Texas Agriculture Commissioner calls horse anticruelty rule 'government overreach'
Jan 25, 2025
AUSTIN (KXAN) — A federal rule designed to "crack down on loopholes" in an anti-cruelty law protecting horses has drawn the ire of Texas Agriculture Commissioner Sid Miller, who called it "government overreach at its worst" during a Friday interview with KXAN.
"I'm horse shower. I'm rodeo guy," he said. "Before I go, I have to take my horses to vet and get a health certificate. They've already been inspected. So what this does is way too far."
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The rule targets "soring," the use of devices or substances to inflict pain on a horse's foreleg to cause the animal to do a "high-stepping running walk." While the 1970 Horse Protection Act banned the practice, the U.S. Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS) said it created this new enforcement rule to close loopholes in the law.
APHIS, following a White House directive to postpone all pending rules, announced Friday it will postpone implantation of the rule until April 2. The rule was previously scheduled to go into effect on Feb. 1.
"Thank goodness, working with the new Trump team, the new USDA folks. We got it stopped this morning," Miller said. "We got a 60-day extension, which is plenty of time for the new secretary to come in review this and see if we can get it right, because this is totally wrong."
Miller said he isn't open to adjustments or changes to the rule — he wants it gone.
"It goes to other breeds. There are only two breeds that are racking horses... this [rule] goes to American paint horse, thoroughbreds, quarter horses," he said. "It's just overreach, more government. It's controlled by the 'humaniacs,' you know, animal rights people."
He also claims the rule's language covers too many substances — some of which are commonly applied to horses, such as fly repellant or coat shine.
"In addition to having to hire veterinarians to be on site and have every horse inspected and re-inspected, if you win, you can be disqualified if they find fly spray on the legs of your horse, if you... put on your coat to make it shine," Miller claimed.
While the rule would limit the use of fly repellents and other substances, it does exempt uses necessary for therapeutic treatment. However, the rule states its provisions only apply to racking horses.
"Many seemingly benign products are indistinguishable from numbing, irritating, or caustic substances. Further, such products can be mixed with masking agents making them more difficult to detect," the rule reads. "A list of defined prohibited substances... is unnecessary because we are prohibiting all substances on Tennessee Walking Horses and racking horses not exempted for therapeutic treatment."
The rule does require horse shows, exhibitions, sales and auctions to have at least one "Horse Protection Inspector" per 100 horses at the event. APHIS would define the new classification's guidelines and qualifications under the rule. But this, according to Miller, would be "doubling up" on practices already in place.
"All these horses are inspected by the veterinarian... before they go in the show ring," he said. "The ring steward checks them for soundness, checks equipment see if there's any illegal equipment that might hurt the animal. We're already doing all this."
The American Association of Equine Practitioners (AAEP) has put its support behind the rule, however. The group represents more than 9,000 veterinarians and veterinary students who work with horses, according to AAEP's website.
“This is the beginning of a new era for horse health and welfare in the United States,” said AAEP president Dr. Katie Garrett in a May 20, 2024, press release. “The AAEP is grateful for the perseverance of the many individuals and organizations who tirelessly advocated for stronger protections.”
The group has opposed the practice of soring since at least 2008, when it published a recommendation paper.
The American Veterinary Medical Association (AVMA), representing 105,000 veterinarians, has also opposed soring.
“Ending the cruel and inhumane act of horse soring is long overdue and the strengthened regulations announced by the USDA will help end this needless suffering of horses by providing more enforcement mechanisms to maintain horse welfare,” said AVMA president Dr. Rena Carlson, in AAEP's release.