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Proposed Rule Changes by the USDA - Mandatory Penalties



If you are an owner, trainer, breeder, exhibitor, show manager or stake holder involved with the Tennessee Walking Horse industry in any way please take time to read and comment on the proposed rule changes by the USDA pertaining to the mandatory penalties. You have an opportunity to have your voice heard, please take advantage of it. If you have not read the proposed mandatory penalties please take time and read below.

The deadline for your comment is July 26, 2011. The following link will take you to the government website where you can post your comment. Regulations.gov.


 
30868 Federal Register/Vol. 76, No. 103/Friday, May 27, 2011/Proposed Rules judicial challenge to the provisions of this rule.

Paperwork Reduction Act. This proposed rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 9 CFR Part 11 Animal welfare, Horses, Reporting and recordkeeping requirements.

Accordingly, we propose to amend 9 CFR part 11 as follows:

PART 11-HORSE PROTECTION REGULATIONS

1. The authority citation for 9 CFR part 11 continues to read as follows:
Authority: 15 U.S.C. 1823-1825 and 1828; 7 CFR 2.22, 2.80, and 371.7.
§11.7 [Amended]

2. In §11.7, paragraph (g), the first sentence is amended by removing the word ''section'' the second time it
appears and adding the word ''part'' in its place. 3. In §11.21, the section heading and paragraph (d) are revised to read as follows:
§11.21 Inspection procedures for designated qualified persons (DQPs).
* * * * *
(d) The HIO that licensed the DQP shall assess and enforce penalties for violations in accordance with §11.25 and shall report all violations in accordance with §11.20(b)(4). 4. A new §11.25 is added to read as
follows:
§11.25 Minimum penalties to be assessed and enforced by HIOs that license DQPs.
(a) Rulebook. Each HIO that licenses DQPs in accordance with §11.7 must include in its rulebook, and enforce, penalties for the violations listed in this section that equal or exceed the penalties listed in paragraph (c) of this section.
(b) Suspensions. (1) For the violations listed in paragraph (c) of this section
that require a suspension, individuals including, but not limited to, the owner, manager, trainer, rider, custodian, or seller, as applicable, who are responsible for showing the horse, exhibiting the horse, entering or allowing the entry of the horse in a show or exhibition, selling the horse, auctioning the horse, or offering the horse for sale or auction must be suspended.
(2) If a horse is found to be bilaterally sore or unilaterally sore as defined in paragraph (c) of this section, in violation of the scar rule in §11.3, or in violation of the prohibition against the use of foreign substances in §11.2(c), the transporter of the horse may also be suspended if the transporter had reason to believe that the horse was to be shown, exhibited, entered for those purposes, sold, auctioned, or offered for sale.
(3) A person who is suspended must not be permitted to show or exhibit any horse or judge or manage any horse show, horse exhibition, or horse sale or auction for the duration of the suspension.
(4) Any person with multiple suspensions must serve them consecutively, not concurrently. (c) Minimum penalties-(1) Bilateral sore. A horse is found to be sore in both its forelimbs or hindlimbs. The horse
must be dismissed from the remainder of the horse show, exhibition, sale, or auction. First offense: Suspension for 1 year. Second offense: Suspension for 2 years. Third offense and any subsequent offenses: Suspension for 4 years. (2) Unilateral sore. A horse is found to be sore in one of its forelimbs or hindlimbs. The horse must be dismissed from the remainder of the horse show, exhibition, sale, or auction. First
offense: Suspension for 60 days. Second offense: Suspension for 120 days. Third offense and any subsequent offenses: Suspension for 1 year.  (3) Scar rule violation. A horse is found to be in violation of the scar rule in §11.3. The horse must be dismissed from the remainder of the horse show, exhibition, sale, or auction. First offense: Suspension for 2 weeks. Second offense: Suspension for 60 days. Third offense and any subsequent offenses: Suspension for 1 year. (4) Foreign substance violations.
Violations of the prohibition against the use of foreign substances in §11.2(c).
(i) Before or during the show, exhibition, sale, or auction. The horse must be dismissed from the remainder
of the horse show, exhibition, sale, or auction. (ii) After the show, exhibition, sale, or auction. Suspension for 2 weeks (14 days). The horse must be dismissed from the remainder of the horse show, exhibition, sale, or auction. (5) Equipment violation. Violations of the equipment-related prohibitions in §11.2(b)(1) through (b)(10) and (b)(12) through (b)(17). (i) Before or during the show, exhibition, sale, or auction. The horse must be dismissed from the remainder of the horse show, exhibition, sale, or auction. (ii) After the show, exhibition, sale, or auction. Suspension for 2 weeks (14 days). The horse must be dismissed from the remainder of the horse show, exhibition, sale, or auction. (6) Shoeing violation. Violation of the
shoeing-related prohibitions in §11.2(b)(18). The horse must be dismissed from the remainder of the
horse show, exhibition, sale, or auction. (7) Heel-toe ratio. Violation of the heel-toe ratio requirement in
§11.2(b)(11). The horse must be dismissed from the remainder of the horse show, exhibition, sale, or auction. (8) Unruly or fractious horse. A horse that cannot be inspected in accordance with §11.21. The horse must be dismissed from the individual class for which it was to be inspected. (9) Suspension violation. A violation of any suspension penalty previously issued. Suspension for an additional 6
months (180 days) for each occurrence. (d) Appeals. The HIO must provide a process in its rulebook for alleged violators to appeal penalties. The process must be approved by the Department. For all appeals, the appeal must be granted and the case heard and decided by the HIO or the violator must begin serving the penalty within 60 days of the date of the violation. The HIO must submit to the Department all decisions on penalty appeals within 30 days of the completion of the appeal. (e) Departmental prosecution. The Department retains the authority to initiate enforcement proceedings with respect to any violation of the Act, including violations for which penalties are assessed in accordance with this section, and to impose the penalties authorized by the Act if the Department determines that such actions are necessary to fulfill the purpose of the Act and this part. In addition, the Department reserves the right to inform the Attorney General of any violation of the Act or of this part, including violations for which penalties are assessed in accordance with this section.

Done in Washington, DC, this 23rd day of May 2011.

Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2011-13231 Filed 5-26-11; 8:45 am]
BILLING CODE 3410-34-P

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