Horse Protection Act of 1970

§§ 1821–1831[a]) is a United States federal law, under which the practice of soring is a crime punishable by both civil and criminal penalties, including fines and jail time.

The Horse Protection Act of 1970 is enforced by the Animal and Plant Health Inspection Service (APHIS), a branch of the United States Department of Agriculture (USDA).

Several methods are used to detect violations of the act, including observation, palpation and gas chromatography/mass spectrometry to identify chemicals on horses' legs.

The amendment would allow only USDA employees to perform inspections, toughen penalties for violations, and outlaw the use of action devices and "stacks", or layers of pads attached to the bottom of the front hooves.

Thus began the use of irritants, including chemicals and physical objects, or abusive shoeing and hoof-trimming practices on the front legs.

Attempting to relieve the pain in its legs, a sored horse lifts its front feet off the ground more quickly, creating a flashier gait.

[2] However, public opposition to the practice also grew, and in 1966, the American Horse Protection Association was created in part to address the issue of soring.

In 1969, Senator Joseph Tydings sponsored legislation to prohibit soring, leading to the passing of the Horse Protection Act in 1970,[3] amended in 1976.

[5] As originally enacted, the Horse Protection Act was to be enforced by Animal and Plant Health Inspection Service (APHIS), a branch of the USDA.

[10][11] In June 2012, the USDA published a new rule requiring violations found by HIOs to have penalties assessed at a rate equal to or exceeding those given by APHIS inspectors.

Previously, HIOs were allowed to set their own penalty rates, resulting in some organizations acting leniently towards violators of the HPA.

[12] For the first decades following passage of the act, foreign substances applied to the legs, including chemicals, were detected by feel, sight or smell.

[17] The organization pointed out that despite over three decades of work, the HPA law had failed to prevent sored horses from being trained, shown, and sold.

[10] The federal Office of Inspector General found in 2010 that the self-enforcement system of HIOs and DQPs was inadequate for eliminating the practice of soring.

Representatives Ed Whitfield, a Republican from Kentucky, and Steve Cohen, a Democrat from Tennessee, proposed HR 6388, titled the "Horse Protection Act Amendments of 2012".

[22][28] The President and executive committee of the Tennessee Walking Horse Breeders' and Exhibitors' Association (TWHBEA) voted to support this legislation, but the full board of directors chose not to.

[29] The initial bill was supported by several outside organizations, including the AAEP, the American Veterinary Medical Association (AVMA) and the Humane Society of the United States (HSUS).

X-Ray image of a "performance package" on a Tennessee Walking Horse, showing shoe and "stacks" – multiple pads, extra nails placed in pads to add weight to the foot, possibly pressure on the sole – and band across hoof to hold it all on.
"Stacks", or layers of pads attached to the front hooves, legal as of 2015 but which could be prohibited under proposed new amendments.
A "big lick" Tennessee Walker wearing legal action devices in 2013. This horse passed USDA inspection to be allowed to compete. [ 7 ]
A Tennessee Walking Horse, one of the breeds most affected by the act