We are writing to update you on changes to our Horse Protection program. Following a recent order from the District Court in North Texas, APHIS is making changes to the expectations for Horse Industry Organizations (HIOs) who affiliate with horse shows and the managers of horse shows, sales, and events:

APHIS will not enforce the scar rule (9 C.F.R. § 11.3) and will not require HIOs (or their Designated Qualified Persons (DQPs)) to enforce the scar rule when inspecting horses at horse shows, sales, and events. This means DQPs do not need to evaluate horses for compliance with the scar rule during their inspections. DQPs should continue to inspect horses for compliance with other Horse Protection Act regulatory requirements, including equipment standards, restrictions on prohibited substances, and soreness (meaning physical pain or inflammation (e.g., swelling, redness, loss of skin layer with active bleeding caused by soring)).

APHIS will not enforce the “no show back” policy when a horse is disqualified for noncompliance with the Horse Protection Act. This means that when show management (or an HIO acting on behalf of show management) disqualifies a horse, the horse will be disqualified from the class (not the entire show), and the horse will have the opportunity to present for inspection in another class at the same event and, if found compliant, participate in that class.

Also, please know that for the immediate future, APHIS will not refer horses to DQPs or managers for disqualification until it updates its inspection process to provide horse custodians with an opportunity to appeal APHIS’ inspection findings. APHIS will continue to attend horse shows, sales, and events to monitor DQP performance and alert HIOs of inspection-related concerns for appropriate follow-up.

We appreciate you taking the time to read this update. We look forward to working together. If you have general questions regarding the Horse Protection program, please visit our website at https://www.aphis.usda.gov/hpa. If you have any questions regarding this letter, please contact Dr. Emi Roberson at (405) 254-1804 or [email protected].