An equine organization is advising the U.S. government to pull back on the reins on the updated Horse Protection Act.

The American Horse Council (AHC) has requested that the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) delay the HPA’s new rules by 60 days. The revised rule, created by APHIS, is set to take effect Feb. 1, 2025.

“The AHC finds the agency is not ready to implement and/or enforce the revised regulation in a fair and consistent manner,” says Julie Broadway, AHC president, noting the organization fully supports the HPA. “[W]e remain convinced that clarity, accessibility, resources, guidance, and training — all the elements required for a successful implementation of the revised regulation — are lacking in the agency.”

Although the HPA applies to all breeds and disciplines since its inception in 1970, enforcement historically targets the elimination of soring in Tennessee Walkers, Spotted Saddle Horses and racking horses. The revised federal regulations are focusing on all shows, exhibitions, sales and auctions.

The new rule, which was published in the Federal Register in May, defines a show as a public display of any equines in competition except where speed is the prime factor, rodeo events, parades, or trail rides. This includes donkeys, mules, state fairs and 4-H shows.

The rule requires horse show and event managers to:

• Notify APHIS at least 30 days before an event via mail or email.
• Update APHIS about any changes 15 days before an event.
• Report HPA violations within 5 days after an event.

“To date, the USDA-APHIS has still not addressed big-picture, fundamental concerns on how the regulation applies to certain disciplines, or how event managers will submit the required notifications and reports, and it has not disclosed details on the availability and training of inspectors,” Broadway says. “Inspector training needs to be institutionalized with comprehensive and well-structured training materials to ensure staff interpretations of the regulation are guided by clear definitions and standard operating procedures, removing subjectivity and providing continuity of enforcement standards and procedures. We are especially concerned with the seemingly substitute of ‘hands-on’ training to online instruction.

“Without answers to these questions, the equine community is attempting to figure it out on our own,” she continues. “We are left with crossing our fingers and hoping our inventory of horseshoes will be our lucky charms to avoid noncompliance or a violation and result in penalties and fines.”

Shoeing Changes

Many of the proposed rule changes are similar to those proposed in the 2017 APHIS rule and the Prevent All Soring Tactics (PAST) Act that both houses of Congress have put forth over the past several years. The rule prohibits “any device, method, practice, or substance applied to any horse that could hide or mask evidence of soring, as well as all action devices and non-therapeutic pads and wedges, and substances applied about the hoof.”

While the current regulation prohibits pads or other devices on yearling horses that elevate or change the angle more than 1 inch at the heel, the new rule eliminates all pads unless applied for therapeutic purposes.

“Altering the angulation of a horse’s feet and legs can cause painful lameness, soreness, and inflammation by transferring concussive impact and weight-bearing pressures to joints and other parts of the horse not normally subjected to these forces,” states the rule. “Elevating the foot using stacked hoof pads, or ‘performance packages,’ can also cause an increase in tension in the tendons leading to inflammation, as can extra weight on the horse’s foot.”

Citing an unnamed Auburn University study, the rule also makes the case that raising heels with only pads results in swollen flexor tendons and inflammation. The packages limit the ability to detect pressure soring since the solar surface of the foot is covered. Pressure soring involves the use of items such as bolts, screws, hoof packing and other materials to create force on the sole to influence the horse’s gait.

Action devices are defined as “any boot, collar, chain, roller, beads, bangles, or other devices, which encircles or is placed upon the lower extremity of the leg or slide up and down the leg so as to cause friction, or which can strike the hoof, coronet band or fetlock joint.”

The rule also prohibits all artificial toe-length extensions unless it has been prescribed and receiving therapeutic treatment.

“Toe extensions can be used to sore horses by increasing stress on certain tendons and ligaments,” the rule states.

In addition, the rule also:

• Prohibits grinding or trimming the sole of the hoof to expose spongy, sensitive tissues underneath the sole.
• Prohibits the removal or trimming of normal support structures of the hoof wall. Removing the support causes the sole to bear all of the weight. This is called “rolling the sole.”
• Eliminates industry self-regulation and Designated Qualified Persons as inspectors. Authority to inspect horses at shows, exhibitions, sales and auctions will fall to “APHIS inspectors and independent non-APHIS-employed protection inspectors.” They will be screened, trained and authorized by APHIS.
• Removes the scar rule and replaces it with “a more accurate description of visible dermatological changes indicative of soring.

While the AHC calls for the delay, it recommends that APHIS moves forward with “provisions banning devices on Tennessee Walking Horses and racking horses.”

“These breeds, which historically have been subjected to soring, are the focal point of the regulation,” Broadway states. “The prohibited action devices, artificial extension of toe length, pads, wedges and lubricants on the limbs or feet of Tennessee Walking Horses and racking horses … have direct consequences for the health and welfare of these breeds.”

The AHC further recommends other actions in the interim.

• Voluntary compliance with other HPA provisions for preliminary data collection, training and communication.
• Organize meetings such as webinars with “sufficient time for questions and answers, videos on the inspection process and workshops.”
• Develop an understanding of the equine events that the agency intends to cover by consulting with the various organizations.
• Create an FAQ resource.
• Establish an online reporting portal.

“By setting clearer guidelines, publishing understandable and accessible guidance documents, and offering informational briefings, the USDA-APHIS can empower the industry with the tools it needs for compliance and a sense of confidence,” Broadway says. “Instead, we are currently navigating an environment where the lack of clear information presents opportunities for individuals and organizations to purposely take advantage of the weaknesses of a vague and complex implementation process to potentially undermine the regulation and its foundational law.”