Revisions to the Horse Protection Act & What It Means for You
There has been a lot of hubbub regarding the updates to the HPA. But if you’re not in the TWH world, what does it really mean for you?
Earlier this month, Colton Woods posted a video on TikTok discussing the update to the Horse Protection Act (HPA) and PEOPLE LOST THEIR MINDS. Here’s the video he posted:
@coltonwoodshorseman Replying to @Calico_Blaze ♬ original sound – ColtonWoods
For some context, the Horse Protection Act (HPA) was passed in 1970 and to prohibit the showing, sale, auction, exhibition, or transport of sored horses. Background on the HPA can be found at here.
If you haven’t kept up with our coverage of the PAST Act, “soring” is the application of any chemical (e.g., mustard oil or diesel fuel), mechanical agent (e.g., overweight chains), or practice (e.g., trimming a hoof to expose the sensitive tissue) inflicted upon any limb of a horse, that can cause or be expected to cause the horse to suffer physical pain or distress when moving. Some trainers use soring to give horses a highly animated gait in a short time period rather than spending time training them to have this gait naturally.
Here is a typical “big lick” gait, often the result of soring. Photo by the HSUS.
So, most specifically, the HPA applies to Tennessee Walking Horses and racking horses that are sored in order to develop a gait deemed desirable by some in the gaited horse showing world.
The American Horse Council (AHC) has released this advisory to inform the industry of important changes to the HPA:
As a general reminder, the HPA covers all equine breeds and disciplines to eliminate the practice of soring horses. The AHC and other industry stakeholders have engaged in numerous meetings with the United States Department of Agriculture’s Animal & Plant Health Inspection Service (USDA APHIS) to obtain clarifications and details on the new revisions to the HPA Rule.
New requirements Effective February 1, 2025: Horse show and event managers will be required to:
- Provide notice to APHIS at least 30 days in advance of the event via mail or email.
- Provide any event updates 15 days in advance of the event
- Report any violations of the horse protection act within 5 days post event
Note, the new rule defines horse show as a public display of any horses in competition except where speed is the prime factor, rodeo events, parades, or trail rides.
One of the key changes to the rule is that USDA will be responsible for training Horse Protection Inspectors which will be licensed veterinarians or individuals with extensive equine experience with a governmental agency. These will be the individuals performing inspections at events. A video of the inspection process is on the website. Historically, USDA has inspected fewer than 50 events nationally per year.
All event managers should be prepared for potential USDA inspectors onsite. It is important to note that horse show managers are liable for any HPA violations found at their show if they choose not to hire an inspector.
USDA has notified AHC that new guidance documents and further information will be posted to the Horse Protection Act Website at https://www.aphis.usda.gov/hpa. At this time, AHC does not know a timeline for when additional USDA guidance resources will be available. Individuals with questions regarding revisions to the HPA are encouraged to email [email protected] and [email protected] with the subject line “HPA Question”. This will ensure AHC stays informed and can follow-up on questions/answers.
Okay, so what does all this mean for you? Unless you actively inflict pain on the limb of a horse to gain a competitive edge, likely very little.
So where does all the panic come from? Likely from this portion of the update, “The new rule defines horse show as a public display of any horses in competition except where speed is the prime factor, rodeo events, parades, or trail ride,” as well as the language that “the HPA covers all equine breeds and disciplines.”
But here’s the part of all this that everyone is missing. If you go to HPA website and read the specifics of the update, it is made very clear that the HPA is focused on the act of soring horses. Some have been confused because the language of the law refers to “sore horses.” Here’s one instance: “Under the Horse Protection Act (HPA, or the Act, 15 U.S.C. 1821 et seq.), the Secretary of Agriculture is authorized to promulgate regulations to prohibit the movement, showing, exhibition, or sale of sore horses.”
This does seem alarming and immediately raises questions regarding how this would be enforced, where the man power would come from, etc. However, if you read just a little farther, the definition of a sore horse is clarified:
Section 2 of the Act, “Definitions” (15 U.S.C. 1821(3)), defines a “sore” horse as follows:
The term `sore’ when used to describe a horse means that:
(A) An irritating or blistering agent has been applied, internally or externally, by a person to any limb of a horse,
(B) Any burn, cut, or laceration has been inflicted by a person on any limb of a horse,
(C) Any tack, nail, screw, or chemical agent has been injected by a person into or used by a person on any limb of a horse, or
(D) Any other substance or device [1] has been used by a person on any limb of a horse or a person has engaged in a practice involving a horse, and, as a result of such application, infliction, injection, use, or practice, such horse suffers, or can reasonably be expected to suffer, physical pain or distress, inflammation, or lameness when walking, trotting, or otherwise moving, except that such term does not include such an application, infliction, injection, use, or practice in connection with the therapeutic treatment of a horse by or under the supervision of a person licensed to practice veterinary medicine in the State in which such treatment was given.”
Soring has been used almost exclusively in the training of certain Tennessee Walking Horses and racking horses [2] to induce pain, resulting in an exaggerated gait that is valued in the show ring. However, the HPA’s prohibition against sored horses participating in shows, exhibitions, sales, and auctions extends to events involving all horse breeds.[3] In addition to declaring that the soring of horses is cruel and inhumane, Congress further found that the movement, showing, exhibition, or sale of sore horses in intrastate commerce adversely affects and burdens interstate and foreign commerce and creates unfair competition.
So, for sure, this update has far-reaching implications that certainly can affect breeds and shows outside the Tennessee Walking Horse world. But, realistically, the USDA isn’t coming after your local saddle club. And if you’re involved in speed events and trail rides, it doesn’t apply to you at all.
Photo by Animal and Plant Health Inspection Service
Where it does matter is for horse show management. According to APHIS website, here are the event manager responsibilities:
When the new Horse Protection Final Rule becomes effective on February 1, 2025, event managers of all horse shows, horse exhibitions, horse sales, and horse auctions will need to notify APHIS at least 30 days in advance of their event, either by mail (see mailing address below) or emailing [email protected]. The notification must include whether event management has appointed an HPI to conduct inspections, is requesting an APHIS VMO to conduct inspections, or if event management is opting for neither (while appointing an HPI or requesting an APHIS VMO is not required, event management will be liable for any horse that was shown, exhibited, auctioned, or sold while sore).
- For any events that have Tennessee Walking Horses or racking horses, there is additional information that needs to be submitted to APHIS within 5 days following the conclusion of any horse show, exhibition, sale, or auction.
- For any event which does not include Tennessee Walking Horses or racking horses, event management will need to submit information regarding any case where a horse was prohibited by management from being shown, exhibited, sold or auctioned because it was found to be sore or otherwise in violation of the Act or regulations.
The TL;DR is this: If you don’t manage an event with TWH or racking horses, shoot an email and opt out of inspections. If you have to dismiss a horse due to being sore (see above definition — not just lame), submit information about how it was in specific violation of the HPA.
Let’s get real, folks. Chances are, most of this won’t apply to you anytime soon. That’s not to say that more regulations won’t come into play that will affect to you, but this one isn’t it.
