The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (USDA-APHIS) is delaying implementation of the 2024 Horse Protection Act (HPA) Final Rule until Feb. 1, 2026.

“APHIS is requesting public comments on whether the Agency should further extend the length of this postponement and is also soliciting additional information to help inform a decision on the appropriate length of the postponement,” it states in an announcement published on its website March 20, 2025. “The docket is currently on public inspection and will be available for comment at the following address beginning on March 21: https://www.regulations.gov/docket/APHIS-2022-0004. The comment period will close on May 20, 2025.”

The final rule originally was scheduled to take effect March 21, 2025. However, the Trump administration issued an executive order requesting federal agencies consider a 60-day postponement of rules published in the Federal Register but haven’t been implemented. APHIS announced Jan. 24 that it “temporarily postponed our final rule to amend the HPA regulations for 60 days from February 1 to April 2, 2025.”

Nearly 2 weeks before the new final rule was set to take effect, USDA-APHIS says it will not follow the 2024 Final Rule. Rather, it will adhere to the previous HPA.

“[A]t this time, there will be no regulatory changes between last show season and the upcoming show season,” according to a letter from Sarah Helming, deputy administrator of Animal Care USDA-APHIS, to equine industry stakeholders. “We are considering our next steps, including an additional postponement, and we expect to solicit additional stakeholder input.”

The delay came amidst a flurry of opposition from various corners of the equine industry. Agriculture commissioners from 11 states — Alabama, Florida, Kentucky, Nebraska, Nevada, North Carolina, Mississippi, Oklahoma, South Dakota, Texas and West Virginia — asked the USDA to withdraw the final rule. The American Horse Council (AHC) initially asked USDA-APHIS to postpone implementation for 60 days to shore up confusion, it called on the agency to take three steps “in support of a fair, open and comprehensive rule-making process” before the final rule takes effect April 2.

• Reopen a 60-day comment period.
• Convene a listening session for stakeholders before drafting and publishing an amendment or proposed rule.
• Delay implementing a final or amended rule by 180 days.

The AHC said it would join the state agriculture commissioners’ effort if the three conditions aren’t met.

“If this is not possible,” AHC President Julie Broadway states, “then the amendments must be rescinded.”

Yet, a lawsuit by the Tennessee Walking Horse National Celebration Association (TWHNCA) gutted part of the final rule.

On Jan. 31, the U.S. District Court for the Northern District of Texas ruled the USDA exceeded its authority in four of the five provisions contested in a lawsuit brought by the TWHNCA. The four provisions are the prohibition of action devices and pads, the prohibition of substances, the dermatologic conditions indicative of soring (DCIS) — which replaces the scar rule — and the pre- and post-deprivation review of inspector decisions. The court upholds the elimination of the designated qualified persons (DQP) program.

The HPA without the final rule protects horses, U.S. District Court Judge Matthew J. Kacsmaryk ruled. The USDA-APHIS final rule went too far, he says, when it tried to ban action devices, pads and substances — including shampoo, conditioner, polishes and fly spray.

“These current restrictions, when properly adhered to, ensure that no soring is caused by action devices or pads,” Kacsmaryk wrote. “Banning all action devices and pads only punishes owners and trainers already in compliance with existing regulations and fails to alter the behavior of incorrigible offenders.”

Although the provisions have been tossed from the HPA, several amendments remain. Most notable is the expansion of inspections for shows and competitions except rodeo events, parades, trail rides and when speed is the prime factor. Thus, state fairs, 4-H shows and other exhibitions are subject to USDA-APHIS scrutiny.

“In its current format, the HPA updated rule impacts an estimated 50,000 equine events across the country annually,” according to a letter from Broadway to USDA-APHIS. “However, less than 1% of all events are at risk of having sored horses compete (per USDA Animal Care research).”