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  • The Horse Protection Act, the PAST Act and New USDA Proposed HPA Regulations

THE HORSE PROTECTION ACT, THE PAST ACT AND NEW USDA PROPOSED HPA REGULATIONS

Recently, the U.S. Department of Agriculture (USDA) released a new rule that would make changes to the current Horse Protection Act (HPA) regulations. This is separate from efforts by the AHC and the majority of the horse show industry to pass the PAST Act (S.1121/ H.R.3268).  Many people in the horse industry are wondering what are the HPA and the HPA regulations and how are they different from the PAST Act.

Horse Protection Act

The Horse Protection Act (HPA) is a federal law that was passed in 1970 to stop the cruel practice of “soring” horses that was occurring in sectors of the Tennessee Walking Horse, Racking Horse and Spotted Saddle Horse industry.  In the 1950s, some walking horse owners and trainers who wanted to improve their horses’ chances of winning began to sore their horses.  As this practice spread, public concern led to the passage of the HPA.

The HPA prohibits the showing, sale, auction, exhibition, or transport of horses that have been “sored” and delegates the authority to enforce the law to the USDA.  Simply stated, soring is an intentional act that causes a horse to suffer pain in the lower part of its front legs in order to produce a higher gait in the show or sales ring. A full definition of soring can be found here. The HPA bans soring in all breeds and disciplines, however because soring has only been a problem in the Tennessee Walking Horse, Racking Horse and Spotted Saddle Horse industry the law has really only impacted those three breeds, which  have a history soring and continuing problems with soring.

HPA Regulations

Because the USDA is responsible for enforcing the HPA it must publish rules/regulations that describe exactly how they will implement the HPA.   Furthermore, Congress amended the HPA in 1976 and directed the Secretary of Agriculture specifically to prescribe, by regulation, requirements for the appointment of persons qualified to conduct inspections for the purpose of enforcing the HPA.  These HPA regulations have been periodically updated and changed through the federal rule making process several times. Federal agencies cannot change the law, but they do have considerable rule making power in how they administer and enforce the law.

Recently, USDA has proposed new changes to the regulations governing enforcement of the HPA. The proposed rule would make several major changes to HPA regulations with the goal of improving the HPA enforcement program and ending soring, including a new licensing program for inspectors and a ban on action devices, pads, and foreign substances at walking horse shows, exhibitions, sales, and auctions. USDA is taking this action because the current regulations are failing to prevent soring in the walking horse industry and soring continues to be especially prevalent in the so called “big lick” segment of the industry.  

This is a proposed rule only and USDA will be accepting comments until September 26, 2016.  USDA will then have to review all comments and release a final rule. 

The entire proposed rule can be found here:   https://www.federalregister.gov/articles/2016/07/26/2016-17648/horse-protection-licensing-of-designated-qualified-persons-and-other-amendments#page-49131

PAST Act

The PAST Act (S. 1121/ HR 3268) would amend the HPA to prohibit a Tennessee Walking Horse, a Racking Horse, or a Spotted Saddle Horse from being shown, exhibited, or auctioned with an “action device,” or “a weighted shoe, pad, wedge, hoof band or other device or material” if it is constructed to artificially alter the gait of the horse and is not strictly protective or therapeutic.  These new prohibitions would not apply to other breeds that do not have a history of soring.

The legislation would also increase fines and penalties for violations, including the potential for a lifetime ban for repeat offenders. 

Additionally, the bill would create a new licensing process for horse show inspectors, eliminating the current ineffective designated qualified persons (DQPs) program. The bill would require the USDA to train, license and appoint new independent inspectors for shows and other HPA-regulated activities that wish to hire an inspector.  Licensed or accredited veterinarians would be given preference for these positions.  The decision to hire and cost of an inspector would still reside with the management of a show, sale or auction. 

Most major national horse show organizations support the PAST Act, including the American Horse Council, the American Quarter Horse Association, the American Association of Equine Practitioners, the American Paint Horse Association, U.S. Equestrian Federation, the American Morgan Horse Association, the Pinto Horse Association of America, the Arabian Horse Association, the American Saddlebred Horse Association, the United Professional Horsemen’s Association, and the Appaloosa Horse Club as well as many state and local horse organizations. The bill also has broad bipartisan support and currently has 263 co-sponsors in the House of Representatives and 49 co-sponsors in the Senate. 

AHC Position

The AHC opposes soring and continues to strongly support the PAST Act (S. 1121/ HR 3268) and believes passage of the bill will strengthen the HPA and finally end the soring of Tennessee Walking Horses, Racking Horses and Spotted Saddle Horses.

Some of the proposed changes to the HPA regulations are similar, but not identical, to provisions of the PAST Act.  At this time the AHC is continuing to review the proposed rule to determine its impact on the horse industry and drafting detailed comments to submit to USDA. 

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    Lynda is the membership and communications specialist for the American Horse Council. Lynda grew up in Pasadena, Maryland with a passion for horses. She relocated to San Diego, California, where her dream of owning and riding horses came true. Lynda has worked with several law enforcement mounted units and has participated in several national and international horse associations.

    Lynda believes horses play a major role in our society from therapy horses helping children learn to walk again, to helping military veterans and emergency service personnel learn to cope with stress, to keeping our parks and cities safe through law enforcement mounted units. Along with our equine partners assisting in burial services at Arlington National Cemetery. Horses impact our lives in ways others cannot.

    Lynda believes the horse industry as a whole needs to have a voice and working at the American Horse Council is a way for her to help and keep the industry alive and informed.

    Interested in a Free Microchip for your Horse?

    The United Horse Coalition is offering up to 5 free microchips (while supplies last). Click below for more info on how to get your free chip.

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    Cliff Williamson is the Director of Health and Regulatory Affairs for the American Horse Council based in Washington D.C.

    He grew up in Reva, VA on his family’s horse farm, participating in both horse and livestock 4-H activities. In 2008 he graduated from Virginia Tech with a degree in Animal Science, where he was an active member of both the animal science club Block & Bridle as well as the agricultural fraternity Alpha Gamma Rho. After graduation he spent 27 months in Nicaragua with the Peace Corps for their Food Security Program. Upon his return to the United States he spent four years in the animal export industry as the Director of Animal Logistics for T.K. Exports, Inc. In that time he was honored to be appointed to a seat on the Board of Directors for the Culpeper chapter of the Farm Bureau Federation.

    For information regarding any equine health issues, welfare issues, and state, federal and international requirements regarding the movement of horses, please contact Cliff. 

    cwilliamson@horsecouncil.org

    Bryan Brendle is the Director of Policy & Legislative Affairs for the AHC.

    For information regarding public policy, government relations and advocacy, please contact Bryan.

    bbrendle@horsecouncil.org

    With over 30 years of leadership experience in both for-profit and non-profit sectors, Julie holds a BS, MBA, Executive Certificate in Non-Profit Leadership  and is Certified Association Executive®. She’s a life-long horse enthusiast ranging from recreational rider, breeder, and show competitor. A native of NC, she and her husband now reside in DC along with their Pembroke Welsh Corgis and Morgan horses.

    In her down time she enjoys volunteering (she’s president of the board of PATH International), horseback riding, gardening and cooking. “I’m passionate about the equine industry because horses have enhanced my life and well-being so profoundly,” said Julie. “Working at the AHC is a way to give back to the equine community and ensure the long term health of the industry.”

    jbroadway@horsecouncil.org

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