USDA Petitioned to Amend HPA Regulations

The U.S. Department of Agriculture (USDA) requested comments on a petition it received last August which requested changes to the regulations under the Horse Protection Act (HPA).

The Horse Protection Act (HPA) prohibits the showing, transport or sale of horses that have been sored.  Soring involves any practice to accentuate a horse’s gait through the infliction of pain.  USDA publishes regulations under the HPA that outline what is prohibited under the HPA.

In the petition sent on August 4, 2010, The Humane Society of the United States, the American Society for the Prevention of Cruelty to Animals, the American Horse Protection Association, Inc., Friends of Sound Horses, Inc., and former Senator Joseph D. Tydings requested USDA change some of the regulations and policies under the HPA.

Petitioners’ Request for Changes to HPA

The petitioners’ requested USDA change its regulations and policies to: (1) permanently disqualify horses that have been scarred from soring from competitions, (2) permanently disqualify repeat violators of the HPA, (3) require horse industry organizations to impose minimum penalties for violations, and (4) decertify noncompliant horse industry organizations.

In response to the petition, USDA stated that the HPA does not give the Agency the authority to implement the first two petitioners’ requests since the disqualification provisions and the penalty provisions are specifically listed in the HPA.

USDA sought comments on the petitioners’ requests, particularly on those that USDA has the authority to adopt under the HPA.  USDA also requested scientific data, studies or research supporting any comments that were submitted.

AHC Comments

The AHC noted in its comments that USDA feels it does not have authority to permanently disqualify horses that have been scarred due to soring or to permanently disqualify repeat violators, the AHC was not going to dissent.  The AHC expected the Agency sought advice from its Office of General Counsel before responding to the petitioner’s request.

In addition, the AHC pointed out that many of the petitioner’s requests are more clearly addressed under the Agency’s May 27, 2011 proposed HPA rule changes that would require each Horse Industry Organization or association (HIO) that licenses Designated Qualified Persons (DQPs) to adopt rules for minimum penalties for violations.

Status

The comment period closed on June 13, 2011.  USDA is currently reviewing all comments submitted.

AHC Position

The AHC supports USDA’s efforts to enhance safeguards to better enforce the HPA and eliminate the soring of horses.