APHIS further postpones Horse Protection Act changes

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) is postponing the effective date of strengthened Horse Protection Act (HPA) regulations into early next year.

The HPA is a federal law that prohibits sored horses from participating in shows, exhibitions, sales, or auctions. However, soring—a painful and deliberate act of inflicting chemical or mechanical injuries on horses’ legs and hooves to force an exaggerated gait—has been used for decades in the Tennessee Walking Horse, Spotted Saddle, and Racking Horse industries. Despite existing regulations, the practice persists because of failed industry self-regulation and a lack of veterinary medical officers (VMOs) to cover the numerous events hosted every year.

The updated regulations for the HPA were to include:

• Eliminating industry self-regulation and the role of industry-backed designated qualified persons as inspectors at horse shows, exhibitions, sales, and auctions. Only APHIS inspectors and independent non-APHIS-employed horse protection inspectors screened, trained, and authorized by APHIS will have inspection authority.
• Prohibiting any device, method, practice, or substance applied to a horse that can cause or is associated with soring.
• Prohibiting on Tennessee Walking or racking horses all action devices and non-therapeutic pads, artificial toe extensions, and wedges, as well as all substances on the extremities above the hoof, including lubricants.
• Removing the scar rule from the regulations and replacing it with a more accurate description of visible dermatological changes indicative of soring.
• Amending recordkeeping and reporting requirements for management at covered events to better enforce the HPA.

The final rule was to be effective starting this past February, but on January 24, APHIS announced it was postponing the effective date, with the exception of the section authorizing the training of horse inspectors, which previously went into effect on June 7, 2024.

That’s because on January 31, Judge Matthew J. Kacsmaryk of the U.S. District Court for the Northern District of Texas issued his decision vacating most of the new regulations. Specifically, the ruling said that APHIS had exceeded its authority by issuing a blanket prohibition of the use of pads, action devices, and substances on Tennessee Walking Horses and Racking Horses. In addition, the new wording intended to replace the scar rule and the pre- and post-deprivation review of inspector decisions both failed to provide due process.

“In light of the court’s decision, we are further postponing the effective date of the portions of the final rule that have not been vacated by the district court and otherwise would go into effect on April 2, 2025. We are postponing that effective date to February 1, 2026,” APHIS information states.

Additionally, the agency is requesting public comments on whether it should further extend the postponement, and if so, additional information to help inform a decision on the appropriate length of the postponement. The AVMA and American Association of Equine Practitioners (AAEP) are working on comments for submission. The comment period will close on May 20.

Dr. Tracy Turner, AAEP president told AVMA News that the AAEP continues to strongly support strengthened regulations to the HPA “to help end the needless suffering of horses whom the act was originally intended to help.”

He continued, “However, we understand and appreciate the delay of USDA APHIS, especially if the agency is not fully prepared to properly enforce the rule and if there remains a lack of clarity and guidance about implementation of the new regulations.”

In related news, on February 27, the AVMA-endorsed Prevent All Soring Tactics Act (HR 1684) was reintroduced in the House. The legislation would strengthen protections by closing regulatory loopholes, increasing penalties, and ensuring independent inspections. The AVMA expects the Senate to follow with their companion bill later this Congress.

A version of this story appears in the June 2025 print issue of JAVMA