Horse protection act

---

CONCERNING HORSES

December 20:  The Horse Protection Act, originally passed in 1970 to prevent the intentional soring of Tennessee Walking Horses, racking horses and spotted saddle horses, is a Federal law that prohibits sored horses from participating in shows, exhibitions, sales or auctions. It also prohibits the transportation of sored horses to or from any of these events.  Beginning February 1, 2025, a change to the Horse Protection Act (HPA) will expand the scope to allow USDA-APHIS to inspect horses for intentional soring at all horse shows, exhibitions, and sales. 

The American Horse Council has requested a delay to the expected implementation on February 1, 2025, in addition to AQHA seeking available options to stop or delay implementation. If this should be implemented as currently planned, an event would need to provide an area for horse testing and review of entry documents. 

AQHA is working with the American Horse Council to minimize any probable negative impacts on the equine industry.  The AQHA Show and Animal Welfare Departments are actively monitoring the information regarding the regulations, and are committed to gathering correct information and answers regarding the program.   

According to Western Justice, the revised version of the HPA could devastate all levels of horse show communities and effectively cripple much of the equine industry in the United States.  For example, as of February 1, 2025, horse event managers must:

• 30 days prior to event:  Notify APHIS of the event, specifying whether or not they are hiring/requesting an inspector.

• 15 days prior to event:  Notify APHIS of any event updates.

• Within 5 days after conclusion of the event:  Report any violations of the Horse Protection Act to the APHIS regional director.

• During/after the event:  

o Allow free and uninhibited access by HPIs to records, barns, horse trailers, stables, stalls, arenas, and all other show or exhibition grounds.

o Verify identity of each horse entered at a show, exhibition, sale, or auction 

o Maintain all horse show and exhibition records for 90 days and make available to inspectors.

If an event manager chooses not to request or hire a USDA inspector, he/she is then liable for any HPA violations found at his/her event. 

AQHA is communicating with USDA-APHIS to allow AQHA to report approved shows and is also working to identify what information is necessary for post-show reports. 

According to Western Justice, below is a partial list of what the new rules could mean for horse owners:

• Anything that could make a horse sore, lame, or irritated are prohibited.  Sore muscles from a focused training session or a small rub from an incorrectly fitted bell boot could be equated to intentional soring.  The lead USDA veterinarian, Dr. Aaron Rhyner, even went so far as to say that he could see how just riding a horse could be considered to be a type of soring.

• Any substance that could make a horse sore or have an inflammatory reaction is prohibited, including therapeutic liniment

• No substances may be used on the limbs of a horse, including skin and hair conditioners or fly spray.

• Any participant with horses is subject to liability, including agents, haulers, trainers, vendors, supporters, and sponsors.

• Mandatory rest periods must be observed during shows, exhibitions, sales, and auctions.

• Any information requested must be provided to inspectors on demand.

• Horses’ legs must be blemish-free, including dermatologic conditions such as irritation, moisture, edema, swelling, redness, epidermal thickening, loss of hair, or other evidence of inflammation. 

• Horse inspections may include, but are not limited to, “visual inspection of a horse and review of records, physical examination of a horse, including touching, rubbing, palpating, and observation of vital signs, and the use of any diagnostic device or instrument, and may require the removal of any shoeor any other equipment, substance, or paraphernalia from the horse when deemed necessary by the professional conducting such inspection.

• Horses can be detained by HPIs for 24 hours.

• Therapeutic treatments, including massage, chiropractic treatments, and PMF must be administered or overseen by qualified veterinarians

• Complete veterinary records must be kept and maintained for horses receiving therapeutic treatment of any kind.

• Requirements for shipping and transporting horses.

• Any horse winning first place in a class is required to be re-inspected.

• Horses that receive a rub or blemish while competing are subject to HPA violations, even if the horse passed inspection prior to entering the ring.

Animal extremists have not only persisted in their attacks of the TWH industry, but also in seeking to expand the definition of “soring” to encompass as much of the horse industry as possible.  With several major breed associations, numerous competition organizations, and hundreds of horse sales in the nation, there are thousands and thousands of horses competing or selling that would require inspection by the new HPA.  While the USDA expanded the scope of the HPA, they have at the same time drastically reduced the number of possible inspectors by eliminating the use of third-party designated qualified persons (DQPs) that have historically been utilized.  The USDA’s APHIS is now solely responsible for training and employing Horse Protection Inspectors (HPIs), who must be licensed veterinarians or veterinary technicians. 

Several Western Justice team members attended a recent HPA webinar hosted by the USDA.  During the Q&A period, the Western Justice questions went unanswered and the USDA left the call a half hour early.

Western Justice is taking action to stop the HPA revisions.  They have created the Western Horse Coalition, uniting organizations against these new rules.

AQHA will share information regarding details and the process as more becomes known. For accurate information please contact Ward Stutz, AQHA’s Director of Breed Integrity/Animal Welfare/Education at wstutz@aqha.org, or Scott Neuman, AQHA’s Director of Competition at sneuman@aqha.org. 

UPDATES ON THE HPA

January 24:  USDA APHIS issued a “Final rule; postponement of regulation” to be filed with the OFR on 1/28/25.  This states “we are issuing a temporary postponement of the effective date of [the HPA] regulations for 60 days, from February 1, 2025, to April 2, 2025.”

January 20:  In the January 20th Executive Orders signed, one titled “Regulatory Freeze Pending Review” stated, “consider postponing for 60 days Federal Register, or any rules that have been issued in any manner but have not taken effect, for the purpose of reviewing any questions of fact, law, and policy that the rules may raise. 

January 16:  James Comer, Chairman, Committee on Oversight and Government Reform, notified the Trump-Vance Transition Team of the USDA’s failure to provide clear guidance related to the HPA and called on the incoming Trump Administration and new USDA leadership to abolish the rule.

Background:  In 2024, the Oversight Committee received allegations that the Assistant Director of USDA’s APHIS sent an e-mail to horse show representatives detailing new competition inspection requirements just two hours prior to a competition, without warning or prior notification.  On August 9, Chairman Comer called on the OIG to initiate a review, while the Oversight Committee sought documents and information to enable oversight of APHIS’s role in enforcing the HPA.  In addition, Comer issued a subpoena to a key official at the USDA to further investigate the USDA’s arbitrary enforcement of the HPA and the final rule; the USDA produced only limited documents and answers, which raised additional questions. https://www.aphis.usda.gov/hpa
https://www.westernjustice.info/_files/ugd/13c429_06706ed6b69745beb0bcfee5f51c76a3.pdf
https://www.federalregister.gov/documents/2024/05/08/2024-09469/horse-protection-amendments
https://www.westernjustice.info/_files/ugd/72d0c8_298cbf4207e844c3a8485dbe7eb4bf15.pdf
https://www.federalregister.gov/documents/2024/05/08/2024-09469/horse-protection-amendments
https://www.ruralamericainaction.com/fb_share.php?type=petition&s=stop-the-horse-protection-act

OTHER ISSUES CONCERNING HORSES

December 17:  Horses originating from or that have resided in El Salvador within the 60 days immediately preceding export to the United States must complete the established import screwworm protocol.

CONCERNING AGRICULTURE

BILLS INTRODUCED IN THE MONTANA LEGISLATURE:  The following Agriculture, Livestock, Taxation bills have been introduced, thus far.

· HB6: Renewable Resource Grants– Sponsored by John Fitzpatrick, Introduced 12/11/24

· HB27:  Remove Automatic Agricultural Classification for Certain Parcels – Sponsored by Sherry Essmann, Introduced 12/06/24

· HB80:  Provide Cash Lease-only Bidding for Agriculture Leases – Sponsored by Randyn Gregg, Introduced 12/12/24, Passed (H) Committee 1/06/25, Passed House 12/12/24.

· HB108: Eliminate Reference to Personal Property Farm Manual for Property Tax Purposes – Sponsored by Eric Tilleman, Introduced 12/20/24, Passed (H) Committee 1/06/25, Passed House 12/20/24.

· HB 119:  Establish the Montana Cattle Committee –Sponsored by Brandon Ler, Introduced 1/06/25, Passed (H) Committee 1/07/25

· HB 171:  Eliminate Montana Alfalfa Seed Committee – Sponsored by Eric Tilleman, Introduced 1/10/25, Passed (H) Committee 1/10/25

· HB 212:  Limit Liability of Agricultural Vehicles – Sponsored by Ed Byrne, Introduced 1/15/25.

· HB269: Eliminate the Organic Commodity Advisory Council – Sponsored by Eric Tilleman, Introduced 1/21/25.

· SB4:  Revise Taxation of Homesite on Certain Agricultural Property – Sponsored by Becky Beard, Introduced 11/19/24

· SB78:  Revise Laws Related to Marking Hides and Meat – Sponsored by Josh Kassmier, Introduced 12/27/24.

· SB79:  Repeal Laws Related to Inspection of Animals in Feedlots – Sponsored by Josh Kassmier, Introduced 12/27/24.

· SB 96:  Establish Working Animal Protection Act – Sponsored by John Fuller, Introduced 1/06/25. (This bill adds a new section stating, “The right to utilize a working animal for the benefit and welfare of the working animal or the individual the working animal serves is guaranteed.”)

· SB99:  Revise Unrelated Business Taxable Income to Include Certain Rental and Accommodations Income– Sponsored by Becky Beard, Introduced 1/06/25.

· SB155: Create Food Safety Panel– Sponsored by Daniel Emrich, Introduced 1/15/25

· SB161: Provide for Regulation and Sale of Aquaculture – Sponsored by Greg Hertz, Introduced 1/15/25.

December 20:  The USDA announced the final $300 million in assistance to distressed direct and guaranteed farm loan borrowers under Section 22006 of the Inflation Reduction Act. Over the past two years, USDA assisted distressed borrowers in retaining their land and continuing their agricultural operations. Since August 2022, USDA has provided approximately $2.5 billion in assistance to more than 47,800 distressed borrowers.   
https://www.fsa.usda.gov/news-events/news/12-20-2024/usda-announces-final-300-million-automatic-assistance-distressed-farm

December 17:  Effective December 10, 2024, and until further notice, the USDA APHIS Veterinary Services is restricting the importation of animal commodities originating from or transiting El Salvador based on the confirmation of New World screwworm in cattle. 

December 13:  The USDA APHIS is reminding all animal caretakers of the critical importance of biosecurity in protecting animals from Highly Pathogenic Avian Influenza (HPAI) H5N1. 

December 12:  The Farm Credit Administration board receives quarterly report on conditions in agriculture and the Farm Credit System.
https://www.fca.gov/template-fca/about/2024DecQuarterlyReportonFCSCondition.pdf

December 9:  The U.S. Department of Agriculture (USDA) Farm Service Agency’s (FSA) $2 billion Marketing Assistance for Specialty Crops (MASC) program, aimed at helping specialty crop producers expand markets and manage higher costs, is now accepting applications from Dec. 10, 2024 through Jan. 8, 2025.
https://www.fsa.usda.gov/news-events/news/12-09-2024/new-marketing-assistance-now-available-specialty-crop-producers

MISCELLANEOUS

December 31:  Cats consuming raw milk or raw cat food (e.g., Northwest Naturals, Monarch Raw Pet Food), have been diagnosed with H5 bird flu.  As of this date the cats were in OR & CA.  Cats infected with H5 can develop severe illness that can include neurologic signs, respiratory signs or liver disease that can rapidly lead to death.  There have been no human cases of bird flu associated with house cats.  Most human cases of bird flu in the US (66 cases in 10 states) involve people who had direct contact with infected cattle or livestock.  In addition, The FDA said it plans to collect 300 samples of raw cow's milk cheese that has been aged for at least 60 days from warehouses and distribution centers across the country.
https://abcnews.go.com/Health/fda-testing-aged-raw-cows-milk-cheese-bird-flu/story?id=117222065
https://abcnews.go.com/Health/5-house-cats-sick-after-bird-flu-found/story?id=117240072

December 19:  The USDA announced a $4.5 million investment to create three additional USDA Nutrition Hubs. The hubs will support effective, translatable and scalable approaches to advance food and nutrition security and reduce the burden of diet-related chronic diseases, especially in underserved, at-risk communities.  

December 17:  The USDA FSIS announced several new steps to strengthen the agency’s oversight of food processing facilities it regulates (meat, poultry and egg products) and ensure safe food.
https://www.fsis.usda.gov/news-events/news-press-releases/fsis-announces-stronger-measures-protect-public-listeria

FROM GOVERNOR GIANFORTE’S OFFICE

January 17:  Governor Gianforte announced the appointment of Jillien Streit as Director of the Montana Department of Agriculture (MDA).  Streit currently serves as the financial controller at Flat Acre Farms in Chester.  In 2014, she founded Stricks Ag, a merchandiser of high-quality, high-demand grains.  Streit is a past president of the Hill-Liberty-Blaine County Farm Bureau and previously served as a member of the Montana Pulse Crop Committee.

December 31:  Together with Montana Department of Livestock and the Montana Department of Fish, Wildlife and Parks, Governor Gianforte is suing to halt the implementation of Yellowstone National Park’s Bison Management Plan, alleging that the adoption of the plan by NPS violates several federal laws.

December 19:  Governor Gianforte, Senator Steve Daines, Representative Ryan Zinke and the Montana Department of Labor & Industry announced that the state has received a grant award for $3.5 million to support workers recently laid off from the Sibanye-Stillwater Mine.