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What’s New with the Horse Protection Act: Key Findings from the Inspector General’s Review of USDA Enforcement

By: Kimbrell Hines, Esq.

The Horse Protection Act (“HPA”) is a federal law passed in 1970 to combat the inhumane practice of “soring” which generally refers to intentionally causing pain to a horse’s feet and/or legs to exaggerate its gait for competitive advantage. While historically associated with gaited breeds like Tennessee Walking Horses and Racking Horses, the HPA applies broadly to all horses, regardless of breed or discipline. The USDA’s Animal and Plant Health Inspection Service (APHIS), which enforces the HPA, has reaffirmed this point repeatedly.

The HPA prohibits any sored horse from being shown, exhibited, transported, sold, or auctioned. Under the HPA, “soring” is broadly defined as any practice that causes a horse pain, inflammation, lameness, or distress when moving. This expansive definition, combined with steep penalties and increased public scrutiny, means equestrians across all disciplines should pay close attention to how the HPA is enforced.

While the HPA has existed for over 50 years, recent enforcement controversies and legal challenges have pushed it back into the spotlight. New attention has been drawn by the June 2025 findings of the USDA’s Office of Inspector General (OIG), which reviewed APHIS’s enforcement practices following allegations of unfair treatment at the 2024 Tennessee Walking Horse National Celebration.

Key Findings from the Inspector General’s Review

The OIG’s report identified several major issues with APHIS’s enforcement of the HPA:

1. Lack of Conflict-of-Interest Safeguards

APHIS had no formal policy to prevent conflicts of interest among inspectors, undermining industry trust. In March 2025, APHIS responded by adopting a new “Standards of Professional Behavior,” which now includes ethics requirements and conflict-of-interest rules.

1. Due Process Deficiencies

Participants disqualified from events had no access to onsite appeals or pre-disqualification hearings, which raised constitutional concerns. A federal court ruled that post-disqualification remedies were insufficient. APHIS is now considering alternative dispute resolution options, with updates expected by September 30, 2025.

1. Inconsistent Inspection Procedures

The report found variability in inspection practices and inspector training. APHIS has pledged to retrain inspectors and implement consistent quality control measures before the 2025 show season ends. However, it remains unknown when such measures will be implemented. 

• Delayed Communication with Show Organizers

APHIS guidance often arrived mid-season, making compliance difficult. Moving forward, APHIS has committed to issuing updates before February 1 each year to ensure clarity ahead of the competition season.

Why This Matters Beyond Gaited Breeds

Many equestrians outside the walking horse world mistakenly believe the HPA does not affect them. But with growing criticism of horses’ movements in other classes, like western pleasure, the risk of federal regulation is real for any discipline where movement is judged. The HPA’s vague statutory language means even routine riding could be construed as “soring” if it results in inflammation or distress. Further, the HPA does not define how “soring” is detected. If a horse is determined to have been sored, liability can extend to the owner, trainer, exhibitor, or show management. Disqualified horses and riders may be banned from that particular event as well as future events.

Legal and Industry Consequences

Legal challenges in 2024 exposed serious flaws in the 2024 APHIS rulemaking, including lack of scientific evidence, vague prohibitions, and limited procedural protections. Courts agreed these defects violated due process, a fundamental principle requiring fair procedures when the government acts against individual rights or property.

These enforcement problems with the HPA highlight the consequences of failed self-regulation in the horse industry. The Tennessee Walking Horse industry’s inability to address soring internally led to federal regulation. Today, that regulation risks extending into breeds and disciplines where the risk of abuse abuse is rare but regulatory consequences could still be severe.

The Path Forward: Informed Self-Regulation and Advocacy

The horse industry must advocate for consistent, evidence-based rules that prioritize actual horse welfare, without overburdening responsible competitors. That includes insisting on:

1. Clear, objective standards for detecting and defining soring;
2. Scientifically supported inspection techniques; and,
3. Fair, transparent appeal processes for alleged violations. 

Horse owners, trainers, and event managers should stay informed on proposed HPA rule changes, participate in public comment opportunities, and engage with breed and other horse associations to shape regulatory policy. A more educated and unified equine community is essential to ensure that HPA enforcement protects horses without stifling fair competition.

The HPA may have been designed for one segment of the industry, but its implications now span across all disciplines. As scrutiny intensifies, all horse enthusiasts must understand their rights, responsibilities, and risks under the HPA, and work together to protect both their horses and the future of their sport.

*** Kimbrell J. Hines is an active equestrian and an equine attorney with Turkel Cuva Barrios, P.A., d/b/a Turkel • Cuva • Barrios • Guerra. Kimbrell has extensive knowledge of the nuances of the legal and business challenges that horse owners and enthusiasts experience in the equine industry. Kimbrell represents clients in matters including injuries to horses and riders, sale and purchase contracts, leases and boarding agreements, USEF & FEI compliance and responses, and claims concerning professionals providing equine-related services. Kimbrell obtained her law degree and bachelor’s degree from the University of Florida, where she competed for the University of Florida Equestrian Team. She also has a Master of Science in Human Resource Management from the University of Tennessee. Kimbrell may be reached at khines@tcb-law.com or 813-834-9191. 

*** This article is provided as a guide for educational purposes only. It is not intended to serve as legal advice and should not be used as a substitute for consultation with an attorney.