreness improves the performance of such horse, compete 

unfairly with horses which are not sore; 

ø(3)¿ (8) øthe movement, showing, exhibition, or sale of sore 

horses in intrastate commerce adversely affects and burdens 

interstate and foreign commerce¿ the movement, showing, exhibition, or sale of sore horses in intrastate commerce, and the 

shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation in intrastate commerce 

of horses and other equines to be slaughtered for human consumption, adversely affect and burden interstate and foreign 

commerce; 

ø(4)¿ (9) all horses which are subject to regulation under this 

Act are either in interstate or foreign commerce or substantially affect such commerce; and 

ø(5)¿ (10) regulation under this Act by the Secretary is appropriate to prevent and eliminate burdens upon commerce 

and to effectively regulate commerce. 

[15 U.S.C. 1824–Unlawful acts] 

SEC. 5. The following conduct is prohibited: 

(1) The shipping, transporting, moving, delivering, or receiving of any horse which is sore with reason to believe that such 

horse while it is sore may be shown, exhibited, entered for the 

purpose of being shown or exhibited, sold, auctioned, or offered 

for sale, in any horse show, horse exhibition, or horse sale or 

auction; except that this paragraph does not apply to the shipping, transporting, moving, delivering, or receiving of any 

horse by a common or contract carrier or an employee thereof 

in the usual course of the carrier’s business or employee’s emVerDate Aug 31 2005 05:26 Nov 18, 2007 Jkt 069010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

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ployment unless the carrier or employee has reason to believe 

that such horse is sore. 

(2) The (A) showing or exhibiting, in any horse show or horse 

exhibition, of any horse which is sore, (B) entering for the purpose of showing or exhibiting in any horse show or horse exhibition, any horse which is sore, (C) selling, auctioning, or offering for sale, in any horse sale or auction, any horse which is 

sore, and (D) allowing any activity described in clause (A), (B), 

or (C) respecting a horse which is sore by the owner of such 

horse. 

(3) The failure by the management of any horse show or 

horse exhibition, which does not appoint and retain a person 

in accordance with section 4(c) of this Act, to disqualify from 

being shown or exhibited any horse which is sore. 

(4) The failure by the management of any horse sale or auction, which does not appoint and retain a qualified person in 

accordance with section 4(c) of this Act, to prohibit the sale, offering for sale, or auction of any horse which is sore. 

(5) The failure by the management of any horse show or 

horse exhibition, which has appointed and retained a person in 

accordance with section 4(c) of this Act, to disqualify from 

being shown or exhibited any horse (A) which is sore; and (B) 

after having been notified by such person or the Secretary that 

the horse is sore or after otherwise having knowledge that the 

horse is sore. 

(6) The failure by the management of any horse sale or auction which has appointed and retained a person in accordance 

with section 4(c) of this Act, to prohibit the sale, offering for 

sale, or auction of any horse (A) which is sore, and (B) after 

having been notified by such person or the Secretary or after 

otherwise having knowledge that the horse is sore. 

(7) The showing or exhibiting at a horse show or horse exhibition; the selling or auctioning at a horse sale or auction; the 

allowing to be shown, exhibited, or sold at a horse show, horse 

exhibition, or horse sale or auction; the entering for the purpose of showing or exhibiting in any horse show or horse exhibition; or offering for sale at a horse sale or auction, any horse 

which is wearing or bearing any equipment, device, paraphernalia, or substance which the Secretary by regulation 

under section 9 prohibits to prevent the soring of horses. 

(8) The shipping, transporting, moving, delivering, receiving, 

possessing, purchasing, selling, or donation of any horse or 

other equine to be slaughtered for human consumption. 

ø(8)¿ (9) The failing to establish, maintain, or submit 

records, notices, reports, or other information required under 

section 4. 

ø(9)¿ (10) The failure or refusal to permit access to or copying of records, or the failure or refusal to permit entry or inspection, as required by section 4. 

ø(10)¿ (11) The removal of any marking required by the Secretary to identify a horse as being detained. 

ø(11)¿ (12) The failure or refusal to provide the Secretary 

with adequate space or facilities, as the Secretary may by regulation under section 9 prescribe, in which to conduct inspecVerDate Aug 31 2005 05:26 Nov 18, 2007 Jkt 069010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6601 E:\HR\OC\SR229.XXX SR229

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tions or any other activity authorized to be performed by the 

Secretary under this Act. 

[15 U.S.C. 1825–Violations and penalties] 

SEC. 6. (a)(1) Except as provided in paragraph (2) of this subsection, any person who knowingly violates section 5 shall, upon 

conviction thereof, be fined not more than $3,000, or imprisoned for 

not more than one year, or both. 

(2)(A) If any person knowingly violates section 5, after one or 

more prior convictions of such person for such a violation have become final, such person shall, upon conviction thereof, be fined not 

more than $5,000, or imprisoned for not more than two years, or 

both. 

(B) Any person who knowingly makes, or causes to be made, a 

false entry or statement in any report required under this Act; who 

knowingly makes, or causes to be made, any false entry in any account, record, or memorandum required to be established and 

maintained by any person or in any notification or other information required to be submitted to the Secretary under section 4 of 

this Act; who knowingly neglects or fails to make or cause to be 

made, full, true, and correct entries in such accounts, records, 

memoranda, notification, or other materials; who knowingly removes any such documentary evidence out of the jurisdiction of the 

United States; who knowingly mutilates, alters, or by any other 

means falsifies any such documentary evidence; or who knowingly 

refuses to submit any such documentary evidence to the Secretary 

for inspection and copying shall be guilty of an offense against the 

United States, and upon conviction thereof shall be fined not more 

than $5,000, or imprisoned for not more than three years, or both. 

(C) Any person who forcibly assaults, resists, opposes, impedes, 

intimidates, or interferes with any person while engaged in or on 

account of the performance of his official duties under this Act 

shall be fined not more than $5,000, or imprisoned not more than 

three years, or both. Whoever, in the commission of such acts, uses 

a deadly or dangerous weapon shall be fined not more than 

$10,000, or imprisoned not more than ten years, or both. Whoever 

kills any person while engaged in or on account of the performance 

of his official duties under this Act shall be punishable as provided 

under sections 1111 and 1112 of title 18, United States Code. 

(b)(1) Any person who violates section 5 of this Act shall be liable 

to the United States for a civil penalty of not more than $2,000 for 

each violation. No penalty shall be assessed unless such person is 

given notice and opportunity for a hearing before the Secretary 

with respect to such violation. The amount of such civil penalty 

shall be assessed by the Secretary by written order. In determining 

the amount of such penalty, the Secretary shall take into account 

all factors relevant to such determination, including the nature, circumstances, extent, and gravity of the prohibited conduct and, with 

respect to the person found to have engaged in such conduct, the 

degree of culpability, any history of prior offenses, ability to pay, 

effect on ability to continue to do business, and such other matters 

as justice may require. 

(2) Any person against whom a violation is found and a civil penalty assessed under paragraph (1) of this subsection may obtain review in the court of appeals of the United States for the circuit in 

which such person resides or has his place of business or in the 


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United States Court of Appeals for the District of Columbia Circuit 

by filing a notice of appeal in such court within 30 days from the 

date of such order and by simultaneously sending a copy of such 

notice by certified mail to the Secretary. The Secretary shall 

promptly file in such court a certified copy of the record upon 

which such violation was found and such penalty assessed, as provided in section 2112 of title 28, United States Code. The findings 

of the Secretary shall be set aside if found to be unsupported by 

substantial evidence. 

(3) If any person fails to pay an assessment of a civil penalty 

after it has become a final and unappealable order, or after the appropriate court of appeals has entered final judgment in favor of 

the Secretary, the Secretary shall refer the matter to the Attorney 

General, who shall recover the amount assessed in any appropriate 

district court of the United States. In such action, the validity and 

appropriateness of the final order imposing the civil penalty shall 

not be subject to review. 

(4) The Secretary may, in his discretion, compromise, modify, or 

remit, with or without conditions, any civil penalty assessed under 

this subsection. 

(c) In addition to any fine, imprisonment, or civil penalty authorized under this section, any person who was convicted under subsection (a) or who paid a civil penalty assessed under subsection (b) 

or is subject to a final order under such subsection assessing a civil 

penalty for any violation of any provision of this Act or any regulation issued under this Act may be disqualified by order of the Secretary, after notice and an opportunity for a hearing before the Secretary, from showing or exhibiting any horse, judging or managing 

any horse show, horse exhibition, or horse sale or auction for a period of not less than one year for the first violation and not less 

than five years for any subsequent violation. Any person who 

knowingly fails to obey an order of disqualification shall be subject 

to a civil penalty of not more than $3,000 for each violation. Any 

horse show, horse exhibition, or horse sale or auction, or the management thereof, collectively and severally, which knowingly allows 

any person who is under an order of disqualification to show or exhibit any horse, to enter for the purpose of showing or exhibiting 

any horse, to take part in managing or judging, or otherwise to 

participate in any horse show, horse exhibition, or horse sale or 

auction in violation of an order shall be subject to a civil penalty 

of not more than $3,000 for each violation. The provisions of subsection (b) respecting the assessment, review, collection, and compromise, modification, and remission of a civil penalty apply with 

respect to civil penalties under this subsection. 

(d) The Secretary may require by subpena the attendance and 

testimony of witnesses and the production of books, papers, and 

documents relating to any matter under investigation or the subject of a proceeding. Witnesses summoned before the Secretary 

shall be paid the same fees and mileage that are paid witnesses in 

the courts of the United States. 

(2) The attendance of witnesses, and the production of books, papers, and documents, may be required at any designated place from 

any place in the United States. In case of disobedience to a subpena the Secretary, or any party to a proceeding before the Secretary, may invoke the aid of any appropriate district court of the 


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United States in requiring attendance and testimony of witnesses 

and the production of such books, papers, and documents under the 

provisions of this Act. 

(3) The Secretary may order testimony to be taken by deposition 

under oath in any proceeding or investigation pending before him, 

at any stage of the proceeding or investigation. Depositions may be 

taken before any person designated by the Secretary who has 

power to administer oaths. The Secretary may also require the production of books, papers, and documents at the taking of depositions. 

(4) Witnesses whose depositions are taken and the persons taking them shall be entitled to the same fees as paid for like services 

in the courts of the United States or in other jurisdictions in which 

they may appear. 

(5) In any civil or criminal action to enforce this Act or any regulation under this Act a horse shall be presumed to be a horse which 

is sore if it manifests abnormal sensitivity or inflammation in both 

of its forelimbs or both of its hindlimbs. 

(6) The United States district courts, the District Court of Guam, 

the District Court of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other territories, 

are vested with jurisdiction specifically to enforce, and to prevent 

and restrain violations of this Act, and shall have jurisdiction in all 

other kinds of cases arising under this Act, except as provided in 

subsection (b) of this section. 

(e)(1) The Secretary may detain for examination, testing, or the 

taking of evidence—

(A) any horse at any horse show, horse exhibition, or horse 

sale or auction that is sore or that the Secretary has probable 

cause to believe is sore; and 

(B) any horse or other equine that the Secretary has probable 

cause to believe is being shipped, transported, moved, delivered, 

received, possessed, purchased, sold, or donated in violation of 

section 5(8). 

ø(1)¿ (2) øThe Secretary may detain (for a period not to exceed 

twenty-four hours) for examination, testing, or the taking of evidence, any horse at any horse show, horse exhibition, or horse sale 

or auction which is sore or which the Secretary has probable cause 

to believe is sore.¿ The Secretary may require the temporary marking of any horse during the period of its detention for the purpose 

of identifying the horse as detained. A horse which is detained subject to this paragraph shall not be moved by any person from the 

place it is so detained except as authorized by the Secretary or 

until the expiration of the detention period applicable to the horse. 

ø(2)¿ (3) Any equipment, device, paraphernalia, or substance 

which was used in violation of any provision of this Act or any regulation issued under this Act or which contributed to the soring of 

any horse at or prior to any horse show, horse exhibition, or horse 

sale or auction, shall be liable to be proceeded against, by process 

of libel for the seizure and condemnation of such equipment, device, 

paraphernalia, or substance, in any United States district court 

within the jurisdiction of which such equipment, device, paraphernalia, or substance is found. Such proceedings shall conform as 

nearly as possible to proceedings in rem in admiralty. 


ccoleman on PRODPC75 with REPORTS
12 

[15 U.S.C. 1831–Authorization of appropriations] 

SEC. 12. There are authorized to be appropriated to carry out 

this Act $125,000 for the period beginning July 1, 1976, and ending 

September 30, 1976; and for the fiscal year beginning October 1, 

1976, and for each fiscal year thereafter there are authorized to be 

appropriated such sums, not to exceed ø$500,000¿ $5,000,000, as 

may be necessary to carry out this Act. 

Æ 


ccoleman on PRODPC75 with REPORTS