Expanded inspection procedures, mandatory recertification and new testing requirements will demand close attention from industry organizations and horse show management.

While the U.S. Department of Agriculture's proposed withdrawal of its controversial 2024 Horse Protection final rule represents a significant development for the Tennessee Walking Horse industry, the agency's newly proposed regulations also contain substantial changes that would affect horse industry organizations, designated qualified persons, show management, trainers and exhibitors.

The proposed rule, scheduled for publication in the Federal Register on Nov. 13, preserves the industry-administered inspection system but establishes expanded training, certification, testing and inspection requirements designed to strengthen enforcement of the Horse Protection Act.

For existing horse industry organizations (HIOs) the proposal would require significant changes to their inspection programs and eventual recertification by USDA.

For trainers and exhibitors, the proposal offers additional due process protections while introducing new inspection procedures, including blood sampling, prohibited-substance testing and expanded examinations of horses following competition.

Existing HIOs would be required to obtain new certification

One of the most consequential provisions involves the certification of existing HIOs.
Under current regulations, an HIO's DQP program certification remains valid indefinitely unless revoked by USDA.

The proposed rule would replace indefinite certification with a 10-year certification period and require existing HIOs to qualify under the new regulatory standards.

USDA specifically states that, if the provision is adopted, all existing DQP program certifications and licenses issued under those programs would expire one year after the effective date of the final rule.
That transition period would allow existing HIOs to submit applications for certification under the new requirements and train and license DQPs accordingly.

The proposal does not permanently grandfather existing HIO certifications.

Instead, organizations seeking to continue administering DQP programs would have to demonstrate compliance with the expanded certification standards.

These requirements would include revised training programs, enhanced inspection procedures, methods for monitoring DQP performance, prohibited-substance testing protocols and procedures allowing exhibitors to contest DQP inspection findings.

The proposal raises an important practical question for existing HIOs: whether organizations that submit timely applications would be permitted to continue operating if USDA has not completed its certification review before the one-year transition period expires.

That issue could warrant clarification during the public comment process.

New training and licensing requirements for DQPs

The proposed rule would significantly expand the training and licensing requirements for designated qualified persons.

Under the proposal, DQPs would be required to obtain a new license every five years rather than maintaining their licenses indefinitely through annual continuing education.

Each renewal would require completion of the prescribed training and licensing requirements.

USDA would provide experienced equine veterinarians to conduct 10 hours of the required 14-hour initial training program, with HIOs responsible for the remaining instruction.

DQPs would continue to complete four hours of annual continuing education.

The proposal would also increase the required apprenticeship from two horse shows to four, followed by a demonstration of competency to an APHIS representative.

Written and practical examinations would be required, with a minimum passing score of 85% on each examination.

HIOs would also be required to establish stronger procedures for identifying conflicts of interest and monitoring DQP performance.

The agency's objective is to improve inspection consistency, particularly between shows attended by USDA personnel and those inspected exclusively by industry DQPs.

Expanded responsibilities for HIOs

The proposed regulations would place additional responsibilities on HIOs beyond the training and licensing of inspectors.

Organizations would be required to develop comprehensive inspection programs addressing prohibited substances, blood sampling, monitoring of warm-up areas and procedures for evaluating DQP performance.
HIOs would also need to establish procedures allowing an owner, trainer, exhibitor or other person responsible for a horse to contest a DQP's finding of noncompliance.

USDA identifies an independent inspection by a second DQP as one possible method for providing this review.
The proposal also calls for procedures to ensure uniform interpretation and enforcement of the Horse Protection Act across events affiliated with each HIO.

These requirements would create additional administrative, financial and operational responsibilities for organizations administering inspection programs.

Blood testing and prohibited-substance sampling

One of the most substantial changes involves the modernization of inspection procedures through expanded diagnostic testing.

The proposal would require HIOs to establish procedures for collecting and testing blood samples to identify sedatives and other drugs that could interfere with the detection of soreness.

It would also require procedures for collecting and testing swabs from horses' pasterns for prohibited substances.
Under the proposed inspection procedures, blood sampling would become part of the inspection process for specified horses, including Tennessee Walking Horses and racking horses placing first in their classes.
The proposed framework also addresses sampling of other horses and those found in violation of the Act or regulations.

HIOs would be responsible for establishing uniform testing procedures using accepted methodologies and practices, including appropriate sampling methods and testing thresholds.

USDA considered prescribing a specific list of prohibited substances and uniform testing levels but instead proposed a more flexible approach intended to accommodate advances in science and technology.

The agency also considered requiring urine testing but did not include that requirement in the proposal.
These provisions could represent one of the most expensive and operationally complex changes for HIOs and show management, particularly if qualified personnel, laboratory services and additional equipment are needed.
The industry will need to evaluate how testing would be administered, who would bear the costs and how results would be handled.

Additional inspections of performance horses

The proposal would also expand certain physical inspection procedures, including examinations of horses wearing pads.

Under the proposed requirements, pads would be removed from Tennessee Walking Horses and racking horses placing first in their classes, subject to an exception intended to avoid repeated removal during the same day.
This requirement could present significant logistical challenges at larger horse shows, particularly events with numerous classes and limited time between performances.

Although USDA proposes withdrawing the 2024 rule's requirement that show management provide a farrier at every event, HIOs and management would still be responsible for determining how required inspections involving pad removal would be completed.

The proposal also strengthens inspection oversight in unloading, preparation, warm-up and barn areas.
These requirements could affect staffing, inspection schedules and the movement of horses through inspection areas at major events.

Changes in required DQP staffing

The proposal would lower the threshold requiring management to appoint at least two DQPs.
Under current regulations, two DQPs are required when more than 150 horses are entered in an event.
The new proposal would lower that threshold to more than 100 horses.

This would increase staffing requirements for some smaller and intermediate-sized shows.

For larger events the expanded inspection procedures could also affect the number of inspectors and support personnel needed to complete examinations efficiently.

New protections for exhibitors

While the proposal increases inspection requirements, it also establishes important procedural protections for exhibitors.

For USDA inspections, the proposal would require two APHIS veterinarians to independently examine a horse and concur in a finding of noncompliance before USDA proceeds with notifying show management.
The person responsible for the horse would have an opportunity to immediately appeal the finding to a neutral Appeals Official at the event.

The appeal would occur before the finding is communicated to management for potential disqualification.
The proposed rule would also require HIOs to establish procedures through which exhibitors could contest findings made by industry DQPs.

These changes are intended to address longstanding concerns regarding the consistency and fairness of inspection decisions.

No-showback policy would be eliminated

The proposed regulations would clarify that a horse found sore is disqualified from the class for which it was inspected rather than automatically being disqualified from the entire show.

This change would eliminate USDA's longstanding no-showback policy.

A horse disqualified from one class could be presented for inspection before a subsequent class and permitted to compete if it meets the applicable requirements.

The proposal also provides opportunities to correct certain equipment-related violations and have a horse reinspected for participation in the same class.

These provisions follow federal litigation challenging USDA's authority to impose broader disqualifications.
Scar rule would be removed

USDA also proposes removing the existing federal scar rule, which has historically been used to identify certain dermatological conditions considered indicative of soring.

The agency acknowledges concerns regarding the application of the rule and whether its standards appropriately establish soreness under the Horse Protection Act.

Removal of the scar rule would not eliminate the statutory prohibition against showing sore horses or the statutory presumption associated with abnormal sensitivity or inflammation in both forelimbs or both hindlimbs in enforcement proceedings.

USDA also recognizes that the Tennessee Walking Horse industry maintained standards concerning scarring before the federal scar rule was adopted and suggests that industry organizations could consider voluntary standards addressing evidence of previous abuse.

Financial and operational considerations

The proposal presents a different regulatory approach from the 2024 rule, but it would not eliminate compliance costs.

Although USDA would assume responsibility for providing much of the DQP training, HIOs would incur costs associated with developing new certification programs, expanding inspections, establishing testing protocols and monitoring inspector performance.

Show management could also face additional expenses related to inspection staffing, blood sampling, pad removal and other operational requirements.

USDA acknowledges uncertainty regarding the financial impact of some of these changes and specifically invites public comments addressing costs to HIOs and DQPs.

For smaller horse shows and HIOs operating with limited resources, these issues could be particularly important.
Industry input will be critical.

The proposed rule creates an opportunity for the Tennessee Walking Horse industry to help shape the next generation of Horse Protection Act regulations.

Although USDA's decision to preserve the DQP system, withdraw the 2024 rule and establish additional due process protections represents a substantial change in direction, the new requirements will need careful evaluation to ensure they are practical, consistent and financially sustainable.

Among the issues warranting particular attention are the recertification process for existing HIOs, the one-year transition period, the availability of qualified DQPs, the cost and administration of blood testing, the feasibility of mandatory pad removal and the operation of new appeals procedures.

The industry also has an opportunity to recommend modifications that would strengthen enforcement while avoiding unnecessary disruption to horse shows and exhibitors.

USDA has scheduled publication of the proposed rule for Nov. 13, with a 30-day public comment period.
Comments may be submitted through Regulations.gov under docket number APHIS-2026-0067.
The proposed regulations will not become final until USDA completes the rulemaking process.

Click here for the complete rule