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October 2, 2009

What Is the Horse Protection Act?

In spite of the HPA, cruel soring of Tennessee walking horse is still a common practice

In response to public outcry about the cruel treatment of Tennessee Walking Horses for the show ring, Congress passed the Horse Protection Act (HPA) of 1970. The intent of the law was to ban "soring"—the intentional infliction of pain to a horse's limbs to produce an exaggerated, artificial gait prized by some shows and judges. Despite the law's being on the books for more than 38 years, soring still persists in the Tennessee Walking Horse show industry. Ending soring is as equine welfare priority of The Humane Society of the United States.

How does the HPA work?

The HPA gives the U.S. Secretary of Agriculture the authority to send representatives to any horse show to inspect any horse for signs of soring. The Act requires that all Tennessee Walking Horses and Racking Horses at horse shows, sales, auctions and exhibitions be prevented from being shown, exhibited, auctioned or sold if they exhibit signs of soring. Any horse that wins first place at a Tennessee Walking Horse or Racking Horse show or exhibition must be re-inspected for signs of soring after their winning class.

Why hasn't the HPA worked?

From the beginning, underfunding and political pressure from industry insiders have plagued USDA's enforcement of the HPA. Lack of adequate funding prevents USDA from sending agency officials to every Tennessee Walking Horse and Racking Horse show. As a result, horse industry organizations (HIOs) are allowed to train and license their own inspectors, known as Designated Qualified Persons (DQPs), to examine horses at shows for signs of soring. With the exception of a few HIOs who are committed to ending soring, most of the HIOs are made up of industry insiders who have a clear stake in preserving the status quo.

In the past, when USDA has attempted to step up HPA enforcement, members of Congress from states where soring is prevalent have threatened to cut USDA funding. There have been reports of Tennessee Walking Horse owners and trainers threatening, intimidating and harassing USDA officials who attempt to enforce the Act.

Are there other laws that apply to soring?

Yes. Several states like Tennessee, Kentucky, California and Virginia, have passed laws specifically outlawing soring. The abuse suffered by Tennessee Walking Horses and other gaited breeds is illegal under many state animal cruelty statutes as well.

What is The HSUS doing to end soring?

The Humane Society of the United States is actively working to end soring by encouraging the USDA to step up its enforcement of the HPA; by encouraging Congress to provide more funding for the HPA; by offering awards to bring horse abusers to justice; and by supporting breed and industry organizations that promote the natural gait and humane treatment of Tennessee Walking Horses.