USDA-APHIS announces 2024 HPA Final Rule implementation delayed till Feb 1, 2026
AHC Members,
Today, per USDA-APHIS, the 2024 HPA Final Rule implementation will be delayed until February 1, 2026. On Thursday, March 20, 2025, USDA-APHIS released a Public Inspection Document citing that on Friday, March 21, 2025, the rule will be delayed until 2026. The notice also announces their intent to collect public comments on if the delay should be extended even further and solicits any supplemental information that may help inform a decision regarding the appropriate length of delay. The full public inspection document can be found here: https://www.federalregister.gov/public-inspection/2025-04813/horse-protection-postponement-of-regulations
While the 2024 rule is delayed, the previous rules still apply, and the AHC has worked to get clarification on what that means.
On Friday, March 14, 2025, AHC received the following letter from the USDA regarding the implementation of the Horse Protection Act’s Final Rule.
Following this letter, AHC had submitted questions to the USDA, and their responses are included in this communication.
Be assured that the AHC remains committed to actively engaging with the USDA to seek further advisories and clarifications on the implementation of the Horse Protection Act’s Final Rule.
We will keep you informed of any updates and developments as they arise. Thank you for your continued support and cooperation. Please contact AHC at info@horsecouncil.org with questions or comments.
To whom it may concern:
I hope this message finds you well. USDA’s Horse Protection (HP) team is looking forward to working with you in the upcoming 2025 horse show season. I’d like to take this opportunity to provide you with important updates on the HP program.
First, as many of you know, USDA temporarily postponed the effective date of certain provisions of its final rule to amend the Horse Protection Act (HPA) regulations until April 2, 2025, and a federal court subsequently vacated several of those provisions, including the prohibition on all action devices, the banning of all substances, and the dermatologic conditions indicative of soring provision. Accordingly, at this time, there will be no regulatory changes between last show season and the upcoming show season. We are considering our next steps, including an additional postponement, and we expect to solicit additional stakeholder input.
Second, I’m pleased to announce that Dr. Emily Roberson will lead USDA’s HP program for the 2025 horse show season. Dr. Roberson has extensive experience as a Veterinarian-in-Charge in USDA APHIS’s Veterinary Services program, directly interacting with stakeholders. Dr. Roberson will guide our efforts to build a productive relationship with the horse industry to achieve our shared goal of eliminating soring. As you may know, since December 2024, Dr. Louis DiVincenti has been acting as the Animal Welfare Operations Director for the APHIS Animal Care program and will be assisting Dr. Roberson in these efforts.
USDA will implement or continue the following practices for the 2025 show season:
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USDA will exercise its enforcement discretion with regard to violations of the scar rule (9 CFR § 11.3(b)) as it did for the 2017 to 2023 show seasons. We will only cite a scar rule non-compliance based on non-uniformly thickened epithelial tissue on the posterior surfaces of the pastern when hair loss is also present. As a reminder, the scar rule generally requires the pasterns to be free of evidence of inflammation, including areas of non-uniformly thickened tissue. I encourage you to read the full scar rule regulation here.
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When a horse is disqualified for non-compliance with the Horse Protection Regulations, horse industry organizations (HIOs) are reminded this disqualification is for the entire event.
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When a USDA Veterinary Medical Officer (VMO) inspects a horse and finds the horse unilaterally sore or finds an equipment non-compliance, the VMO may refer that horse to a Designated Qualified Person (DQP) for a second inspection. However, when a DQP inspects a horse and passes the horse as compliant, the VMO will not return the horse to a DQP for a re-inspection.
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USDA will alert HIOs to DQP performance concerns for follow-up. USDA also requires HIOs to enforce that only the horse, the rider, the groom, and the trainer are allowed in the warm-up area.
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As a reminder, all substances are prohibited on the extremities above the hoof of Tennessee Walking horses and racking horses except lubricants that are provided by event management and applied after the horse has been inspected. Fly spray, show sheen, and other similar substances may be applied to areas other than the extremities.
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USDA will continue using technologies such as on-site prohibited substance testing and digital radiography in addition to physical inspection procedures. We do not anticipate using ultrasound or thermography this season
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We encourage all participants in HPA-covered events to review the prohibitions contained in the regulations here (9 CFR § 11.2).
We appreciate you taking the time to read this update. We look forward to working together for a successful 2025 season. If you have general questions regarding the Horse Protection program, please visit our website at https://www.aphis.usda.gov/hpa. If you have any questions regarding this letter, please contact Dr. Emily Roberson at (405) 254-1804 or emily.a.roberson@usda.gov and Dr. Louis DiVincenti at (585) 549-0570 or louis.divincenti@usda.gov.
Sincerely, Sarah Helming Deputy Administrator, Animal Care USDA-APHIS
Please note Dr Roberson’s responses in red to the questions posed.
Dr. Roberson,
We are getting numerous questions about this stakeholder letter and the practices for 2025 show season.
We’d like confirmation of our interpretation/understanding of what is outlined so we can best inform the industry.
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Does this mean that ALL shows will not have to give 30 days’ notice or report as outlined in the proposed regulations? We believe that to be correct. None of the 7 bullets mention the need to give notice or post show reporting and we find nothing in the CFR.
This is correct. The pre-show reporting requirements are contained in the new rule, which has been postponed until April 2, 2025. We are currently evaluating our next steps, including further postponement. We will communicate any changes regarding the new rule’s status and associated requirements to all stakeholders when they happen.
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Does this mean that breed shows (outside of the gaited horses) will not be subject to inspection? We believe that to be incorrect. All shows are still subject to possible inspection under HPA.
Yes, the 2024 rule did not change which events are covered by the Horse Protection Act, so all covered events may be inspected. However, USDA prioritizes its inspection resources based on a variety of factors including size of the show and likelihood of HPA noncompliance.
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Does this mean that breed shows (outside of the gaited horses) do not need to hire HPI’s or DQPs? We believe this to be correct. Although if inspected and soring violations are found, the show management may be liable.
The HPA and Regulations allow event managers to choose whether to hire a DQP. If an event manager chooses not to hire a DQP, he or she may be liable if a sore horse participates in the event.
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Does this mean there are no HPI’s, only DQPs? And if so, what training have the DQPs received and where is the list of trained DQPs to be found? We see DQPs in 11.7 and 11.19 mentions HPIs so this is confusing.
Yes, there are currently no HPIs. 9 CFR 11.19, regarding the training of HPIs, went into effect; however, we have paused HPI training as we develop new training materials based on the recent Texas federal court decision. Horse industry organizations (HIOs) are responsible for training and licensing DQPs, and the current list of DQPs is available here. We update the list as HIOs notify us of changes.
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Thank you for clarifying, “Fly spray, show sheen, and other similar substances may be applied to areas other than the extremities.” But just to be clear, 9 CFR 11.2 is specific to TWH or Racking Horses, so it is still acceptable for other breeds to use these products on extremities?
9 CFR 11.2(c), concerning substances, is specific to TWH and racking horses. It is still acceptable for other breeds to use these products on the extremities.