Agency moves to withdraw controversial 2024 rule, preserve industry inspection system and strengthen due process protections following federal court decisions

The U.S. Department of Agriculture has proposed a sweeping overhaul of its Horse Protection Act regulations, marking a significant victory for the Tennessee Walking Horse industry and a fundamental change in the federal government's approach to enforcing the law.

In a proposed rule scheduled for publication in the Federal Register on Nov. 13, the USDA's Animal and Plant Health Inspection Service (APHIS) announced plans to withdraw the remaining provisions of its controversial May 2024 Horse Protection final rule and establish a revised regulatory framework that preserves the industry's inspection system, strengthens due process protections and addresses concerns raised in federal court decisions.

The proposal follows more than two years of legal challenges, including successful litigation brought by the Tennessee Walking Horse National Celebration Association and subsequent litigation challenging longstanding USDA enforcement policies.

Among the most significant provisions, USDA proposes retaining the Designated Qualified Person (DQP) inspection system administered through certified horse industry organizations (HIOs), removing the existing federal scar rule, establishing new procedures for appealing USDA inspection findings and eliminating the agency's longstanding policy of disqualifying horses from an entire show following a finding of soreness.
The proposed rule also abandons the broad prohibitions on action devices, pads and certain other equipment included in the 2024 rule, while maintaining prohibitions against practices and equipment that cause or can reasonably be expected to cause soreness.

Federal court victories shape new proposal

The proposed regulatory changes follow a series of significant legal developments involving the Tennessee Walking Horse industry.

On Jan. 31, 2025, the U.S. District Court for the Northern District of Texas ruled in favor of The Celebration and other plaintiffs on several major challenges to USDA's 2024 rule.

The court determined that the rule's prohibitions on action devices, pads and substances exceeded USDA's statutory authority under the Horse Protection Act. The court also found that the rule's replacement for the existing scar rule and its procedures for appealing inspection findings failed to provide adequate due process protections.

The court vacated those provisions, substantially undermining the regulatory framework USDA had adopted in 2024.

Although the court upheld USDA's authority to replace the industry-based DQP system with federally authorized Horse Protection Inspectors, the agency has now proposed abandoning that change as well.

Additional litigation in Gould v. USDA challenged the existing scar rule, USDA's no-showback policy and the adequacy of due process protections associated with USDA inspection findings.

In its new proposal, USDA acknowledges the significance of these legal challenges and the need to bring its regulations into closer alignment with the Horse Protection Act.

The agency also cites concerns expressed by the House Appropriations Committee, which questioned the legal authority, economic analysis and scientific foundation underlying the 2024 rule.

The committee directed APHIS to withdraw the 2024 rule and work with the industry to eliminate soring through objective, science-based inspection protocols.

Industry inspection system preserved

One of the most consequential aspects of the proposal is USDA's decision to retain the HIO-administered DQP inspection system.

The 2024 rule would have replaced that system with federally authorized Horse Protection Inspectors, fundamentally changing the relationship between USDA and the horse industry.

Under the new proposal, HIOs would continue to train, license and oversee DQPs, subject to enhanced federal certification requirements and additional inspection standards.

USDA proposes expanding DQP training, strengthening conflict-of-interest requirements, establishing additional performance monitoring and modernizing inspection procedures.

The agency would also assume responsibility for providing experienced equine veterinarians to conduct much of the required DQP training.

While preserving the industry's role in inspections, the proposal would require existing HIOs to obtain certification under the revised standards. USDA proposes allowing existing HIO certifications and DQP licenses to remain valid for one year following the effective date of a final rule, after which new certification and licensing requirements would apply.

New HIO certifications would be valid for 10 years, replacing the current system of indefinite certification.
Scar rule and no-showback policy addressed

The proposed elimination of the existing federal scar rule represents another major development.
USDA acknowledges concerns surrounding the application of the scar rule and proposes removing it while continuing to enforce the statutory definition of a sore horse.

The agency also recognizes that the horse industry historically maintained its own standards concerning scarring and evidence of previous abuse, suggesting that industry organizations could consider voluntary standards in the future.

In another significant change, USDA proposes clarifying that a horse determined to be sore would be disqualified from the specific class for which it was inspected, rather than automatically being prohibited from participating in the remainder of the show.

This change would eliminate USDA's no-showback policy, which became the subject of litigation in federal court.
A horse disqualified from one class could subsequently be presented for inspection and, if compliant, participate in another class during the same event.

Additional due process protections

The proposed rule also establishes new protections for exhibitors facing adverse USDA inspection findings.
Under the proposal, two APHIS veterinarians would be required to independently inspect a horse and agree on a finding of noncompliance before USDA could proceed with notifying management.

An exhibitor or other person responsible for the horse would also have the opportunity to immediately appeal the finding to a neutral Appeals Official at the event.

The appeal would occur before management is notified of the finding and required to take disqualification action.
These provisions directly address due process concerns raised during litigation involving the 2024 rule and subsequent challenges to USDA inspection procedures.

Enhanced inspections remain part of proposal

Although the proposed rule represents a substantial departure from the 2024 regulations, USDA is also seeking to strengthen enforcement through additional inspection requirements.

The proposal includes expanded DQP training, prohibited-substance testing, blood sampling, additional monitoring of horses in warm-up areas and new procedures for inspecting horses that have competed.
USDA also proposes strengthening prohibitions against substances used to mask soreness, including sedatives and topical numbing agents.

These changes would create additional responsibilities for HIOs and show management and are expected to receive considerable attention during the public comment period.

A new direction for the industry

The proposed rule represents a significant change in USDA's regulatory philosophy, moving away from the broad restrictions and federally administered inspection system envisioned in 2024 toward an approach that retains industry participation while expanding oversight and modernizing inspection procedures.

For the Tennessee Walking Horse industry, the proposal provides an opportunity to establish a more cooperative relationship with USDA while maintaining the shared objective of eliminating soring and promoting fair competition.

The proposal is not yet final, and the industry will have an opportunity to comment on the regulatory language and its potential impact.

The rule is scheduled for publication Nov. 13, with a 30-day public comment period.

Comments may be submitted through Regulations.gov under docket number APHIS-2026-0067.
The final regulations will depend on USDA's consideration of those comments and completion of the federal rulemaking process.

Click here to read the full proposed rule.