Importation of Noncompetitive Entertainment Horses Final Rule

June 24, 2008 - The U.S. Department of Agriculture (USDA) has amended existing regulations to allow noncompetitive entertainment horses to be temporarily imported from countries affected with the venereal disease, Contagious Equine Metritis.  Noncompetitive entertainment horses are those that participate in performances or exhibitions and are not entered into any type of competition, such as races or shows.  Examples of such horses include circus horses, the Lippizan Horses of Austria and the performance horses in Cavalia. 

 Background

 From time to time, the United States Department of Agriculture (USDA) receives requests from importers wishing to bring noncompetitive entertainment horses to the U.S. for extended periods of time without having to meet all the import requirements for Contagious Equine Metritis (CEM).  Both competitive and noncompetitive entertainment horses are required to have health certificates upon importation which certify that cultures negative for CEM have been collected, but horses from both categories are not required to do the additional step of test breeding, as long as certain USDA-imposed requirements are satisfied.

Currently USDA regulations provide two categories of eligibility for exemption from CEM import requirements, one temporary and one permanent.  The first is for competition horses such as race or show horses, entering for 90-days or less; the second is for Spanish Pure-Bred Horses from Spain.   In some cases, the two categories have been unsuitable for the specific needs of companies importing noncompetitive entertainment horses, particularly with regard to the length of time planned for their U.S. engagement. 

Since some groups are scheduled for engagements longer than the standard 90-day period, they have had to negotiate agreements with USDA for special permits to remain in the country.  These permits varied between groups, were difficult to enforce and were time-consuming for the limited USDA staff.  Problems rose with the relentless push for waiver extensions, the need to constantly monitor the horses, and the significant amount of staff time it took to evaluate, develop, monitor and maintain the waivers.

To deal with this unique situation, the AHC suggested that USDA develop a rule applicable specifically to “entertainment” horses.  USDA responded through its rulemaking process over the last eighteen months. 

Final Rule

The final rule titled Temporary Importation of Horses: Noncompetitive Entertainment Horses From Countries Affected with Contagious Equine Metritis amends current regulations to allow for the temporary importation, under certain detailed conditions, of noncompetitive entertainment horses from CEM affected countries.  It is effective July 7, 2008. 

Import Application Details

Under the final rule, an importer can apply for a permit which, if approved, will last for one year, and can apply to renew the permit every year.  Within the application, the importer must give very specific details as to the identification of all horses to be imported, the proposed length of stay, a detailed itinerary including the names and locations of the venues where the horse could perform, the performance dates for each venue, and the names and locations of the premises where the horse will be kept, as well as the dates it will be kept there.  Additional information that must be included on the application is the methods and routes by which the horse will be transported while in the U.S., a plan for handling sick or injured horses, and contact information for each accredited veterinarian that would provide services to the imported horse.  All of this information is key to ensuring that USDA can closely monitor the horses and confirm that the required procedures are being used. 

Safeguarding Measures for Disease Transmission

To ensure that the imported horses do not transmit CEM, certain safeguards must be in place, including the constant monitoring of the horses by an USDA/APHIS representative or an accredited veterinarian to make sure that the set itinerary, methods of travel and other requirements are followed.  Also, there will be stringent requirements to ensure that the imported horses are kept apart from other horses, except when performing, exercising or being exhibited where there is virtually no risk because the disease is sexually transmitted.  Additionally, horses must not be used for breeding purposes and may not be kept on a breeding premise. 

While in transit, the horse must be moved in an aircraft or sealed van or trailer and only an APHIS representative is allowed to break the seal, unless there is a situation where the horse’s life is in danger.  Once the horse is removed from the vehicle, it must be cleaned and disinfected in the presence of an APHIS representative.  An amendment to the proposed rule was made to add flexibility in the type of housing horses must be confined in to not only include a building but also temporary structures, such as tent stables.

Additional Requirements for Temporary Importation

While in the U.S., the imported horse would be prohibited from entering competitions, and must be used regularly in performances or exhibitions.  If the horse is no longer being used for those purposes, it must be exported or made eligible for permanent entry through test breeding.  If the owner or importer wishes to make a change to the set itinerary, it must request it in writing to USDA at least 15 days before the proposed date of any change. 

Another amendment was made to the originally proposed rule.  This amendment allows a change in the horse’s itinerary or methods of transport due to an emergency or other unforeseen circumstances or events, such as weather delays, vehicle breakdown, medical emergencies, etc.  A request for such change may be submitted to APHIS by telephone, mail, fax or email, and if approval is oral, it will be confirmed in writing as soon as possible.   

The rule requires that the noncompetitive entertainment horses be imported and maintained in the U.S. though a trust fund agreement executed by the horse’s owner or importer.  This would ensure that the government is reimbursed for the services it provides, such as administrative costs and costs for an APHIS representative to monitor the horses.  The trust agreement will also ensure that the importer is able to fully uphold the requirements specified for these horses over extended periods of time.

Effects of Proposed Rule on Competition Horses

 This final rule has little effect on the temporary importation of competition horses from countries affected with Contagious Equine Metritis to race or show.  One item that would affect both competition and non-competitive entertainment horses is that the owner or importer must request an itinerary change in writing to USDA at least 15 days before the proposed date of any change.  Another item that affects both categories of horses is allowing a horse to be moved for diagnosis or treatment of a medical condition with the approval of an APHIS representative.  This has always been allowed, but will be added to the regulations to make it clear to the public.

Another minor amendment is to make it clear in the regulations that written requests for itinerary changes may be submitted via postal mail, commercial delivery service, fax, or email.  This applies to both noncompetitive and competition horses, and has always been allowed, but the amendment was made to make this clear to the public.