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USDA Announces Proposal to

Strengthen Enforcement of the Horse

Protection Act

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Contact:

APHISPress@usda.gov

WASHINGTON, August 17, 2023 – The United States Department of Agriculture’s

(USDA) Animal and Plant Health Inspection Service (APHIS) is seeking public input on

a proposed rule to strengthen Horse Protection Act (HPA) requirements. These

proposed changes aim to eliminate horse soring, a cruel and inhumane practice that

gives horse owners and trainers an unfair advantage in walking horse competitions.

Walking horses are known for possessing a naturally high gait, but to be more

successful in competitions some owners and trainers use improper training methods

to exaggerate a horse’s gait. These inhumane methods may cause the horse to

suffer from physical pain, distress, inflammation, or lameness while walking and

moving.

"Soring has no place in walking horse shows. This unnecessary abuse harms horses

and makes it harder for those who properly care for their horses to compete,” said

Jenny Lester-Moffitt, Under Secretary for USDA Marking and Regulatory Programs.

“By strengthening the HPA regulations, we can all work to eliminate soring, which

will improve the welfare of horses competing in these shows and level the
competitive playing field for everyone in the industry, which should only help it

thrive."

The proposed changes include:

relieving horse industry organizations and associations of all of their regulatory

responsibilities, which will eliminate potential conflicts of interest and ensure

impartiality of inspections;

establishing qualifying criteria for people applying to be inspectors, as well as

processes for denying applications;

allowing event management to appoint an APHIS representative to conduct

inspections;

prohibiting any device, method, practice, or substance that could mask

evidence of soring, as well as all action devices and non-therapeutic pads and

wedges, and substances applied above the hoof;

clarifying the “scar rule” by modifying the description of visible changes that

indicate soring, and;

amending recordkeeping and reporting requirements for management at horse

shows, exhibitions, sales, and auctions to increase oversight and prevent those

that have been previously disqualified from participating in events.

Together, these changes will allow APHIS to screen, train and authorize qualified

persons to conduct inspections at horse shows, horse exhibitions, horse sales, and

horse auctions to ensure compliance with the HPA.

In 2017, APHIS withdrew its initial HPA final rule from public inspection in accordance

with a memorandum that was issued by the Executive Office of the President.

Following a lawsuit based on that action, on June 1, 2023, the U.S. District Court for

the District of Columbia issued an order that would give the 2017 rule automatic

effect if the agency does not take appropriate remedial action within 180 days to

either promulgate an updated version of the rule, or otherwise remedy the

deficiency in the withdrawal of the 2017 rule by conducting notice and comment

rulemaking on the withdrawal. The agency published a proposed rule to withdraw

the 2017 rule on July 20, 2023 which is available for public comment through August

21, 2023. Today, the agency is submitting the revised proposed rule that aims to

strengthen regulations and modernize APHIS’ approach to this issue.
The HPA is a federal law that prohibits sored horses from participating in shows,

exhibitions, sales or auctions. The HPA also prohibits the transportation of sored

horses to or from any of these events.

This proposed rule may be viewed in today’s Federal Register. Beginning Monday,

interested stakeholders may submit comments on the proposed rule at

www.regulations.gov. APHIS will consider all comments received on or before

October 20, 2023.