A Review of Methods for Detecting Soreness in Horses (2021) / Chapter Skim
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Appendix C: The Horse Protection Act of 1970 - Regulations
Appendix C: The Horse Protection Act of 1970 - Regulations
Pages 93-116
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From page 93... ...
Appendix C The Horse Protection Act of 1970 -- Regulations1 Electronic Code of Federal Regulations e‐CFR data is current as of August 29, 2019 Title 9 → Chapter I → Subchapter A → Part 11 Title 9: Animals and Animal Products PART 11 -- HORSE PROTECTION REGULATIONS Contents §11.1 Definitions. §11.2 Prohibitions concerning exhibitors. §11.3 Scar rule. §11.4 Inspection and detention of horses. §11.5 Access to premises and records. §11.6 Inspection space and facility requirements. §11.7 Certification and licensing of designated qualified persons (DQP's) . §11.20 Responsibilities and liabilities of management. §11.21 Inspection procedures for designated qualified persons (DQPs)
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From page 94... ...
A Review of Methods for Detecting Soreness in Horses attributed to them by trade usage or general usage as reflected by definition in a standard dictionary, such as "Webster's." Act means the Horse Protection Act of 1970 (Pub. L. 91‐540) as amended by the Horse Protection Act Amendments of 1976 (Pub. L. 94‐360)
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From page 95... ...
Appendix C Horse industry organization or association means an organized group of people, having a formal struc‐ ture, who are engaged in the promotion of horses through the showing, exhibiting, sale, auction, registry, or any activity which contributes to the advancement of the horse. Horse sale or horse auction means any event, public or private, at which horses are sold or auctioned, regardless of whether or not said horses are exhibited prior to or during the sale or auction. Horse show means a public display of any horses, in competition, except events where speed is the prime factor, rodeo events, parades, or trail rides. Inspection means the examination of any horse and any records pertaining to any horse by use of what‐ ever means are deemed appropriate and necessary for the purpose of determining compliance with the Act and regulations. Such inspection may include, but is not limited to, visual examination of a horse and records, actual 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 shoe, pad, action device, or any other equipment, substance or paraphernalia from the horse when deemed necessary by the person conducting such inspection. Lubricant means mineral oil, glycerine or petrolatum, or mixtures exclusively thereof, that is applied to the limbs of a horse solely for protective and lubricating purposes while the horse is being shown or exhibited at a horse show, horse exhibition, horse sale or horse auction. Management means any person or persons who organize, exercise control over, or administer or are responsible for organizing, directing, or administering any horse show, horse exhibition, horse sale or horse auction and specifically includes, but is not limited to, the sponsoring organization and show manager. Person means any individual, corporation, company, association, firm, partnership, society, organization, joint stock company, or other legal entity. Regional Director means the APHIS veterinarian who is assigned by the Administrator to supervise and perform official duties of APHIS under the Act in a specified State or States.1 1Information as to the name and address of the Regional Director for the State or States concerned can be obtained by writing to the Animal and Plant Health Inspection Service, Animal Care, 4700 River Road Unit 84, Riverdale, MD 20737‐1234. Secretary means the Secretary of Agriculture or anyone who has heretofore or may hereafter be dele‐ gated authority to act in his stead. Show manager means the person who has been delegated primary authority by a sponsoring organiza‐ tion for managing a horse show, horse exhibition, horse sale or horse auction. Sore when used to describe a horse means: (1) An irritating or blistering agent has been applied, internally or externally by a person to any limb of a horse, (2)
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From page 96... ...
A Review of Methods for Detecting Soreness in Horses (3) Any tack, nail, screw, or chemical agent has been injected by a person into or used by a person on any limb of a horse, or (4)
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From page 97... ...
Appendix C (ii) Boots, collars, or any other devices that weigh more than 6 ounces, except for soft rubber or soft leather bell boots and quarter boots that are used as protective devices. (8)
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From page 98... ...
A Review of Methods for Detecting Soreness in Horses (18) Shoeing a horse, or trimming a horse's hoof in a manner that will cause such horse to suffer, or can reasonably be expected to cause such horse to suffer pain or distress, inflammation, or lameness when walking, trotting, or otherwise moving. (19)
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From page 99... ...
Appendix C §11.3 Scar rule. The scar rule applies to all horses born on or after October 1, 1975. Horses subject to this rule that do not meet the following scar rule criteria shall be considered to be "sore" and are subject to all prohibitions of section 5 of the Act. The scar rule criteria are as follows: (a) The anterior and anterior‐lateral surfaces of the fore pasterns (extensor surface)
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From page 100... ...
A Review of Methods for Detecting Soreness in Horses marked for identification and any such identifying markings shall not be removed by any person other than an APHIS representative. (d) Detained horses shall be kept under the supervision of an APHIS representative or secured under an official USDA seal or seals in a horse stall, horse trailer, or other facility to which access shall be limited. It shall be the policy of APHIS to have at least one representative present in the immediate detention area when a horse is being held in detention. The official USDA seal or seals may not be broken or removed by any person other than an APHIS representative, unless: (1)
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From page 101... ...
Appendix C (1) Such request is made to the APHIS Show Veterinarian immediately after the horse has been examined by APHIS representatives and before such horse has been removed from the APHIS inspection facilities; and (2)
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From page 102... ...
A Review of Methods for Detecting Soreness in Horses §11.6 Inspection space and facility requirements. The management of every horse show, horse exhibition, or horse sale or auction, containing Tennessee Walking Horses or racking horses, shall provide, without fee, sufficient space and facilities for APHIS represent‐ atives to carry out their duties under the Act and regulations at every horse show, horse exhibition, or horse sale or auction, containing Tennessee Walking Horses or racking horses, whether or not management has re‐ ceived prior notification or otherwise knows that such show may be inspected by APHIS. The management of every horse show, horse exhibition, horse sale or auction which does not contain Tennessee Walking Horses or racking horses shall provide, without fee, such sufficient space and facilities when requested to do so by APHIS representatives. With respect to such space and facilities, it shall be the responsibility of management to provide at least the following: (a) Sufficient space in a convenient location to the horse show, horse exhibition, or horse sale or auction arena, acceptable to the APHIS Show Veterinarian, in which horses may be physically, thermographically, or otherwise inspected. (b)
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From page 103... ...
Appendix C industry organization or association whose DQP program has been certified by the Department under this part without undergoing the formal training requirements set forth in this section. (2) Farriers, horse trainers, and other knowledgeable horsemen whose past experience and training would qualify them for positions as horse industry organization or association stewards or judges (or their equivalent)
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From page 104... ...
A Review of Methods for Detecting Soreness in Horses time, duration, subject matter, and geographic location of such clinics or seminars must be sent to the Admin‐ istrator6 at least 10 days prior to each such clinic or seminar. (v) One hour of classroom instruction regarding the DQP standards of conduct promulgated by the licens‐ ing organization or association pursuant to paragraph (d)
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From page 105... ...
Appendix C (2) Submit a list to the Administrator6 of names and addresses including street address or post office box and zip code, of all DQP's that have successfully completed the certified DQP program and have been licensed under the Act and regulations by such horse industry organization or association; 6See footnote 6 to this section. (3)
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From page 106... ...
A Review of Methods for Detecting Soreness in Horses (vii) A detailed description of all of the DQP's findings and the nature of the alleged violation, or other reason for disqualifying or excusing the horse, including said DQP's statement regarding the evidence or facts upon which the decision to disqualify or excuse said horse was based. (viii)
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From page 107... ...
Appendix C (ii) The name of the horse and the reason why said horse was excused, disqualified, or alleged to be in violation of the Act or its regulations. (5)
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From page 108... ...
A Review of Methods for Detecting Soreness in Horses 7Hearing would be in accordance with the Uniform Rules of Practice for the Department of Agriculture in subpart H of part 1, subtitle A, title 7, Code of Federal Regulations (7 CFR 1.130 et seq.)
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From page 109... ...
Appendix C §11.20 Responsibilities and liabilities of management. (a) The management of any horse show, horse exhibition, or horse sale or auction which does not appoint and retain a DQP shall be responsible for identifying all horses that are sore or otherwise in violation of the Act or regulations, and shall disqualify or disallow any horses which are sore or otherwise in violation of the Act or regulations from participating or competing in any horse show, horse exhibition, horse sale, or horse auction. Horses entered for sale or auction at a horse sale or horse auction must be identified as sore or otherwise in violation of the Act or regulations prior to the sale or auction and prohibited from entering the sale or auction ring. Sore horses or horses otherwise in violation of the Act or regulations that have been entered in a horse show or horse exhibition for the purpose of show or exhibition must be identified and excused prior to the show or exhibition. Any horses found to be sore or otherwise in violation of the Act or regulations during actual participation in the show or exhibition, must be removed from further participation prior to the tyeing of the class or the completion of the exhibition. All horses tyed first in each Tennessee Walking Horse or racking horse class or event at any horse show or horse exhibition shall be inspected after being shown or exhibited to de‐ termine if such horses are sore or otherwise in violation of the Act or regulations. (b)
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From page 110... ...
A Review of Methods for Detecting Soreness in Horses (3) The DQP shall immediately report, to the management of any horse show, horse exhibition, or horse sale or auction, any horse which, in his opinion, is sore or otherwise in violation of the Act or regulations. Such report shall be made, whenever possible, before the show class or exhibition involving said horse has begun or before said horse is offered for sale or auction. (c)
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From page 111... ...
Appendix C (c) The DQP may carry out additional inspection procedures as he deems necessary to determine whether the horse is sore. (d)
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From page 112... ...
A Review of Methods for Detecting Soreness in Horses (c) The management of any horse show, horse exhibition, or horse sale or auction containing Tennessee Walking Horses or racking horses shall furnish to any APHIS representative, upon request, the name and ad‐ dress (including street address, or post office box, and ZIP code)
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From page 113... ...
Appendix C (Approved by the Office of Management and Budget under control number 0579‐0056) [44 FR 25179, Apr. 27, 1979, as amended at 48 FR 57471, Dec. 30, 1983; 55 FR 41994, Oct. 17, 1990; 56 FR 13750, Apr. 4, 1991; 63 FR 62927, Nov. 10, 1998]
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From page 114... ...
A Review of Methods for Detecting Soreness in Horses (i) Before or during the show, exhibition, sale, or auction. The horse must be dismissed from the remainder of the horse show, exhibition, sale, or auction. (ii)
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From page 115... ...
Appendix C exhibition, sale, or auction to determine compliance with the Act as provided in §11.4 of the regulations and shall furnish to any APHIS representatives upon his request the following information: (1) Name and address (including street address, post office box, and ZIP code)
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