USDA Proposes Comprehensive Revisions to Horse Protection Regulations to Align with Statutory Mandates and Ensure Due Process

The Animal and Plant Health Inspection Service of the United States Department of Agriculture published a proposed rule in the Federal Register regarding 9 CFR Part 11 under the Horse Protection Act. The regulatory action addresses prior judicial rulings that vacated portions of a May 2024 final rule and proposes withdrawing the remaining non-vacated provisions. Published on November 13, 2026, the regulatory initiative aims to ensure that agency regulations afford proper due process while aligning more closely with the statutory mandates established by Congress.

Background and Statutory Authority

Under the Horse Protection Act, the Secretary of Agriculture holds the authority to promulgate necessary regulations to eliminate the cruel practice of soring horses and to promote fair competition. Administration of the Act has been delegated to the Administrator of the Animal and Plant Health Inspection Service. The statutory framework prohibits the movement, showing, exhibition, or sale of sore horses, which Congress found to burden interstate commerce. Section 1823 of the Act requires event managements to disqualify sore horses and provides for the appointment of designated qualified persons to detect and diagnose soring.

Key Components of the Proposed Rule

The proposed regulatory changes seek to rectify discrepancies highlighted by recent federal court challenges against the May 2024 final rule. Agency officials are proposing to remove vacated provisions and withdraw non-vacated sections to establish a coherent regulatory baseline. Furthermore, the proposal introduces revised certification requirements for the training and licensing of designated qualified persons. These changes are designed to improve the reliability and consistency of inspections conducted at horse shows, exhibitions, sales, and auctions.

Additional adjustments focus on enhancing inspection procedures and the administrative process for appealing agency determinations before any disqualification by management takes effect. The rule also clarifies that if an animal is determined to be sore during an inspection, the resulting disqualification applies strictly to the specific class in which the inspection occurred rather than barring the horse from the entire event.

Public Participation and Next Steps

Interested stakeholders, legal professionals, and members of the public have until December 14, 2026, to submit comments on the proposed rule. Submissions can be made electronically through the Federal eRulemaking Portal or via postal mail directed to the regulatory analysis and development division at APHIS. Agency leadership will review all submitted comments before formulating a final rule, which will shape the future enforcement landscape under the statute.