Please note: These regulations have been typeset for this website from the copy of the regulations provided to the Missouri Fox Trotting Horse Breed Association, Inc., by the USDA for our use in disseminating this information to our Board and Directors and membership. Every effort has been made to assure that it is an exact duplication in wording. Format has been altered somewhat for readability on this website. Footnotes in the original text are in red, with all footnotes listed at the end of the text.
HORSE PROTECTION REGULATIONS
Sec.
§ 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 (DQP's).
§ 11.22 Records required and disposition thereof.
§ 11.23 Inspection of records.
§ 11.24 Reporting by management.
§ 11.40 Prohibitions and requirements concerning persons
involved in transportation of certain horses.
§ 11.41 Reporting required of horse industry organizations
or associations.
AUTHORITY: 15 U.S.C. 1823, 1824, 1825, and 1828: 44 U.S.C. 3506.
SOURCE: 44 FR 25179, Apr. 27, 1979, unless otherwise noted.
§ 11.1 Definitions.
For the purpose of this
part, unless the context otherwise requires, the following terms shall have the
meanings assigned to them in this section. The singular form shall also impart
the plural and the masculine form shall also impart the feminine. Words of art
undefined in the following paragraphs shall have the meaning 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), 15 U.S.C. 1821 et seq., and any legislation
amendatory thereof.
Action Device means
any boot, collar, chain, roller, or other device which encircles or is placed
upon the lower extremity of the leg of a horse in such a manner that it can
either rotate around the leg, or slide up and down the leg so as to cause
friction, or which can strike the hoof, coronet band or fetlock joint.
Administrator means
the Administrator, Animal and Plant Health Inspection Service, or any person
authorized to act for the Administrator.
Animal and Plant Health
Inspection Service (APHIS) means the Animal and Plant Health Inspection
Service of the United States Department of Agriculture.
APHIS representative
means any employee of APHIS, or any officer or employee of any State agency who
is authorized by the Administrator to perform inspections or any other functions
authorized by the Act, including the inspection of the records of any horse
show, horse exhibition, horse sale or horse auction.
APHIS Show Veterinarian
means the APHIS Doctor of Veterinary Medicine responsible for the immediate
supervision and conduct of the Department's activities under the Act at any
horse show, horse exhibition, horse sale or horse auction.
Department means
the United States Department of Agriculture.
Designated Qualified Person or DQP means a person meeting the requirements specified in § 11.7 of
this part who has been licensed as a DQP by a horse industry organization or
association having a DQP program certified by the Department and who may be
appointed and delegated authority by the management of any horse show, horse
exhibition, horse sale or horse auction under section 4 of the Act to detect or
diagnose horses which are sore or to otherwise inspect horses and any records
pertaining to such horses for the purposes of enforcing the Act.
Exhibitor means (1)
any person who enters any horse, any person who allows his horse to be entered,
or any person who directs or allows any horse in his custody or under his
direction, control or supervision to be entered in any horse show or horse
exhibition; (2) any person who shows or exhibits any horse, any person who
allows his horse to be shown or exhibited, or any person who directs or allows
any horse in his custody or under his direction, control, or supervision to be
shown or exhibited in any horse show or horse exhibition; (3) any person who
enters or presents any horse for sale or auction, any person who allows his
horse to be entered or presented for sale or auction, or any person who allows
any horse in his custody or under his direction, control, or supervision to be
entered or presented for sale or auction in any horse sale or horse auction; or
(4) any person who sells or auctions any horse, any person who allows his horse
to be sold or auctioned, or any person who directs or allows any horse in his
custody or under his direction, control, or supervision to be sold or auctioned.
Horse means any
member of the species Equus caballus.
Horse Exhibition
means a public display of any horses, singly or in groups, but not in
competition, except events where speed is the prime factor, rodeo events,
parades, or trail rides.
Horse Industry
Organization or Association means an organized group of people, having a
formal structure, 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
whatever 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
Secretary means the
Secretary of Agriculture or anyone who has heretofore or may hereafter be
delegated authority to act in his stead.
Show Manager means
the person who has been delegated primary authority by a sponsoring organization
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) Any burn, cut,
or laceration has been inflicted by a person on any limb of a horse,
(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) Any other substance or device has
been used by a person on any limb of a horse or a person has engaged in a
practice involving a horse, and, as a result of such application, infliction,
injection, use, or practice, such horse suffers, or can reasonably be expected
to suffer, physical pain or distress, inflammation, or lameness when walking,
trotting, or otherwise moving, except that such term does not include such an
application, infliction, injection, use, or practice in connection with the
therapeutic treatment of a horse by or under the supervision of a person
licensed to practice veterinary medicine in the State in which such treatment
was given.
Sponsoring Organization
means any person under whose immediate auspices and responsibility a horse show,
horse exhibition, horse sale, or horse auction is conducted.
State means any of
the several States, the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa, or the Trust Territory of the Pacific
Islands.
[44 FR 1561, Jan. 5, 1979, as FR 67612, Dec. 30, 1994; 63 FR 62927, Nov. 10, 1998]
§ 11.2 Prohibitions
concerning exhibitors.
(a) General prohibitions. Notwithstanding the
provisions of paragraph (b) of this section, no chain, boot, roller, collar,
action device, nor any other device, method, practice, or substance shall be
used with respect to any horse at any horse show, horse exhibition, or horse
sale or auction if such use causes or can reasonably be expected to cause such
horse to be sore.
(b) Specific prohibitions.
The use of any of the following devices, equipment, or practices on any horse at
any horse show, horse exhibition, or horse sale or auction is prohibited:
(1) All beads, bangles,
rollers, and similar devices, with the exception of rollers made of lignum vitae
(hardwood), aluminum, or stainless steel, with individual rollers of uniform
size, weight and configuration, provided each such device may not weigh more
than 6 ounces, including the weight of the fastener.
(2) Chains weighing more than 6 ounces each, including
the weight of the fastener.
(3) Chains with links
that are not of uniform size, weight and configuration; and, chains that have
twisted links or double links.
(4) Chains that have
drop links on any horse that is being ridden, worked on a lead, or otherwise
worked out or moved about.
(5) More than one
action device on any one limb of a horse.
(6) Chains or lignum
vitae, stainless steel, or aluminum rollers which are not smooth and free of
protrusions, projections, rust, corrosion, or rough or sharp edges.
(7)(i) Boots, collars,
or any other devices, with protrusions or swellings, or rigid, rough, or sharp
edges, seams or any other abrasive or abusive surface that may contact a horse's
leg; and
(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) Pads or other
devices on yearling horses (horses up to 2 years old) that elevate or change the
angle of such horses' hooves in excess of 1 inch at the heel.
(9) Any weight on
yearling horses, except a keg or similar conventional horseshoe, and any
horseshoe on yearling horses that weighs more than 16 ounces.
(10) Artificial
extension of the toe length, whether accomplished with pads, acrylics or any
other material or combinations thereof, that exceeds 50 percent of the natural
hoof length, as measured from the coronet band, at the center of the front
pastern along the front of the hoof wall, to the distal portion of the hoof wall
at the tip of the toe. The artificial extension shall be measured from the
distal portion of the hoof wall at the tip of the toe at a 90 degree angle to
the proximal (foot/hoof) surface of the shoe.
(11) Toe length that
does not exceed the height of the heel by 1 inch or more. The length of the toe
shall be measured from the coronet band, at the center of the front pastern
along the front of the hoof wall to the ground. The heel shall be measured from
the coronet band, at the most lateral portion of the rear pastern, at a 90
degree angle to the ground, not including normal caulks at the rear of a
horseshoe that do not exceed 3/4 inch in length. That portion of caulk at the
rear of a horseshoe in excess of 3/4 of an inch shall be added to the height of
the heel in determining the heel/toe ratio.
(12) Pads that are not
made of leather, plastic, or a similar pliant material.
(13) Any object or
material inserted between the pad and the hoof other than acceptable hoof
packing, which includes pine tar, oakum, live rubber, sponge rubber, silicone,
commercial hoof packing or other substances used to maintain adequate frog
pressure or sole consistency.
(14) Single or double
rocker-bars on the bottom surface of horseshoes which extend more than 1 1/2
inches back from the point of the toe, or which would cause, or could reasonably
be expected to cause, an unsteadiness of stance in the horse with resulting
muscle and tendon strain due to the horse's weight and balance being focused
upon a small fulcrum point.
2
(15) Metal hoof bands,
such as used to anchor or strengthen pads and shoes, placed less than 1/2 inch
below the coronet band.
(16) Metal hoof bands
that can be easily and quickly loosened or tightened by hand, by means such as,
but not limited to, a wing-nut or similar fastener.
(17) Any action device
or any other device that strikes the coronet band of the foot of a horse except
for soft rubber or soft leather bell boots that are used as protective devices.
(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) Lead or other
weights attached to the outside of the hoof wall, the outside surface of the
horseshoe, or any portion of the pad except the bottom surface within the
horseshoe. Pads may not be hollowed out for the purpose of inserting or affixing
weights, and weights may not extend below the bearing surface of the shoe.
Hollow shoes or artificial extensions filled with mercury or similar substances
are prohibited.
(c) Substances. All
substances are prohibited on the extremities above the hoof of any Tennessee
Walking Horse or racking horse while being shown, exhibited, or offered for sale
at any horse show, horse exhibition, or horse sale or auction, except lubricants
such as glycerine, petrolatum, and mineral oil, or mixtures thereof: Provided,
That:
(1) The horse show,
horse exhibition, or horse sale or auction management agrees to furnish all such
lubricants and to maintain control over them when used at the horse show, horse
exhibition, or horse sale or auction.
(2) Any such lubricants
shall be applied only after the horse has been inspected by management or by a
DQP and shall only be applied under the supervision of the horse show, horse
exhibition, or horse sale, or auction management.
(3) Horse show, horse
exhibition, or horse sale or auction management makes such lubricants available
to Department personnel for inspection and sampling as they deem necessary.
(d) Competition
restrictions -- 2 Year-Old Horses. Horse show or horse exhibition workouts or
performances of 2-year-old Tennessee Walking Horses and racking horses and
working exhibitions of 2-year-old Tennessee Walking Horses and racking horses
(horses eligible to be shown or exhibited in 2-year-old classes) at horse sales
or horse auctions that exceed a total of 10 minutes continuous workout or
performance without a minimum 5-minute rest period between the first such
10-minute period and the second such 10-minute period, and, more than two such
10-minute periods per performance, class, or workout are prohibited.
(e) Information
requirements -- horse related. Failing to provide information or providing any
false or misleading information required by the Act or regulations or requested
by Department representatives, by any person that owns, trains, shows, exhibits,
or sells or has custody of, or direction or control over any horse shown,
exhibited, sold, or auctioned or entered for the purpose of being shown,
exhibited, sold, or auctioned at any horse show, horse exhibition, or horse sale
or auction is prohibited. Such information shall include, but is not limited to:
Information concerning the registered name, markings, sex, age, and legal
ownership of the horse; the name and address of the horse's training and/or
stabling facilities; the name and address of the owner, trainer, rider, any
other exhibitor, or other legal entity bearing responsibility for the horse; the
class in which the horse is entered or shown; the exhibitor identification
number; and, any other information reasonably related to the identification,
ownership, control, direction, or supervision of any such horse.
[44 FR 25179, Apr. 27, 1979, as amended at 53 FR 14782, Apr. 26, 1988, 53 FR 15641, May 2, 1988, 53 FR 28372, July 28, 1988, 53 FR 41562, Oct. 24, 1988, 53 FR 45854, Nov. 14, 1988; 54 FR 7178, Feb. 17, 1989]
§ 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) must be free
of bilateral granulomas, 5
other
bilateral pathological evidence of inflammation, and, other bilateral evidence
of abuse indicative of soring including, but not limited to, excessive loss of
hair.
(b) The posterior surfaces
of the pasterns (flexor surface), including the sulcus or "pocket" may show
bilateral areas of uniformly thickened epithelial tissue if such areas are free
of proliferating granuloma tissue, irritation, moisture, edema, or other
evidence of inflammation.
[44 FR 25179, Apr. 27, 1979, as amended at 53 FR 14782, Apr. 26, 1988, 53 FR 28373, July 28, 1988]
§ 11.4 Inspection and
detention of horses.
For the purpose of
effective enforcement of the Act:
(a) Each horse owner,
exhibitor, trainer, or other person having custody of, or responsibility for,
any horse at any horse show, horse exhibition, or horse sale or auction, shall
allow any APHIS representative to reasonably inspect such horse at all
reasonable times and places the APHIS representative may designate. Such
inspections may be required of any horse which is stabled, loaded on a trailer,
being prepared for show, exhibition, or sale or auction, being exercised or
otherwise on the grounds of, or present at, any horse show, horse exhibition, or
horse sale or auction, whether or not such horse has or has not been shown,
exhibited, or sold or auctioned, or has or has not been entered for the purpose
of being shown or exhibited or offered for sale or auction at any such horse
show, horse exhibition, or horse sale or auction. APHIS representatives will not
generally or routinely delay or interrupt actual individual classes or
performances at horse shows, horse exhibitions, or horse sales or auctions for
the purpose of examining horses, but they may do so in extraordinary situations,
such as but not limited to, lack of proper facilities for inspection, refusal of
management to cooperate with Department inspection efforts, reason to believe
that failure to immediately perform inspection may result in the loss, removal,
or masking of any evidence of a violation of the Act or the regulations, or a
request by management that such inspections be performed by an APHIS
representative.
(b) When any APHIS
representative notifies the owner, exhibitor, trainer, or other person having
custody of or responsibility for a horse at any horse show, horse exhibition, or
horse sale or auction that APHIS desires to inspect such horse, it shall not be
moved from the horse show, horse exhibition, or horse sale or auction until such
inspection has been completed and the horse has been released by an APHIS
representative.
(c) For the purpose of
examination, testing, or taking of evidence, APHIS representatives may detain
for a period not to exceed 24 hours any horse, at any horse show, horse
exhibition, or horse sale or auction, which is sore or which an APHIS
veterinarian has probable cause to believe is sore. Such detained horse may be
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) The life or
well-being of the detained horse is immediately endangered by fire, flood,
windstorm, or other dire circumstances that are beyond human control.
(2) The detained horse
is in need of such immediate veterinary attention that its life may be in peril
before an APHIS representative can be located.
(3) The horse has been
detained for a maximum 24-hour detention period, and an APHIS representative is
not available to release the horse.
(e) The owner, exhibitor,
trainer, or other person having custody of or responsibility for any horse
detained by APHIS for further examination, testing, or the taking of evidence
shall be allowed to feed, water, and provide other normal custodial and
maintenance care, such as walking, grooming, etc., for such detained horse:
Provided, That:
(1) Such feeding,
watering, and other normal custodial and maintenance care of the detained horse
is rendered under the direct supervision of an APHIS representative.
(2) Any non-emergency
veterinary care of the detained horse requiring the use, application, or
injection of any drugs or other medication for therapeutic or other purposes is
rendered by a Doctor of Veterinary Medicine in the presence of an APHIS
representative and, the identity and dosage of the drug or other medication
used, applied, or injected and its purpose is furnished in writing to the APHIS
representative prior to such use, application, or injection by the Doctor of
Veterinary Medicine attending the horse. The use, application, or injection of
such drug or other medication must be approved by the APHIS Show Veterinarian or
his appointed representative.
(f) It shall be the policy
of APHIS to inform the owner, trainer, exhibitor, or other person having
immediate custody of or responsibility for any horse allegedly found to be in
violation of the Act or the regulations of such alleged violation or violations
before the horse is released by an APHIS representative.
(g) The owner, trainer,
exhibitor, or other person having immediate custody of or responsibility for any
horse or horses that an APHIS representative determines shall be detained for
examination, testing, or taking of evidence pursuant to paragraph (e) of this
section shall be informed after such determination is made and shall allow said
horse to be immediately put under the supervisory custody of APHIS or secured
under official USDA seal as provided in paragraph (d) of this section until the
completion of such examination, testing, or gathering of evidence, or until the
24-hour detention period expires.
(h) The owner, trainer,
exhibitor, or other person having custody of or responsibility for any horse
allegedly found to be in violation of the Act or regulations, and who has been
notified of such alleged violation by an APHIS representative as stated in
paragraph (f) of this section, may request reexamination and testing of said
horse within a 24-hour period: Provided, That:
(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) The APHIS Show
Veterinarian determines that sufficient cause for reexamination and testing
exists; and
(3) The horse is
maintained under APHIS supervisory custody as prescribed in paragraph (d) of
this section until such reexamination and testing has been completed.
(i) The owner,
exhibitor, trainer, or other person having custody of, or responsibility for any
horse being inspected shall render such assistance as the APHIS representative
may request for purposes of such inspection.
(ii) [Reserved]
[44 FR 25179, Apr. 27, 1979, as amended at 56 FR 13750, Apr. 4, 1991]
§ 11.5 Access to
premises and record.
Requirements regarding
access to premises for inspection of horses and records are as follows:
(a) Management.
(1) The management of
any horse show, horse exhibition, or horse sale or auction shall, without fee,
charge, assessment, or other compensation, provide APHIS representatives with
unlimited access to the grandstands, sale ring, barns, stables, grounds,
offices, and all other areas of any horse show, horse exhibition, or horse sale
or auction, including any adjacent areas under their direction, control, or
supervision for the purpose of inspecting any horses, or any records required to
be kept by regulation or otherwise maintained.
(2) The management of
any horse show, horse exhibition, or horse sale or auction shall, without fee,
charge, assessment, or other compensation, provide APHIS representatives with an
adequate, safe, and accessible area for the visual inspection and observation of
horses while such horses are competitively or otherwise performing at any horse
show or horse exhibition, or while such horses are being sold or auctioned or
offered for sale or auction at any horse sale or horse auction.
(b) Exhibitors.
(1) Each horse owner,
exhibitor, or other person having custody of or responsibility for any horse at
any horse show, horse exhibition, or horse sale or auction shall, without fee,
charge, assessment, or other compensation, admit any APHIS representative or
Designated Qualified Person appointed by management, to all areas of barns,
compounds, horse vans, horse trailers, stables, stalls, paddocks, or other show,
exhibition, or sale or auction grounds or related areas at any horse show, horse
exhibition, or horse sale or auction, for the purpose of inspecting any such
horse at any and all reasonable times.
(2) Each owner,
trainer, exhibitor, or other person having custody of or responsibility for, any
horse at any horse show, horse exhibition, or horse sale or auction shall
promptly present his horse for inspection upon notification, orally or in
writing, by any APHIS representative or Designated Qualified Person appointed by
management, that said horse has been selected for examination for the purpose of
determining whether such horse is in compliance with the Act and regulations.
[44 FR 25179, Apr. 27, 1979, as amended at 56 FR 13750, Apr. 4, 1991]
§ 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 representatives 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 received 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) Protection from the
elements of nature, such as rain, snow, sleet, hail, windstorm, etc., if
required by the APHIS Show Veterinarian.
(c) A means to control
crowds or onlookers in order that APHIS personnel may carry out their duties
without interference and with a reasonable measure of safety, if requested by
the APHIS Show Veterinarian.
(d) An accessible,
reliable, and convenient 110-volt electrical power source, if electrical service
is available at the show, exhibition, or sale or auction site and is requested
by the APHIS Show Veterinarian.
(e) An appropriate area
adjacent to the inspection area for designated horses to wait for inspection,
and an area to be used for detention of horses.
[44 FR 25181, Apr. 27, 1979, as amended at 56 FR 13750, Apr. 4, 1991]
§ 11.7 Certification
and licensing of designated qualified persons (DQP's).
(a) Basic qualifications
of DQP applicants. DQP's holding a valid, current DQP license issued in
accordance with this part may be appointed by the management of any horse show,
horse exhibition, horse sale, or horse auction, as qualified persons in
accordance with section 4(c) of the Act, to inspect horses to detect or diagnose
soring and to otherwise inspect horses, or any records pertaining to any horse
for the purpose of enforcing the Act. Individuals who may be licensed as DQP's
under this part shall be:
(1) Doctors of
Veterinary Medicine who are accredited in any State by the United States
Department of Agriculture under part 161 of chapter I, title 9 of the Code of
Federal Regulations, and who are:
(i) Members of the
American Association of Equine Practitioners, or
(ii) Large animal
practitioners with substantial equine experience, or
(iii) Knowledgeable
in the area of equine lameness as related to soring and soring practices (such
as Doctors of Veterinary Medicine with a small animal practice who own, train,
judge, or show horses, or Doctors of Veterinary Medicine who teach equine
related subjects in an accredited college or school of veterinary medicine).
Accredited Doctors of Veterinary Medicine who meet these criteria may be
licensed as DQP's by a horse 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) and who have been formally trained and
licensed as DQP's by a horse industry organization or association whose DQP
program has been certified by the Department in accordance with this section.
(b) Certification
requirements for DQP programs. The Department will not license DQP's on an
individual basis. Licensing of DQP's will be accomplished only through DQP
programs certified by the Department and initiated and maintained by horse
industry organizations or associations. Any horse industry organization or
association desiring Department certification to train and license DQP's under
the Act shall submit to the Administrator 6
a formal request in writing for certification of its DQP program and a detailed
outline of such program for Department approval. Such outline shall include the
organizational structure of such organization or association and the names of
the officers or persons charged with the management of the organization or
association. The outline shall also contain at least the following:
(1) The criteria to be
used in selecting DQP candidates and the minimum qualifications and knowledge
regarding horses each candidate must have in order to be admitted to the
program.
(2) A copy of the
formal training program, classroom and practical, required to be completed by
each DQP candidate before being licensed by such horse industry organization or
association, including the minimum number of hours, classroom and practical, and
the subject matter of the training program. Such training program must meet the
following minimum standards in order to be certified by the Department under the
Act.
(i) Two hours of
classroom instruction on the anatomy and physiology of the limbs of a horse. The
instructor teaching the course must be specified, and a resume of said
instructor's background, experience, and qualifications to teach such course
shall be provided to the Administrator.6
(ii) Two hours of
classroom instruction on the Horse Protection Act and regulations and their
interpretation. Instructors for this course must be furnished or recommended by
the Department. Requests for instructors to be furnished or recommended must be
made to the Administrator 6 in
writing at least 30 days prior to such course.
(iii) Four hours of
classroom instruction on the history of soring, the physical examination
procedures necessary to detect soring, the detection and diagnosis of soring,
and related subjects. The instructor teaching the course must be specified and a
summary of said instructor's background, experience, and qualifications to teach
such course must be provided to the Administrator.
6
(iv) Four hours of
practical instruction in clinics and seminars utilizing live horses with actual
application of the knowledge gained in the classroom subjects covered in
paragraphs (b)(2)(i), (ii), and (iii) of this section. Methods and procedures
required to perform a thorough and uniform examination of a horse shall be
included. The names of the instructors and a resume of their background,
academic and practical experience, and qualifications to present such
instruction shall be provided to the Administrator. 6
Notification of the actual date,
time, duration, subject matter, and geographic location of such clinics or
seminars must be sent to the Administrator 6 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
licensing organization or association pursuant to paragraph (d)(7) of this
section.
(vi) One hour of
classroom instruction on recordkeeping and reporting requirements and
procedures.
(3) A sample of a
written examination which must be passed by DQP candidates for successful
completion of the program along with sample answers and the scoring thereof, and
proposed passing and failing standards.
(4) The criteria to be
used to determine the qualifications and performance abilities of DQP candidates
selected for the training program and the criteria used to indicate successful
completion of the training program, in addition to the written examination
required in paragraph (b)(3) of this section.
(5) The criteria and
schedule for a continuing education program and the criteria and methods of
monitoring and appraising performance for continued licensing of DQP's by such
organization or association. A continuing education program for DQP's shall
consist of not less than 4 hours of instruction per year.
(6) Procedures for
monitoring horses in the unloading, preparation, warmup, and barn areas, or
other such areas. Such monitoring may include any horse that is stabled, loaded
on a trailer, being prepared for show, exhibition, sale, or auction, or
exercised, or that is otherwise on the grounds of, or present at, any horse
show, horse exhibition, or horse sale or auction.
(7) The methods to be
used to insure uniform interpretation and enforcement of the Horse Protection
Act and regulations by DQP's and uniform procedures for inspecting horses for
compliance with the Act and regulations;
(8) Standards of
conduct for DQP's promulgated by the organization or association in accordance
with paragraph (d)(7) of this section; and
(9) A formal request
for Department certification of the DQP program. The horse industry
organizations or associations that have formally requested Department
certification of their DQP training, enforcement, and maintenance program will
receive a formal notice of certification from the Department, or the reasons, in
writing, why certification of such program cannot be approved. A current list of
certified DQP programs and licensed DQP's will be published in the Federal
Register at least once each year, and as may be further required for the purpose
of deleting programs and names of DQP's that are no longer certified or
licensed, and of adding the names of programs and DQP's that have been certified
or licensed subsequent to the publication of the previous list.
(c) Licensing of DQP's.
Each horse industry organization or association receiving Department
certification for the training and licensing of DQP's under the Act shall:
(1) Issue each DQP
licensed by such horse industry organization or association a numbered
identification card bearing the name and personal signature of the DQP, a
picture of the DQP, and the name and address, including the street address or
post office box and zip code, of the licensing organization or association;
(2) Submit a list to
the Administrator 6
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;
(3) Notify the
Department of any additions or deletions of names of licensed DQP's from the
licensed DQP list submitted to the Department or of any change in the address of
any licensed DQP or any warnings and license revocations issued to any DQP
licensed by such horse industry organization or association within 10 days of
such change;
(4) Not license any
person as a DQP if such person has been convicted of any violation of the Act or
regulations occurring after July 13, 1976, or paid any fine or civil penalty in
settlement of any proceeding regarding a violation of the Act or regulations
occurring after July 13, 1976, for a period of at least 2 years following the
first such violation, and for a period of at least 5 years following the second
such violation and any subsequent violation;
(5) Not license any
person as a DQP until such person has attended and worked two recognized or
affiliated horse shows, horse exhibitions, horse sales, or horse auctions as an
apprentice DQP and has demonstrated the ability, qualifications, knowledge and
integrity required to satisfactorily execute the duties and responsibilities of
a DQP;
(6) Not license any
person as a DQP if such person has been disqualified by the Secretary from
making detection, diagnosis, or inspection for the purpose of enforcing the Act,
or if such person's DQP license is canceled by another horse industry
organization or association.
(d) Requirements to be met
by DQP's and Licensing Organizations or Associations.
(1) Any licensed DQP
appointed by the management of any horse show, horse exhibition, horse sale or
auction to inspect horses for the purpose of detecting and determining or
diagnosing horses which are sore and to otherwise inspect horses for the purpose
of enforcing the Act and regulations, shall keep and maintain the following
information and records concerning any horse which said DQP recommends be
disqualified or excused for any reason at such horse show, horse exhibition,
horse sale or auction, from being shown, exhibited, sold or auctioned, in a
uniform format required by the horse industry organization or association that
has licensed said DQP:
(i) The name and
address, including street address or post office box and zip code, of the show
and the show manager.
(ii) The name and address, including street address or post office box and
zip code, of the horse owner.
(iii) The name and address, including street address or post office box
and zip code, of the horse trainer.
(iv) The name and address, including street address or post office box and
zip code, of the horse exhibitor.
(v) The exhibitors number and class number, or the sale or auction tag
number of said horse.
(vi) The date and time of the inspection.
(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) The name, age, sex, color, and markings of the horse; and (ix) The
name or names of the show manager or other management representative notified by
the DQP that such horse should be excused or disqualified and whether or not
such manager or management representative excused or disqualified such horse.
Copies of the above records shall be submitted by the involved DQP to the horse
industry organization or association that has licensed said DQP within 72 hours
after the horse show, horse exhibition, horse sale, or horse auction is over.
(2) The DQP shall
inform the custodian of each horse allegedly found in violation of the Act or
its regulations, or disqualified or excused for any other reason, of such action
and the specific reasons for such action.
(3) Each horse industry
organization or association having a Department certified DQP program shall
submit a report to the Department containing the following information, from
records required in paragraph (d)(1) of this section and other available
sources, to the Department on a monthly basis:
(i) The identity of
all horse shows, horse exhibitions, horse sales, or horse auctions that have
retained the services of DQP's licensed by said organization or association
during the month covered by the report. Information concerning the identity of
such horse shows, horse exhibitions, horse sales, or horse auctions shall
include:
(A) The name and
location of the show, exhibition, sale, or auction.
(B) The name and address of the manager.
(C) The date or dates of the show, exhibition, sale, or auction.
(ii) The identity of
all horses at each horse show, horse exhibition, horse sale, or horse auction
that the licensed DQP recommended be disqualified or excused for any reason. The
information concerning the identity of such horses shall include:
(A) The
registered name of each horse.
(B) The name and
address of the owner, trainer, exhibitor, or other person having custody of or
responsibility for the care of each such horse disqualified or excused.
(4) Each horse industry
organization or association having a Department certified DQP program shall
provide, by certified mail if personal service is not possible, to the trainer
and owner of each horse allegedly found in violation of the Act or its
regulations or otherwise disqualified or excused for any reason, the following
information;
(i) The name and
date of the show, exhibition, sale, or auction.
(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) Each horse industry
organization or association having a Department certified DQP program shall
provide each of its licensed DQP's with a current list of all persons that have
been disqualified by order of the Secretary from showing or exhibiting any
horse, or judging or managing any horse show, horse exhibition, horse sale, or
horse auction. The Department will make such list available, on a current basis,
to organizations and associations maintaining a certified DQP program.
(6) Each horse industry
organization or association having a Department certified DQP program shall
develop and provide a continuing education program for licensed DQP's which
provides not less than 4 hours of instruction per year to each licensed DQP.
(7) Each horse industry
organization or association having a Department certified DQP program shall
promulgate standards of conduct for its DQP's, and shall provide administrative
procedures within the organization or association for initiating, maintaining,
and enforcing such standards. The procedures shall include the causes for and
methods to be utilized for canceling the license of any DQP who fails to
properly and adequately carry out his duties. Minimum standards of conduct for
DQP's shall include the following;
(i) A DQP shall not
exhibit any horse at any horse show or horse exhibition, or sell, auction, or
purchase any horse sold at a horse sale or horse auction at which he or she has
been appointed to inspect horses;
(ii) A DQP shall not
inspect horses at any horse show, horse exhibition, horse sale or horse auction
in which a horse or horses owned by a member of the DQP's immediate family or
the DQP's employer are competing or are being offered for sale;
(iii) A DQP shall
follow the uniform inspection procedures of his certified organization or
association when inspecting horses; and
(iv) The DQP shall immediately inform
management of each case regarding any horse which, in his opinion, is in
violation of the Act or regulations.
(e) Prohibition of
appointment of certain persons to perform duties under the Act. The management
of any horse show, horse exhibition, horse sale, or horse auction shall not
appoint any person to detect and diagnose horses which are sore or to otherwise
inspect horses for the purpose of enforcing the Act, if that person:
(1) Does not hold a
valid, current DQP license issued by a horse industry organization or
association having a DQP program certified by the Department.
(2) Has had his DQP
license canceled by the licensing organization or association.
(3) Is disqualified by
the Secretary from performing diagnosis, detection, and inspection under the
Act, after notice and opportunity for a hearing,
7
when the Secretary finds that such person is unfit to perform
such diagnosis, detection, or inspection because he has failed to perform his
duties in accordance with the Act or regulations, or because he has been
convicted of a violation of any provision of the Act or regulations occurring
after July 13, 1976, or has paid any fine or civil penalty in settlement of any
proceeding regarding a violation of the Act or regulations occurring after July
13, 1976.
(f) Cancellation of DQP
license.
(1) Each horse industry
organization or association having a DQP program certified by the Department
shall issue a written warning to any DQP whom it has licensed who violates the
rules, regulations, by-laws, or standards of conduct promulgated by such horse
industry organization or association pursuant to this section, who fails to
follow the procedures set forth in § 11.21 of this part, or who otherwise
carries out his duties and responsibilities in a less than satisfactory manner,
and shall cancel the license of any DQP after a second violation. Upon
cancellation of his DQP license, the DQP may, within 30 days thereafter, request
a hearing before a review committee of not less than three persons appointed by
the licensing horse industry organization or association. If the review
committee sustains the cancellation of the license, the DQP may appeal the
decision of such committee to the Administrator within 30 days from the date of
such decision, and the Administrator shall make a final determination in the
matter. If the Administrator finds, after providing the DQP whose license has
been canceled with a notice and an opportunity for a hearing,
7
that
there is sufficient cause for the committee's determination regarding license
cancellation, he shall issue a decision sustaining such determination. If he
does not find that there was sufficient cause to cancel the license, the
licensing organization or association shall reinstate the license.
(2) Each horse industry
organization or association having a Department certified DQP program shall
cancel the license of any DQP licensed under its program who has been convicted
of any violation of the Act or regulations or of any DQP who has paid a fine or
civil penalty in settlement of any alleged violation of the Act or regulations
if such alleged violation occurred after July 13, 1976.
(g) Revocation of DQP
program certification of horse industry organizations or associations. Any horse
industry organization or association having a Department certified DQP program
that has not received Department approval of the inspection procedures provided
for in paragraph (b)(6) of this section, or that otherwise fails to comply with
the requirements contained in this section, may have such certification of its
DQP program revoked, unless, upon written notification from the Department of
such failure to comply with the requirements in this section, such organization
or association takes immediate action to rectify such failure and takes
appropriate steps to prevent a recurrence of such noncompliance within the time
period specified in the Department notification, or otherwise adequately
explains such failure to comply to the satisfaction of the Department. Any horse
industry organization or association whose DQP program certification has been
revoked may appeal such revocation to the Administrator 6
in writing within 30 days after
the date of such revocation and, if requested, shall be afforded an opportunity
for a hearing.
7
All DQP licenses issued by a horse industry organization or association whose
DQP program certification has been revoked shall expire 30 days after the date
of such revocation, or 15 days after the date the revocation becomes final after
appeal, unless they are transferred to a horse industry organization or
association having a program currently certified by the Department.
(Approved by the Office of Management and Budget under control number 0579-0056)
[44 FR 1563, Jan. 5, 1979, as amended at 44 FR 25182, Apr. 27, 1979; 48 FR 57471, Dec. 30, 1983; 55 FR 41993, Oct. 17, 1990; 56 FR 13750, Apr. 4, 1991; 59 FR 67612, Dec. 30, 1994; 63 FR 62927, Nov. 10, 1998]
§ 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 determine if such horses
are sore or otherwise in violation of the Act or regulations.
(b)(1) The management of
any horse show, horse exhibition, horse sale or auction which designates and
appoints a Designated Qualified Person (or persons) to inspect horses shall
accord said DQP access to all records and areas of the grounds of such show,
exhibition, sale, or auction and the same right to inspect horses and records as
is accorded to any APHIS representative. Further, management shall not take any
action which would interfere with or influence said DQP in carrying out his
duties or making decisions concerning whether or not any horse is sore or
otherwise in violation of the Act or regulations. In the event management is
dissatisfied with the performance of a particular DQP, including disagreement
with decisions concerning violations, management shall not dismiss or otherwise
interfere with said DQP during the DQP's appointed tour of duty.
8
However, management should
immediately notify, in writing, the Department
6 and the organization or association
that licensed the DQP, as to why the performance of said DQP was inadequate or
otherwise unsatisfactory. Management which designates and appoints a DQP shall
immediately disqualify or disallow from being shown, exhibited, sold, or
auctioned any horse identified by the DQP to be sore or otherwise in violation
of the Act or regulations or any horse otherwise known by management to be sore
or in violation of the Act or regulations. Should management fail to disqualify
or disallow from being shown, exhibited, sold or auctioned any such horse, said
management shall assume full responsibility for and liabilities arising from the
showing, exhibition, sale, or auction of said horses.
(2) The DQP shall
physically inspect:
(i) All Tennessee
Walking Horses and racking horses entered for sale or auction,
(ii) all Tennessee
Walking Horses and racking horses entered in any animated gait class (whether
under saddle, horse to cart, or otherwise),
(iii) all Tennessee
Walking Horses and racking horses entered for exhibition before they are
admitted to be shown, exhibited, sold, or auctioned, and
(iv) all Tennessee
Walking Horses and racking horses tyed first in their class or event at any
horse show, horse exhibition, horse sale, or horse auction. Such inspection
shall be for the purpose of determining whether any such horses are in violation
of the Act or regulations. Such physical examination shall be conducted in
accordance with the inspection procedures provided for in § 11.21 of this part.
The DQP shall observe horses in the warmup ring and during actual performances
whenever possible, and shall inspect any Tennessee Walking Horse or racking
horse at any time he deems necessary to determine whether any such horse shown,
exhibited, sold, or auctioned is in violation of the Act or regulations. If
present at other shows, he shall examine any horse which he determines should be
examined for compliance with the Act and regulations.
(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) The management of any
horse show, exhibition, sale, or auction that designates and appoints a DQP to
inspect horses shall appoint and designate at least two DQP's when more than 150
horses are entered.
(Approved by the Office of Management and Budget under control number 0579-0056)
[44 FR 25182, Apr. 27, 1979, as amended at 48 FR 57471, Dec. 30, 1983; 55 FR 41993, Oct. 17, 1990; 56 FR 13750, Apr. 4, 1991; 57 FR 62175, Dec. 30, 1992]
§ 11.21 Inspection
procedures for designated qualified persons (DQP's).
(a)(1) During the preshow
inspection, the DQP shall direct the custodian of the horse to walk and turn the
horse in a manner that allows the DQP to determine whether the horse exhibits
signs of soreness. The DQP shall determine whether the horse moves in a free and
easy manner and is free of any signs of soreness.
(2) The DQP shall
digitally palpate the front limbs of the horse from knee to hoof, with
particular emphasis on the pasterns and fetlocks. The DQP shall examine the
posterior surface of the pastern by picking up the foot and examining the
posterior (flexor) surface. The DQP shall apply digital pressure to the pocket
(sulcus), including the bulbs of the heel, and continue the palpation to the
medial and lateral surfaces of the pastern, being careful to observe for
responses to pain in the horse. While continuing to hold onto the pastern, the
DQP shall extend the foot and leg of the horse to examine the front (extensor)
surfaces, including the coronary band. The DQP may examine the rear limbs of all
horses inspected after showing, and may examine the rear limbs of any horse
examined preshow or on the showgrounds when he deems it necessary, except that
the DQP shall examine the rear limbs of all horses exhibiting lesions on, or
unusual movement of, the rear legs. While carrying out the procedures set forth
in this paragraph, the DQP shall also inspect the horse to determine whether the
provisions of § 11.3 of this part are being complied with, and particularly
whether there is any evidence of inflammation, edema, or proliferating granuloma
tissue.
(3) The DQP shall
observe and inspect all horses for compliance with the provisions set forth in §
11.2(a) through § 11.2(c) of this part. All action devices, pads, and other
equipment shall be observed and/or examined to assure that they are in
compliance with the regulations. All such equipment on horses examined postshow,
and on horses examined preshow that are not clearly in compliance, shall be
weighed and/or measured.
(4) The DQP shall
instruct the custodian of the horse to control it by holding the reins
approximately 18 inches from the bit shank. The DQP shall not be required to
examine a horse if it is presented in a manner that might cause the horse not to
react to a DQP's examination, or if whips, cigarette smoke, or other actions or
paraphernalia are used to distract a horse during examination. All such
incidents shall be reported to the show management and the DQP licensing
organization.
(b) The DQP shall inspect
horses no more than three classes ahead of the time the inspected horses are to
be shown, except that, in shows with fewer than 150 horses, the DQP shall
inspect horses no more than 2 classes ahead of the time the inspected horses are
to be shown. Inspected horses shall be held in a designated area that is under
observation by the DQP or APHIS representative. Horses shall not be permitted to
leave the designated area before showing. Only the horse, the rider, the groom,
the trainer, the DQP(s) and APHIS representatives shall be allowed in the
designated area.
(c) The DQP may carry out
additional inspection procedures as he deems necessary to determine whether the
horse is sore.
(d) The certified DQP organization shall assess appropriate
penalties for violations, as set forth in the rule book of the certified program
under which the DQP is licensed, or as set forth by the Department, and shall
report all violations, in accordance with § 11.20(b)(3) of this part.
[55 FR 41993, Oct. 17, 1990; as amended at 56 FR 13750, Apr. 4, 1991; 57 FR 62175, Dec. 30, 1992]
§ 11.22 Records
required and disposition thereof.
(a) The management of any
horse show, horse exhibition, or horse sale or auction, that contains Tennessee
Walking Horses or racking horses, shall maintain for a period of at least 90
days following the closing date of said show, exhibition, or sale or auction,
all pertinent records containing:
(1) The dates and place
of the horse show, horse exhibition, horse sale, or horse auction.
(2) The name and
address (including street address or post office box number and ZIP code) of the
sponsoring organization.
(3) The name and
address of the horse show, exhibition, horse sale or horse auction management.
(4) The name and
address (including street address or post office box number and ZIP code) of the
DQP, if any, employed to conduct inspections under § 11.20; and, the name of the
horse industry organization or association certifying the DQP.
(5) The name and
address (including street address or post office box number, and ZIP code) of
each show judge.
(6) A copy of each
class or sale sheet containing the names of horses, the names and addresses
(including street address, post office box and ZIP code) of horse owners, the
exhibitor number and class number, or sale number assigned to each horse, the
show class or sale lot number, and the name and address (including street
address, post office box, and ZIP code) of the person paying the entry fee and
entering the horse in a horse show, horse exhibition, or horse sale or auction.
(7) A copy of the
official horse show, horse exhibition, horse sale, or horse auction program, if
any such program has been prepared.
(8) The identification
of each horse, including the name of the horse, the name and address (including
street address, post office box, and ZIP code) of the owner, the trainer, the
rider or other exhibitor, and the location (including street address, post
office box, and ZIP code) of the home barn or other facility where the horse is
stabled.
(b) The management of any
horse show, horse exhibition, or horse sale or auction containing Tennessee
Walking Horses or racking horses shall designate a person to maintain the
records required in this section.
(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 address (including street address, or post office box, and
ZIP code) of the person designated by the sponsoring organization or manager to
maintain the records required by this section.
(d) The Administrator may,
in specific cases, require that a horse show, horse exhibition, or horse sale or
auction records be maintained by management for a period in excess of 90 days.
(Approved by the Office of Management and Budget under control numbers 0579-0056, and 0579-0058)
(44 U.S.C. 3506)
[44 FR 25179, Apr. 27, 1979, as amended at 48 FR 57471, Dec. 30, 1983. Redesignated at 55 FR 41993, Oct. 17, 1990; 56 FR 13750, Apr. 4, 1991]
§ 11.23 Inspection of records.
(a) The management of any
horse show, horse exhibition, or horse sale or auction shall permit any APHIS
representative, upon request, to examine and make copies of any and all records
pertaining to any horse, either required in any part of the regulations, or
otherwise maintained, during ordinary business hours or such other times as may
be mutually agreed upon. A room, table, or other facilities necessary for proper
examination of such records shall be made available to the APHIS representative.
(b) Horse industry
organizations or associations who train, maintain, and license DQP's under a
certified DQP program shall permit any APHIS representative, upon request, to
examine and copy any and all records relating to the DQP program which are
required by any part of the regulations. Such requests shall be made during
ordinary business hours or such other times as mutually agreed upon. A room,
table or other facilities necessary for proper examination shall be made
available upon the request of the APHIS representative.
[44 FR 25179, Apr. 27, 1979. Redesignated at 55 FR 41993, Oct. 17, 1990, as amended at 56 FR 13750, Apr. 4, 1991]
§ 11.24 Reporting by
management.
(a) Within 5 days
following the conclusion of any horse show, horse exhibition, or horse sale or
auction, containing Tennessee Walking Horses or racking horses, the managements
of such show, exhibition, sale or auction shall submit to the Regional Director
1
for the State in which the show,
exhibition, sale or auction was held, the information required by § 11.22(a)(1)
through (6) for each horse excused or disqualified by management or its
representatives from being shown, exhibited, sold or auctioned, and the reasons
for such action. If no horses are excused or disqualified, the management shall
submit a report so stating.
(b) Within 5 days
following the conclusion of any horse show, horse exhibition, or horse sale or
auction which does not contain Tennessee Walking Horses or racking horses, the
management of such show, exhibition, sale or auction shall inform the Regional
Director for the State in which the show, exhibition, sale or auction was held,
of any case where a horse was excused or disqualified by management or its
representatives from being shown, exhibited, sold or auctioned because it was
found to be sore.
(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]
§ 11.40 Prohibitions
and requirements concerning persons involved in transportation of certain
horses.
(a) Each person who ships,
transports, or otherwise moves, or delivers or receives for movement, any horse
with reason to believe such horse may be shown, exhibited, sold or auctioned at
any horse show, horse exhibition, or horse sale or auction, shall allow and
assist in the inspection of such horse at any such show, 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) of the horse owner and
of the shipper, if different from the owner or trainer.
(2) Name and address (including street address, post office box, and ZIP
code) of the horse trainer.
(3) Name and address (including street address, post office box, and ZIP
code) of the carrier transporting the horse, and of the driver of the means of
conveyance used.
(4) Origin of the shipment and date thereof, and,
(5) Destination of shipment.
(b) [Reserved]
(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; 56 FR 13750, Apr. 4, 1991]
§ 11.41 Reporting
required of horse industry organizations or associations.
Each horse industry
organization or association which sponsors, or which sanctions any horse show,
horse exhibition, or horse sale or auction, shall furnish the Department
6
by March
1 of each year with all such organization or association rulebooks, and
disciplinary procedures for the previous year pertaining to violations of the
Horse Protection Act or regulations, applicable to such horse show, horse
exhibition, or horse sale or auction. Rulebooks and information relating to
disciplinary procedures for violations of the Horse Protection Act or
regulations should be readily available to all exhibitors, trainers, and owners
of horses at such show, exhibition, sale, or auction. Each horse industry
organization or association shall furnish the Department
6 with a quarterly report of all
disciplinary actions taken against the management or any horse show, horse
exhibition, horse sale, or horse auction, any exhibitor, or any licensed DQP,
for violation of the Horse Protection Act or regulations, and the results
thereof.
(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]
Footnotes:
1 Information 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.
2 This prohibition is
not intended to disallow corrective devices, such as Memphis bars which consist
of a metal bar(s) crossing from the ground surface of one side of the horseshoe
to the ground surface of the other side of the horseshoe, and the purpose of
which is to correct a lameness or pathological condition of the foot: Provided,
That such metal bar(s) do not act as a single fulcrum point so as to affect the
balance of the horse.
3-4[Reserved]
5 Granuloma is
defined as any one of a rather large group of fairly distinctive focal lesions
that are formed as a result of inflammatory reactions caused by biological,
chemical, or physical agents.
6 Animal and Plant
Health Inspection Service, Animal Care, 4700 River Road, Unit 84, Riverdale,
Maryland 20737-1234.
7
Hearing 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.)
8 The duration of the
show, exhibition, or sale or auction.