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SHOW Submits Rulebook To USDA



SHELBYVILLE, Tenn. – Pursuant to a request from the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Services’ (APHIS) Deputy Administrator Dr. Chester A. Gipson, SHOW has submitted its rulebook for approval by the USDA.  Dr. Gipson made the request to all HIOs in letters dated August 12, 2010 and October 15, 2010 to submit their rule books and that approval or denial would be given by January 1, 2011.  Dr. Gipson required  that all rulebooks contain the mandatory penalties set forth by the USDA.

Earlier today, November 30, 2010, SHOW submitted its rulebook along with the DQP inspection process, hearing process and penalty matrix.  SHOW did not adopt the USDA mandatory penalties but made known in its letter accompanying the rulebook that it felt its entire process, including its current penalties, are appropriate and “effectuates the purposes of the HPA.”

SHOW stated that it believed there were numerous legal and practical problems with the USDA requiring private organizations or associations to adopt “mandatory penalties” and hearing processes.  SHOW also pointed out that under the HPA or Regulations the Secretary does not have the right or ability to delegate enforcement of the HPA penalties to an HIO or its DQPs. And in fact it specifically states in the law in Section 6 that “No penalty shall be assessed unless such person is given notice and opportunity for a hearing before the Secretary with respect to such violation.”

SHOW also referenced all of the changes it has incorporated in its 18 months of existence and believes those changes meet or exceed all of the identified issues in the recent Office of Inspector General Audit. Finally SHOW respectfully requested the USDA reconsider its “mandatory penalties” or face decertification and litigate strategy and allow SHOW with its fully compliant, entire process, to continue its strategy to “find and eliminate the sore horse” and to continue to “effectuate the purposes of the HPA” with its current process, including its HIO penalties, which have proven to be more than appropriate.

To read the complete letter to Dr. Chester A. Gipson from Dr. Stephen L. Mullins, President of SHOW click here.

Click here to view the 2011 SHOW Rulebook.

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