The United States Department of Agriculture has submitted a new proposed rulemaking concerning the Horse Protection Act to the Office of Information and Regulatory Affairs (OIRA) for review. According to the federal regulatory agenda, the proposal was received by OIRA on June 23, 2026.
The action follows recent litigation in the U.S. Court of Appeals for the Fifth Circuit, which enjoined USDA from implementing several provisions contained in its 2024 Horse Protection Act rule and also blocked enforcement of certain portions of existing regulations, including the scar rule and the no-showback policy. The Regulatory Identification Number (RIN) assigned to the new proposal is 0579-AE93.
USDA previously delayed implementation of the lone provision of the 2024 rule that survived the Fifth Circuit challenge. That provision would have eliminated the current Horse Industry Organization structure and transferred all inspection and enforcement responsibilities to USDA personnel.
Because the proposal remains under OIRA review, its contents are not yet available to the public. While it is anticipated the rulemaking will address enforcement responsibilities under the Horse Protection Act, the specifics of the proposal will not be known until OIRA completes its review and USDA publishes the proposed rule for public inspection and comment.
Under federal procedures, OIRA review generally may take up to 90 days, although reviews can be completed sooner.
Additional information on the proposal is available through OIRA under Regulatory Identification Number 0579-AE93.