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S. 811Became Law

Horse Protection Act Amendments of 1976

(Measure passed House, amended, in lieu of H.R. 13711)

Horse Protection Act Amendments - Amends the Horse Protection Act of 1970 to redefine "sore" when used to describe a horse. Disqualifies a sore horse from any horse show or exhibition. Prohibits the sale of a sore horse at a public sale or auction.

Directs the Secretary of Agriculture to prescribe regulations requiring: (1) appointment of persons to inspect horses for any horse show, exhibition, sale, or auction; and (2) recordkeeping by the management of any horse show, exhibition, sale, or auction. Authorizes the Secretary to make certain inspections for enforcement of this Act.

Prohibits: (1) the transportation of a sore horse for show or sale; (2) the showing or selling of such a horse by its owner; (3) the failure to disqualify such a horse from a show or sale; (4) the failure to retain inspection personnel; (5) the failure to keep required records; and (6) interference with specified enforcement measures taken by the Secretary.

Imposes a fine of not more than $3,000 or imprisonment for not more than one year or both for knowing violation of this Act. Increases the penalty to a fine of not more than $5,000 or imprisonment for not more than two years or both for subsequent convictions. Imposes a fine of not more than $5,000 or imprisonment for not more than three years or both for: (1) falsifying records; or (2) interference with official duties, under this Act. Imposes a fine of $10,000 or imprisonment for not more than ten years or both for use of a deadly weapon in such interference. Declares any person who violates such prohibitions liable for a civil penalty of not more than $2,000 for each violation.

Sets forth procedures with respect to enforcement and adjudication under this Act. Requires annual, rather than biennial, reports from the Secretary to the Congress with respect to this Act. Authorizes the appropriation of up to $500,000 for fiscal years beginning after September 30, 1976, to carry out this Act.

Public law 94-360.

Sen. Tunney, John V. [D-CA](D-CA)Sponsor
17 cosponsors
2committees1related bills
Jun 21, 197636
(Measure passed House, amended, in lieu of H.R. 13711)

Horse Protection Act Amendments - Amends the Horse Protection Act of 1970 to redefine "sore" when used to describe a horse. Disqualifies a sore horse from any horse show or exhibition. Prohibits the sale of a sore horse at a public sale or auction.

Directs the Secretary of Agriculture to prescribe regulations requiring: (1) appointment of persons to inspect horses for any horse show, exhibition, sale, or auction; and (2) recordkeeping by the management of any horse show, exhibition, sale, or auction. Authorizes the Secretary to make certain inspections for enforcement of this Act.

Prohibits: (1) the transportation of a sore horse for show or sale; (2) the showing or selling of such a horse by its owner; (3) the failure to disqualify such a horse from a show or sale; (4) the failure to retain inspection personnel; (5) the failure to keep required records; and (6) interference with specified enforcement measures taken by the Secretary.

Imposes a fine of not more than $3,000 or imprisonment for not more than one year or both for knowing violation of this Act. Increases the penalty to a fine of not more than $5,000 or imprisonment for not more than two years or both for subsequent convictions. Imposes a fine of not more than $5,000 or imprisonment for not more than three years or both for: (1) falsifying records; or (2) interference with official duties, under this Act. Imposes a fine of $10,000 or imprisonment for not more than ten years or both for use of a deadly weapon in such interference. Declares any person who violates such prohibitions liable for a civil penalty of not more than $2,000 for each violation.

Sets forth procedures with respect to enforcement and adjudication under this Act. Requires annual, rather than biennial, reports from the Secretary to the Congress with respect to this Act. Authorizes the appropriation of up to $500,000 for fiscal years beginning after September 30, 1976, to carry out this Act.

Feb 24, 197500

Horse Protection Act Amendments - Defines the terms used in the Act including the term "sore" to define the treatment of a horse made unlawful under the Act.

Sets forth the Congressional findings as to the cruel, inhumane, and unfair practices to be eliminated with regard to the treatment of horses.

Requires the management of a horse show or horse exhibition to disqualify any horse which is sore or which has any unsound limb from being shown or exhibited. Prohibits the sale or auction of any horse which is sore and provides for the appointing and retaining of a person qualified to detect and diagnose a sore horse and horse with any unsound limb (other than a person who has been disqualified by the Secretary) to inspect horses for purposes of the Horse Protection Act. Authorizes the Secretary of Agriculture to inspect any horse show, exhibition, public horse sale or auction and to inspect and copy all such records as are required to be kept under this Act.

Prohibits the shipping, transporting, moving, delivering, or receiving any horse which is sore (except a horse which is sore as a result of veterinary medicine treatment) where there is reason to believe that the horse may be shown, exhibited, or entered in a horse show, exhibition, sale, or auction.

Prohibits the showing, exhibiting, or entering any horse in such an event for the purpose of showing, exhibiting, selling, or auctioning, if the horse is sore. Prohibits a horse being shown or exhibited by any person who has been advised that the horse has an unsound limb. Prohibits the management of a horse show, exhibition, sale, or auction to fail to disqualify any horse which is sore or which has an unsound limb from being shown or exhibited, to fail to prohibit the public sale or auction of any horse which is sore, and, in the case of management which appoints and retains a qualified expert to inspect horses, fail to disqualify or prohibit horses from beign shown, exhibited, sold, or auctioned upon the findings of such experts. Prohibits the failure to keep or submit to the Secretary, required records, notices, reports, and other materials; to refuse to permit Government inspection to determine compliance with this law; or to fail to provide adequate space or facilities for the Secretary of Agriculture to use to carry out his inspection and enforcement functions.

Revises the enforcement and criminal provisions, civil penalties and other sanctions for noncompliance of the provisions of the Horse Protection Act.

Makes it a crime to "knowingly" commit any of the prohibited acts defined in the Act.

Authorizes the Secretary, after notice and an opportunity for a hearing, to disqualify any person who is convicted of a criminal violation or found to have committed a civil violation of this Act or any regulation of this Act or any regulation thereunder from future horse shows, horse exhibitions, public horse sales and auctions for a period of up to one year for a first offense and not less than one year for each subsequent offense.

Sets forth procedural requirements and authorities to enforce this Act including authority in the Secretary to require annual or special reports, to obtain witnesses, and to penalize failure to comply with procedures.

Requires the Secretary to submit annual reports on enforcement actions taken under this Act.

Authorizes appropriations to the Secretary for carrying out the provisions of the Act not to exceed $1,000,000 for the fiscal years ending June 30, 1975, June 30, 1976, and June 30, 1977.

Horse Protection Act Amendments of 1976 — Informed