Comer says USDA may be ‘exceeding authority’ with walking horse soring inspections
Rep. James Comer, chairman of the House Oversight Committee, is alleging the U.S. Department of Agriculture may be overstepping its authority in the inspections it conducts at horse shows.
The congressman has subpoenaed Dr. Aaron Rhyner, the assistant director of the Animal and Plant Health Inspection Service, for a deposition to help determine whether the agency is overstepping its bounds when investigating soring — the act of deliberately inflicting pain on a horse’s legs or hooves.
A spokesman for Comer told the Herald-Leader that the Oversight Committee received allegations that Rhyner gave horse show representatives just two hours notice about new inspection requirements before a walking horse competition.
“The committee remains concerned over the USDA’s arbitrary enforcement of the Horse Protection Act and Chairman Comer believes Dr. Rhyner is the most knowledgeable person regarding USDA policies and operations related to Horse Protection Act enforcement.,” said Austin Hacker, Comer’s spokesman.
A USDA spokesperson acknowledged receipt of Comer’s request and said the agency would respond accordingly.
The Horse Protection Act is a federal law enacted in 1970 to prohibit the practice of soring, which involves harming horses limbs to produce an exaggerated gait for show purposes. It can involve applying chemicals such as mustard oil, kerosene and other products to the skin of equine or inserting sharp objects into their hooves to achieve an artificial high-step.
While it is punishable by civil and criminal penalties, the U.S. Humane Society of the United States says the anti-soring law is vulnerable to weak enforcement, loopholes and pressure from the walking horse industry to allow the practice to continue.
A self-enforcement system established by the USDA has also enabled the industry to conduct their own examinations at shows and sales.
“Rep. Comer likely has constituents who are participants in the [big lick, high stepping gait] sector of the walking horse industry, which may be driving his intentions,” said Keith Dane, senior director of Equine Protection at the Humane Society of the United States. “Or he may be doing a favor for Reps. [John] Rose and [Scott] DesJarlais of Tennessee, both of whom have been vocal defenders of the big lick faction, as neither are current members of the committee.”
There are 227,963 registered Tennessee Walking Horses alive today in all 50 states and 28 foreign countries. Tennessee and Kentucky are the two largest markets for Tennessee Walking Horses, with 55,448 in Tennessee and 34,043 in Kentucky, according to the Tennessee Walking Horse Breeders & Exhibitors Association.
According to data made available by the USDA, agency inspectors found soring violations at a 403% higher rate than industry inspectors between 2018 and 2020, a statistic that critics say illustrates the industry’s blind eye toward soring.
But walking horse industry officials counter that the evidence of violations remains low and believes enforcement must be a joint effort between the USDA and the Tennessee walking horse industry.
“The way our horses are inspected must be objective to the point that it is applied consistently and can’t be manipulated by friendly inspectors to allow horses to show that shouldn’t, or radical activist inspectors who want to disqualify horses that should be allowed to compete,” said Mark Farrar, chief executive of the Tennessee Walking Horse Breeders & Exhibitors Association.
Farrar said while he appreciates Comer’s efforts, his group has not had contact with the congressman, his office or the Oversight Committee.
Comer’s request dates back to August when he initially asked the Inspector General to review the USDA’s enforcement of the law. In October, Comer requested Rhyner be made available for an interview.
However, USDA continues to refuse to provide the requested information and has not made Rhyner available, according to Comer’s office.
“It has now been over four weeks since the committee’s initial request for the transcribed interview, and USDA has failed to make you available for a transcribed interview or a briefing,” Comer said in a statement.
For decades, players in the horse industry have complained that the methods of inspection used to detect soring are too subjective, but Dane said there have been many examples of participants going great lengths to hide soring abuses.
Still, a House bill aimed at ending all soring tactics has easily passed the House in the last two sessions of Congress with bipartisan support and has two dozen supporters on the House Oversight Committee.
“With over 50% of the House Oversight Committee and nearly 60% of the House of Representatives are PAST Act cosponsors showing strong support for improved HPA enforcement, why is Rep. Comer taking up this issue on the opposing side?” asked Dane.
This story was originally published December 2, 2024 at 5:00 AM with the headline "Comer says USDA may be ‘exceeding authority’ with walking horse soring inspections."
