USDA Proposed Minimum Penalties Under the HPA

The U.S. Department of Agriculture (USDA) proposed changes to the Horse Protection Act (HPA) that would require horse industry organizations to impose minimum USDA-established penalties for soring.

The 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 regulations adopted under the HPA outline what is prohibited under the HPA.

Background

Currently, horse industry organizations (HIOs) can either follow their own penalty protocol or abide by USDA’s penalty structure. The proposed rule changes require HIOs to adopt USDA’s minimum standards for violations under the HPA.  USDA’s stated goal behind the proposed rule change is to achieve more consistency.
            
In September 2010, USDA’s Office of Inspector General (OIG) recommended that USDA develop and implement minimum standard penalties for individuals who violate the HPA. In response, USDA developed a minimum penalty protocol, and the proposed rule changes require all HIOs to follow it.

Rule Proposal

The proposed changes would require each HIO that licenses Designated Qualified Persons (DQPs) to adopt rules for minimum penalties for violations.  DQPs conduct inspections of horses.  As of the date of publication of the proposed rule changes, USDA stated eight of the twelve HIOs that license DQPs had agreed to adopt the proposed rule changes for minimum penalties. 

Minimum penalties for violators under the proposed rule could affect any owner, manager, trainer, rider, transporter, or seller, who is responsible for showing, exhibiting, or selling a horse that is sore.

AHC Comments

USDA proposed to institute minimum penalty protocols to be included by an HIO in its rulebook.  USDA is also proposing to require HIOs to adopt, assess and enforce penalties as strong as, or stronger, than the penalties set forth in the new USDA rule.  In its comments, the AHC noted that enforcing consistent and minimum penalties for HPA violators will heighten effective enforcement of the Act.  The AHC supported the proposed minimum penalties, particularly:

• Suspending all individuals involved with the showing, exhibiting, or sale of a sore horse, including the owner, manager, trainer, rider, custodian and seller.

• Requiring that any person suspended not be permitted to show, exhibit, judge or manage a show or sale during the suspension period.

• Requiring a person with multiple suspensions to serve them concurrently.

• Adding an additional six months for violations during any suspension period.

• Setting specific minimum penalties for bilateral sore violations, unilateral sore violations, scar rule violations, foreign substance violations, equipment violations, and shoeing violations.

• Requiring that a sore horse be dismissed from the remainder of the show, exhibition or sale.

• Dismissing any unruly or fractious horse from the class.

The AHC believes that the current level of funding for the HPA does not enable the Agency to oversee and enforce the HPA adequately.  In fiscal year 2007, HPA’s program budget was sufficient to send APHIS veterinarians to approximately 30 of the 463 accredited shows, or 6 percent. Given the weaknesses in the funding for the inspection process, APHIS employees need to attend more shows to ensure that horses are inspected adequately.  The AHC supports the OIG audit finding which recommended USDA seek an appropriate level of funding that will help provide for additional inspectors, training, security, and advanced detection equipment.

The AHC has worked with appropriators in Congress and requested an increase to $900,000 for the HPA to address these issues.  Unfortunately, even though the increase to $900,000 was included in the President’s FY 2012 Budget, the HPA was maintained at the previous year’s funding level.  The AHC will continue to work with Congress and USDA to obtain the appropriate level of funding needed to strengthen enforcement of the HPA.

The AHC encouraged USDA to continue to incorporate transparency and collaboration in all future HPA initiatives and to work cooperatively with the HIOs, show managers, and industry participants to ensure the industry thrives while also eliminating the act of soring.

Status

The comment period closed on July 26, 2011.  USDA is currently reviewing all the comments received.  You can review the complete AHC comments here.

AHC Position

The AHC supports the proposed rule changes and believes that enforcing consistent and minimum penalties for HPA violators will heighten effective enforcement of the Act.