Equine Nutrition

CBD and Hemp Based Feed Products

The American Horse Council has joined a letter to seek support for greater education and research on a topic that impacts many aspects of equine regulation and production, as well as the safety and well-being of horse owners and caregivers. Following discussions within the AHC concerning CBD usage in the equine feed sector, the industry made their concerns regarding the current interest in using hemp, including its derivatives and by-products (herein collectively referred to as “hemp”), in animal feed. It is our position that sufficient scientific research to support the safety and utility of hemp in animal feed must be completed prior to any Federal or state approval. We understand the importance of supporting the hemp industry, and yet we also believe it is simply too soon to know whether hemp is safe and effective for horses as marketed. Our goal is for more research to ensure the safety and well-being of the public, our animals and our industry. Scientific research is needed.

Interest in the use of hemp in commercial animal feed has accelerated since the passage of the 2018 Agricultural Improvement Act (“Farm Bill”). While the Farm Bill expanded the legal production of hemp in the United States, the use of hemp in animal feed remains under the jurisdiction of the U.S. Food and Drug Administration (FDA) and state regulatory programs for commercial animal feed. However, many state leaders and lawmakers are being asked to circumvent Federal and state oversight by considering legislation that will allow the use of hemp in animal feed in their respective states before the completion of the critical scientific research to affirm the safety of hemp — and before the necessary review by the FDA. Safety mechanisms and procedures are critical. Every day, Americans purchase food for their horses with the reasonable expectation that it is safe, and that the nutritional benefits claimed on the label are supported. While consumers have this expectation, most are unaware of the scientific research and regulatory reviews that are in place to affirm the safety of animal feed ingredients.

Currently, no hemp ingredients have been approved through the established animal feed ingredient review pathways. It would be imprudent to bypass these established procedures needed to protect both human and animal health and unilaterally legislate approval of animal feed ingredients at the state level. Concerns should be addressed. We are concerned that state leaders and the general public may not be fully aware that any new ingredient intended for animal feed must go through a scientific and legal review process to ensure safety and utility. Therefore, we wish to highlight three specific concerns regarding the inclusion of hemp in animal feed prior to the necessary research and regulatory review.

First we have concerns about the health and safety of our horses. Although research is underway, it is limited and not conclusive. Some parts of the hemp plant have the potential to serve as sources of nutrition in many animal diets. However, it is not yet clear whether animals fed hemp-based diets will perform similarly to animals fed traditional diets that farmers and ranchers depend on today. Even hemp that is compliant with existing regulations for production contains ∆9-THC (<0.3%) and other cannabinoids. There is not a conclusive understanding of the long-term impacts of these compounds on the health of animals and results of existing research raise safety concerns. To achieve approval for use in animal feed, scientific evidence supporting long-term safety and utility is needed before commercial use. Additionally, there are concerns about legal implications for horse owners and feed manufacturers. Even if a state legalizes hemp for use in animal feed, the use of the ingredient is not yet approved at the Federal level. Animal feed containing hemp that crosses state lines is subject to Federal regulation and could be considered adulterated under the law. The pursuit of review through established processes will effectively address all state and Federal regulatory requirements, granting access to local, national, and global markets. Without Federal review, the access for producers and manufacturers to interstate and global markets can be negatively impacted. Recommended actions are doable and achievable. Instead of initiating statutory or administrative approval of hemp in animal feed at the state level, we recommend that state leaders and proponents of hemp in feed work through the defined regulatory pathways used for every animal feed ingredient. We urge state leaders to support research through universities or private labs so that the safety and utility of hemp can be fully understood before it is allowed for commercial purposes.

Proposed Amendments to Import Regulations

The United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) sought public comments on proposed amendments to its import regulations for horses. These proposed amendments would better align their regulations with international standards and allow both APHIS and the equine industry more flexibility for permitted imports, while continuing to mitigate the risk of bringing equine diseases, such as contagious equine metritis (CEM), into the United States.  The proposed regulations also provide APHIS with more regulatory authority to enforce standards for transporting horses. The official announcement and links to comment are found here.

These amendments touch on USDA documentation, CEM, VEE, Screwworm, shipping container transport, castration, and several country-specific import changes.

The regulations contain special provisions for the importation of horses that have been temporarily exported to a region where CEM exists. Currently, horses exported from the United States or another region not known to be CEM-affected are allowed to spend up to 60 days in a CEM-affected region and be re-imported into the United States without having to undergo CEM testing, provided certain conditions are met. They are proposing to amend the regulations to extend the temporary export period to 90 days, while maintaining the same separation and documentation requirements. Other changes are as follows:

1. Standardize requirements that CEM testing samples from stallions be collected by an accredited veterinarian.
2. Add clarifying language that the day after the date of breeding should be considered the first day of CEM quarantine protocols.
3. Amend the regulations to state that test mares used for CEM testing must be marked with the letter “T, or other permanent identification approved by APHIS”
4. States must agree to provide oversight during the test breeding of CEM quarantined stallions.
5. Add horses transiting through regions APHIS considers to be affected with CEM would be required to apply for an import permit and fulfill all other conditions listed in § 93.304(a) that are currently only required of horses imported directly from these regions.
6. Add the phrase “or other attestation regarding the health of the animals” to this sentence in order to further clarify the nature of the information that APHIS may require. Such additional attestation may include requiring certain subsets of horses to provide certification that the horses have not been exposed to other pests or diseases beyond the diseases already addressed in the health certificate, if necessary.
7. Clarify that the provisions apply to horses intended for quarantine at Federal quarantine facilities as well, in order to reflect current practices more accurately.
8. Clarify current health certification regulations to increase compliance. This includes requiring that certifications are prepared and issued directly from the national government of the region of origin or annotated by the national government of the region of origin to indicate how the documentation may be verified; requiring that origin and destination addresses are listed on the certificate; and requiring identifying information regarding the horse or horse test specimens, importer, and exporter are listed on the health certificate.
9. Require that, if applicable, health certificates confirm that the horse has not been castrated during the 14 days preceding exportation. They would also require that castrated horses be accompanied by a certificate of castration.
10. Require that horses be accompanied by documentation stating that a pre-export examination occurred within 48 hours of the horse’s export in order to further ensure that horses imported into the United States are free of pests and diseases of livestock and fit to travel at the time of export.
11. Amend the regulations to remove distinctions between temporary and permanent import by removing the requirement that horses presented for permanent importation receive an inspection prior to entry. Currently, horses from Canada temporarily imported into the United States may enter through any Canada-U.S. land border port that allows entry of animals without an APHIS inspection, whereas horses from Canada permanently imported into the United States must receive an inspection prior to entry. Requirements that currently apply to both temporarily imported and permanently imported horses would remain the same; horses would be allowed to enter the United States when accompanied by an official, Canadian Food Inspection Agency-endorsed health certificate issued within 30 days of the date of entry into the United States and when there are negative results of a test for equine infectious anemia taken within 180 days of entry.
12. Clarify existing policy by adding to § 93.319 that all horses imported from or transiting Central America and the West Indies are required to have obtained an import permit in accordance with § 93.304; this requirement is currently implied by the heading of the section, but not overtly stated in the text.
13. Amend the regulations to include a paragraph that addresses the requirements for shipping containers, including disinfection requirements, as well as measures to ensure that horses are transported safely. They are proposing to present these requirements as performance standards in the regulations. Guidance on how to meet these requirements would be found in the Live Animal Regulations (LAR), as amended, published by the International Air Transport Association (IATA).
14. Require that, for Spanish pure breed horses, the health certificate state that the horses have been in Spain for a minimum of 60 days immediately prior to export. For racing thoroughbreds from France, Germany, Ireland and/or the United Kingdom, the health certificate must state that the horses have been in one or more of these countries for a minimum of 60 days immediately prior to export. They are proposing these changes in response to confusion about what the phrases “from Spain” and “from France, Germany, Ireland, and the United Kingdom” mean in the context of horses referred to in this paragraph.
15. Add the words “and identification” after the word “activities” to better describe the information the veterinarian is required to examine. The regulations currently require the veterinarian issuing health certificates to certify that he or she has examined the records of the horse’s activities maintained by a breed association.
16. Add the words “including the competition or event records” after the words “the records kept by the trainer” to provide veterinarians with more detailed guidance on which records they are required to examine. The current regulations require the veterinarian to compare records kept by the breed association to records kept by the horse’s trainer.
17. Clarify that prohibition on breeding applies to both live and artificial breeding. For Spanish pure breed horses from Spain, the veterinarian is currently required to examine the breed association’s records to ensure that breeding of the horse has never been attempted since the horse reached 731 days of age.
18. Make a minor editorial change to this section by adding the word “racing” in front of the words “thoroughbred horses from France, Germany, Ireland, and the United Kingdom” in the introductory text to paragraph (d).
19. Clarify that horses imported from regions where screwworm exists must also obtain an import permit in accordance with § 93.304.
20. Clarify existing policy by adding that horses imported from regions where VEE exists must obtain an import permit in accordance with § 93.304 in addition to all other requirements listed.
21. Add a sentence stating that horses completing quarantine in the United States must obtain an import permit as described in § 93.304 in order to clarify existing policy. Section 93.321 outlines the import permit and inspection requirements for horses imported from Mexico.
    The proposed rule changes include several issues which have been at the forefront of our industry’s outreach for more than 10 years. The U.S. horse industry strongly supports the USDA’s efforts in modernizing their regulatory language, particularly where it concerns our continually evolving international equine transportation sector. However, there are several points where we highlighted suggested changes that may create unnecessary burdens or insufficiently address known areas of concern.

Contagious Equine Metritis

The USDA’s continued prioritization of policies and practices that have prevented the reintroduction of Contagious Equine Metritis (CEM) are well-recognized and equally appreciated. This successful campaign is not without frustration, as many in our industry feel the lack of technological advances in testing has continued to impose harsh burdens on our competition sector and their opportunities globally. The extension of the 60-day waiver to 90 days is a welcome step in addressing this hurdle. In light of the overwhelming support this change has within the equine industry and the USDA’s own statements regarding the minimal threat posed by this rule change, the American Horse Council requested the USDA implement this aspect of the proposed rule change as soon as possible, even preemptively applying this rule to animals traveling during the 2022 competition season.

Business ContinuityStandardization in import testing and documentation are also well needed steps in facilitating hassle-free international transport. Several proposed changes will require additional foreign government support, which may pose threats to business continuity should they be unable or unwilling to comply with new USDA expectations. The American Horse Council requests a thorough investigation into the logistical impacts of these changes before setting definitive implementation dates. While industry partners are willing to help facilitate common sense changes to the importation process, the burden of negotiating these changes with foreign governments and staff should not be solely carried on their shoulders.

Castration

The new documentation requirements for geldings remains unclear in it’s practical  implementation and should be simplified and consolidated with already existing health inspection documents and procedures. The burden of validation is significantly different in attesting that an animal has not been castrated within the last 14 days as opposed to the specific date an animal was castrated, potentially decades before a health certificate was issued. We are confident that the 14-day window proceeding importation is what is significant and what should be prioritized.

Animals in Transit

We would like to elevate the concerns of USDA stakeholders regarding new documentation requirements for animals in transit immediately preceding export to the United States. Specifically,  these concerns stem from the nebulous terminology introduced in this rule by the USDA and opaque nature of who these new requirements would apply to. We strongly request for the USDA to solicit more stakeholder input addressing logistical concerns surrounding additional inspections before implementing the new 48 hour rule as presented.

CEM testing procedures are critical to protecting U.S. horse herd health. However, these procedures pose an unacceptable risk to horses in international competition. In light of this risk, U.S. equine athletes are at a competitive disadvantage due to excessive travel which shortens show season. Over the last 5 years, during the annual APHIS Stakeholders’ meeting, the equine community has requested a change in the CEM testing rule by USDA-APHIS leadership. USDA-APHIS officials have indicated that changing from a 60-day waiver to a 90-day waiver is possible, and indeed warranted.

The American Horse Council requested an immediate transition from the current waiver to one allowing competition horses to spend 90 days in CEM affected countries without requiring testing upon returning to the United States as long as such horses have not been used for breeding during the period they have been out of the country.