Rule2026-01648
Horse Protection Amendments; Further Postponement of Regulations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 28, 2026
Effective
December 31, 2026
Issuing agencies
Agriculture DepartmentAnimal and Plant Health Inspection Service
Abstract
On May 8, 2024, we published a final rule amending the horse protection regulations. The provisions of the final rule, initially scheduled to go into effect on February 1, 2025, were delayed until April 2, 2025. On March 21, 2025, we published a further delay of the effective date to February 1, 2026, and a request for comment on whether the length of the postponement should be extended. In this document, based on intervening developments since the issuance of the March 21, 2025 delay of effective date, we are further delaying the effective date of the provisions effective February 1, 2026, to December 31, 2026.
Full Text
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<title>Federal Register, Volume 91 Issue 18 (Wednesday, January 28, 2026)</title>
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[Federal Register Volume 91, Number 18 (Wednesday, January 28, 2026)]
[Rules and Regulations]
[Pages 3633-3635]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01648]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 91, No. 18 / Wednesday, January 28, 2026 /
Rules and Regulations
[[Page 3633]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 11
[Docket No. APHIS-2022-0004]
RIN 0579-AE70
Horse Protection Amendments; Further Postponement of Regulations
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule; further delay of effective date.
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SUMMARY: On May 8, 2024, we published a final rule amending the horse
protection regulations. The provisions of the final rule, initially
scheduled to go into effect on February 1, 2025, were delayed until
April 2, 2025. On March 21, 2025, we published a further delay of the
effective date to February 1, 2026, and a request for comment on
whether the length of the postponement should be extended. In this
document, based on intervening developments since the issuance of the
March 21, 2025 delay of effective date, we are further delaying the
effective date of the provisions effective February 1, 2026, to
December 31, 2026.
DATES: As of January 28, 2026, the amendments to 9 CFR 11.1 through
11.18 effective February 1, 2025, (89 FR 39194), delayed until April 2,
2025, (90 FR 8253), and further delayed until February 1, 2026 (90 FR
13273), are further delayed until December 31, 2026.
FOR FURTHER INFORMATION CONTACT: Ms. Christine Jones, Acting Animal
Care Chief of Staff, 2150 Centre Ave. Bldg. B, Mailstop 3W11, Fort
Collins, CO 80526; (970) 494-7478.
SUPPLEMENTARY INFORMATION:
Background
Under the Horse Protection Act (HPA, or the Act, 15 U.S.C. 1821 et
seq.), the Secretary of Agriculture is authorized to promulgate
regulations to prohibit the movement, showing, exhibition, or sale of
sore horses. The Secretary has delegated responsibility for
administering the Act to the Administrator of the U.S. Department of
Agriculture's (USDA) Animal and Plant Health Inspection Service
(APHIS). Within APHIS, the responsibility for administering the Act has
been delegated to the Deputy Administrator for Animal Care. Regulations
and standards established under the Act are contained in 9 CFR part 11
(referred to below as the Horse Protection regulations or just the
regulations), and 9 CFR part 12 lists the rules of practice governing
administrative proceedings.
On May 8, 2024, APHIS published in the Federal Register (89 FR
39194-39251, APHIS-2022-0004),\1\ a final rule titled ``Horse
Protection Amendments'' (2024 Horse Protection final rule) that was to
be effective on February 1, 2025, except for Sec. 11.19, which had an
effective date of June 7, 2024.
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\1\ To view the final rule, go to <a href="https://www.regulations.gov/document/APHIS-2022-0004-8793">https://www.regulations.gov/document/APHIS-2022-0004-8793</a>.
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On January 28, 2025, APHIS published in the Federal Register (90 FR
8253-8254, APHIS-2022-0004),\2\ a postponement of the regulations in
the 2024 Horse Protection final rule, delaying the effective date of
all provisions other than those in Sec. 11.19 until April 2, 2025.
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\2\ To view the postponement, go to <a href="https://www.regulations.gov/document/APHIS-2022-0004-8797">https://www.regulations.gov/document/APHIS-2022-0004-8797</a>.
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In the postponement, we noted that, on July 1, 2024, a complaint
was filed in the U.S. District Court for the Northern District of Texas
and amended on September 23, 2024.\3\ The amended complaint alleged, in
part, that the 2024 Horse Protection final rule exceeded APHIS's
statutory authority and would have a significant economic impact on the
Tennessee Walking Horse industry altogether. The amended complaint
requested vacatur of the final rule. The parties completed briefing on
their cross motions for summary judgment on December 20, 2024.
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\3\ The Tennessee Walking Horse National Celebration
Association, et al. v. United States Department of Agriculture, et
al., 2:24-cv-00143 (N.D. Tex.).
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In the postponement, we explained that we were taking the action
pursuant to section 705 of the Administrative Procedure Act to
temporarily preserve the regulatory status quo during the pendency of
the litigation.
On January 31, 2025, the U.S. District Court for the Northern
District of Texas issued its decision. The Court held that APHIS had
exceeded its statutory authority in the 2024 Horse Protection final
rule by issuing a blanket prohibition of the use of pads, action
devices, and substances on Tennessee Walking Horses and racking horses;
that a Dermatologic Conditions Indicative of Soring provision intended
to replace the ``scar rule'' \4\ failed to provide adequate due
process; and that the rule's pre- and post-deprivation reviews failed
to provide adequate due process. In the order, the Court vacated the
above provisions, found in Sec. Sec. 11.5, 11.6(c), 11.7, and 11.8(h)
of the 2024 Horse Protection final rule. However, the Court held that
the final rule's replacement of the Designated Qualified Persons (DQP)
program with Horse Protection Inspectors (HPIs) does not constitute an
excess of statutory authority and is otherwise in compliance with the
law.
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\4\ Under Sec. 11.3, ``Scar rule,'' horses that do not meet the
scar rule criteria are considered to be sore and are subject to all
prohibitions of the Act. Paragraph (a) of Sec. 11.3 states the
``anterior and anterior-lateral surfaces of the fore pasterns
(extensor surface)'' are required to ``be free of bilateral
granulomas, other bilateral pathological evidence of inflammation,
and, other bilateral evidence of abuse indicative of soring
including, but not limited to, excessive loss of hair.''
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With many of the provisions in the 2024 Horse Protection final rule
vacated, the final rule now only amends a patchwork of several portions
of the existing regulations. The final rule, as partially upheld by the
district court, removes the requirement that DQPs be trained and
licensed by horse industry organizations (HIOs) and removes the term
DQPs from the regulations. In its place, the final rule specifies that
APHIS will authorize HPIs, preferably licensed veterinarians, after
screening them for potential conflicts of interest and conducting
training. After the effective date of the other provisions of the final
rule, management may use HPIs, not DQPs, to identify horses which are
sore or otherwise inspect horses for compliance with the Act or
regulations. Any DQPs seeking to continue inspecting or other persons
wishing to become inspectors after the effective date of the final rule
must apply to
[[Page 3634]]
APHIS to become an HPI and meet the eligibility qualifications for
authorization included in Sec. 11.19. While the requirements in Sec.
11.19 for training and authorizing HPIs became effective June 7, 2024,
the requirement in Sec. 11.18 that management pivot from electing to
utilize DQPs to electing to utilize HPIs has not yet become effective.
The final rule also amends reporting requirements, significantly
expanding the number of entities subject to its applicability to
include shows, exhibitions, sales and auctions of all breeds of horses,
not just Tennessee Walking Horses or racking horses, as well as
imposing earlier timeframes for reporting.
Following the Court's decision, on March 21, 2025, APHIS published
in the Federal Register (90 FR 13273-13276) \5\ a document announcing a
further delay of the effective date to February 1, 2026, and a request
for comment regarding whether the length of the postponement should be
extended. In that document, we explained that postponement would allow
APHIS the necessary time to identify appropriate next steps regarding
the Horse Protection regulations, including whether the length of the
postponement should be further extended. We also stated that allowing
the non-vacated portions of the rule to go into effect on April 2,
2025, the previously scheduled effective date, would be untenable for
APHIS and disruptive to the industry.
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\5\ To view the further delay of effective date and request for
comment, go to <a href="https://www.regulations.gov/document/APHIS-2022-0004-8798">https://www.regulations.gov/document/APHIS-2022-0004-8798</a>.
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We solicited comments concerning the length of the postponement for
60 days ending May 20, 2025. Specifically, we inquired of the public
whether the extended length of postponement provided a sufficient
period of time, or whether the delay should be extended further. We
also solicited any supplemental information regarding HPA authorities,
standards, recordkeeping, or other matters that could help inform a
decision regarding the appropriate length of time for postponement.
We received 6,124 comments in response to our request. The comments
were from members of Congress; State agricultural agencies and farm
bureaus; horse industry organizations; equine veterinarians and
veterinary associations; animal welfare advocacy organizations; cattle
grower associations; horse owners, trainers, and exhibitors; small
business owners, and other interested persons.
Many comments, including substantive comments from the individuals
and entities who are subject to the requirements of the Horse
Protection regulations, supported further postponement of the 2024
Horse Protection final rule.
Specifically, many commenters asked us to delay the implementation
of the 2024 Horse Protection final rule to allow time to carry out
their suggestions of reopening the comment period on the final rule,
holding listening sessions, and/or initiating a new rulemaking.
Numerous commenters suggested that this may be accomplished by January
or February 2027.
We are further postponing the 2024 Horse Protection final rule to
December 31, 2026 due to events that arose after the close of the
comment period on the March 2025 further delay of effective date and
request for comment. We discuss these events later in this document. We
believe December 31, 2026 will provide APHIS with sufficient time to
identify appropriate next steps in light of the new circumstances.
Many commenters suggested that the 2024 Horse Protection final rule
never go into effect, and instead urged a withdrawal or rewrite of the
rule. These commenters expressed numerous concerns with the final rule
and/or the Horse Protection regulations. Concerns included, among
others, an insufficient number of trained inspectors; insufficient
funding and resources in USDA for inspections; increased costs,
especially at small local events; various requests for additional
changes to the Horse Protection regulations, including revision to the
reporting requirements that now include additional horse breeds and
events; and the opinion that the final rule was unworkable as currently
written.
As noted above, APHIS believes that further delay until December
31, 2026 is warranted at this time in order to identify appropriate
next steps for the 2024 Horse Protection final rule, particularly in
light of intervening events that have occurred since the March 2025
further delay was issued. We believe that this will constitute a
sufficient amount of time to identify such steps.
Suggestions for additional rulemaking, including withdrawal or
rewrite of the 2024 Horse Protection final rule, as well as comments
citing problems with the non-vacated portions of the 2024 Horse
Protection final rule and the Horse Protection regulations, are outside
the scope of our request for comments regarding the length of
postponement. However, we may consider them in future rulemaking.
Many other comments, including variations of a single form letter
submitted by over 5,000 persons, as well as a letter submitted by an
animal advocacy organization supporting the rule with over 87,500
signatories listed, advocated for no further postponement and expressed
strong support for the non-vacated provisions of the 2024 Horse
Protection final rule.
Many of these commenters stated that further delaying
implementation of the HPI program would perpetuate an inadequate
inspection model that leaves horses at risk of soring. We understand
commenters' concerns and are committed to working to end the practice
of soring. However, events that arose since the close of the comment
period on the March 2025 delay of effective date and request for
comment, which we will discuss later in this document, have led us to
believe that further postponement is necessary.
Some commenters stated that APHIS should pursue additional
rulemaking that addresses the problems that the provisions vacated by
the court were intended to address, in a manner compliant with the
court's order.
Suggestions for additional rulemaking are outside the scope of our
request for comments regarding the length of postponement. However, we
may consider them in future rulemakings.
Commenters also urged us to implement the HPI program immediately
because those portions of the final rule have undergone extensive
public input, were finalized through a lawful rulemaking process, and
have been upheld by the court.
Although we agree that the HPI provisions of the 2024 Horse
Protection final rule have undergone extensive public input, were
finalized through a lawful rulemaking process, and have been upheld by
the court, we disagree that this means the HPI program is immediately
implementable. As we explained in the March 2025 further delay of
effective date and request for comment, due to the vacatur of the
provisions governing prohibited items at shows and criteria for
identifying soring, APHIS required time to re-train prospective HPIs in
accordance with the surviving regulations. Moreover, events that arose
after the close of the comment period on the March 2025 delay have
complicated our plans for re-training prospective HPIs.
On June 30, 2025, a new complaint was filed in the U.S. District
Court for the Northern District of Texas \6\ challenging aspects of the
existing
[[Page 3635]]
regulations and associated guidance. Specifically, the complaint
challenged USDA's ``No-Showback Rule,'' (i.e., the policy prohibition
on horses found sore or otherwise noncompliant with the HPA or
regulations from being ``shown back'' or competing in a subsequent
class of the same show), the ``scar rule,'' and the adequacy of the due
process protections for custodians of horses that management
disqualifies based on USDA inspections conducted in accordance with
Sec. 11.4 of the regulations. Plaintiffs sought entry of a preliminary
injunction to prevent USDA from enforcing these rules and policies and
on August 19, 2025, the Court granted plaintiffs' motion for
preliminary injunction as to each named plaintiff.
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\6\ Gould, et al. v. United States Department of Agriculture, et
al., 2:25-cv-00147 (N.D. Tex.).
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Although the preliminary injunction of the existing regulations
only applies to the plaintiffs in this case (individuals and Tennessee
Walking Horse National Celebration Association), it renders
implementation of the final rule piecemeal and unmanageable during the
pendency of this litigation. As discussed in our March 21, 2025 notice,
the most significant non-vacated provisions of the 2024 Horse
Protection final rule are the provisions that replace the industry-
licensed DQPs with HPIs. The preliminary injunction creates uncertainty
regarding the existing ``scar rule,'' which impacts APHIS's ability to
develop and train HPIs for the upcoming show season. For example, in
March 2025, when we issued the notice further delaying the effective
date of the rule, APHIS had trained HPIs based on the provisions in the
2024 Horse Protection final rule. As it stands, APHIS would have to
retrain the newly licensed HPIs on the existing regulations (which are,
in part, the subject of a preliminary injunction) and may need to
further retrain them depending on the outcome of the subsequently filed
case, which would result in additional costs and potential confusion.
As noted above, due to the preliminary injunction, APHIS is
presently unable to enforce several key provisions of the existing
Horse Protection Act regulations with respect to the named plaintiffs
(individuals and Tennessee Walking Horse National Celebration
Association) and, to be consistent, has chosen not to enforce these
same provisions industry-wide. Beyond the additional costs and
confusion, APHIS has trained only 17 HPIs to perform HPA-related
inspections compared to more than 60 Designated Qualified Persons
licensed by Horse Industry Organization to perform HPA inspections, and
the parties in question were trained on the 2024 Horse Protection final
rule prior to partial vacatur. Notwithstanding these challenges, in
March 2025, when we issued the notice delaying the effective date, the
existing regulations had not yet been challenged and could potentially
be combined with the non-vacated provisions of the 2024 Horse
Protection final rule to establish a functional regulatory framework.
This is no longer certain, given the pending litigation.
Beyond this, in November 2025, the House Committee Report that
accompanied the Fiscal Year 2026 appropriations package contained notes
to APHIS related to the 2024 Horse Protection final rule and, among
other things, directed APHIS to withdraw the rule.
Because of the potential impact of the pending case challenging the
existing regulations, the U.S. District Court for the Northern District
of Texas' vacatur of several key portions of the 2024 Horse Protection
final rule, and APHIS's ongoing review of the House Committee Report,
we have determined that it is necessary to further postpone the
effective date of the 2024 Horse Protection Act final rule to December
31, 2026. For these reasons, we are further postponing the effective
date of the portions of the final rule that have not been vacated by
the District Court and otherwise would go into effect on February 1,
2026.
APHIS is taking this action, effective immediately, based on the
good cause exceptions in 5 U.S.C. 553(b)(B) and 553(d)(3). The need for
regulatory clarity in this context satisfies the good-cause
requirement.
Moreover, this notice further extending the effective date of the
non-vacated provisions of the 2024 Horse Protection final rule does not
impose any new obligations but rather delays new recordkeeping and
reporting requirements for certain horse show and sale managers who do
not have such obligations under the existing regulations. Thus, this
postponement may be immediately effective under 5 U.S.C. 553(d)(1),
because extending the effective date of this final rule would grant an
exception or relieve a restriction.
APHIS has also determined that it would be impracticable and
contrary to the public interest to provide additional notice and
comment on this action to postpone the effective date of the non-
vacated provisions of the 2024 Horse Protection final rule to December
31, 2026. It is impracticable because there is not sufficient time to
conduct an additional notice-and-comment process between now and
February 1, 2026. Additionally, as stated above, it is not feasible for
the agency to implement the non-vacated provisions on February 1, 2026.
This is because, due to the pending lawsuit and the uncertainty of how
it would affect the regulatory regime, APHIS has not been able to
develop training content for HPIs that would enable it to (1) recruit
an adequate number of HPIs to provide coverage for the 2026 show season
and (2) train the HPIs to detect and diagnose soring based on stable
regulatory requirements. Given these limitations, there are no fully
trained and licensed HPIs available to serve as qualified inspectors
for show management should they wish to retain them. If the non-vacated
provisions of the 2024 rule were to take effect, the new HPI provisions
would replace the third-party inspection program currently in place
(DQPs and HIOs), thus eliminating the availability of any qualified
inspectors that show management could retain to evaluate horses for
soreness prior to participation in HPA-covered events. This means that,
for the first time since 1979, show management would immediately become
responsible for determining how it will meet its obligations under the
HPA without the availability third-party inspectors licensed through
USDA.
Authority: 5 U.S.C. 705; 15 U.S.C. 1823-1825 and 1828; 7 CFR
2.22, 2.80, and 371.7.
Done in Washington, DC, this 23rd day of January 2026.
Dudley Hoskins,
Under Secretary for Marketing and Regulatory Programs, USDA.
[FR Doc. 2026-01648 Filed 1-27-26; 8:45 am]
BILLING CODE 3410-34-P
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</html>Indexed from Federal Register on January 28, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.