For the purposes of this part, unless the context otherwise requires, the following terms shall have the meanings assigned to them in this section. The singular form shall also import the plural and the masculine form shall also import the feminine. Words of art undefined in the following paragraphs shall have the meaning attributed to them by trade usage.

(a) "Act" means the Act of December 9, 1970 (Public Law 91-540; 84 Stat. 1404; 15 U.S.C. 1821-1831) cited as the Horse Protection Act of 1970.

(b) "Department" means the U.S. Department of Agriculture.

(c) "Administrator" means the Administrator of the Animal and Plant Health Inspection Service of the Department, or any officer or employee of said Service to whom authority has heretofore been delegated or to whom authority may hereafter be delegated to act in his stead.

(d) "Veterinary Services" means the office of the Animal and Plant Health Inspection Service to which is assigned responsibility for the performance of functions under the Act.

(e) "Deputy Administrator" means the Deputy Administrator for Veterinary Services or any other officer or employee of Veterinary Services to whom authority has heretofore been delegated or to whom authority may hereafter be delegated to act in his stead.

(f) "Veterinarian in Charge" means the Veterinary Services veterinarian who is assigned by the Deputy Administrator to supervise and perform the official work of Veterinary Services under the Act in a specified State.1

(g) "Veterinarian" means a graduate from a College of Veterinary Medicine who is licensed in the State in which he practices and has been accredited by the U.S. Department of Agriculture as described in § 161.1 of this title.

(h) "Veterinary Services representative" means any inspector employed by Veterinary Services who is designated by

1 Information as to the name and address of the Veterinarian in Charge for the State concerned can be obtained by writing to the Deputy Administrator, Veterinary Services, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Hyattsville, Md. 20782.

the Veterinarian in Charge, or any officer or employee of any State agency who is authorized by the Deputy Administrator to perform any function under the Act.

(i) "State" means a State, the District of Columbia, Commonwealth of Puerto Rico, or other possession of the United States.

(j) "Person" means any individual, corporation, company, association, firm, partnership, society, joint stock company, or other legal entity.

(k) "Horse" means any member of the species Equus caballus.

(1) Except in §§ 11.21 and 11.22, “horse show" means a public display of any horses, in competition, to which any horse was moved in commerce. In §§ 11.21 and 11.22, "horse show” means a public display of any horses in competition. Such definitions are not to be construed to include events where speed is the prime factor, nor rodeo events, parades or trail rides.

(m) Except in §§ 11.21 and 11.22, “exhibition" means a public display of any horses, singly or in groups, but not in competition, if any horse was moved to such display in commerce. In §§ 11.21 and 11.22, "exhibition" means a public display of any horses, singly or in groups, but not in competition. Such definitions are not to be construed to include events where speed is the prime factor, nor rodeo events, parades or trail rides.

(n) "Boot" means any device which encircles the lower extremity of a leg of a horse and which may be made of leather, cloth, felt, or other material.

(o) "Commerce" means commerce between a point in any State and any point outside thereof, or between points within the same State but through any place outside thereof, or within the District of Columbia, or from any foreign country to any point within the United States.

(p) "Inspection" of a horse means an examination of the horse by use of whatever means are reasonably deemed necessary by the inspector to determine whether the horse is sored. This may include, but is not limited to, visual examination, touching, use of any diagnostic device or instrument, and requiring the removal of any shoes, pads, and other equipment from the horse.

(q) "Sponsoring organization" means the Association or other persons under whose immediate auspices a horse show or exhibition is conducted.

(r) "Show manager" means the person who has been delegated primary au

thority for managing a horse show or exhibition by a sponsoring organization, and has accepted the responsibility involved.

(s) "Exhibitor" means the owner or other person who enters a horse in any horse show or exhibition.

(t) (1) "Sored horse" is a horse that has been subjected, after December 9, 1970, to one or more of the following for the purpose of affecting its gait:

(1) A blistering agent has been applied internally or externally to any of the legs, ankles, feet, or other parts of the horse;

(ii) Burns, cuts, bruises, or lacerations have been inflicted on the horse;

(iii) A chemical agent, or tacks or nails have been used on the horse; or

(iv) Any other cruel or inhumane method or device has been used on the horse, including but not limited to, chains or boots; which may reasonably be expected (a) to result in physical pain to the horse when walking, trotting, or otherwise moving, (b) to cause extreme physical distress to the horse, or (c) to cause inflammation. However, a horse given therapeutic treatment by a veterinarian, to relieve pain, lameness, or disability or to restore its normal gait, shall not be considered sored.

(2) A horse shall be considered sored if, as a result of the use of pads on the front feet or other artificial devices or means, the length of the toe does not exceed the height of the heel by 1 inch or more when measured from the ground to the hair line.

EXHIBITORS

§ 11.2 Prohibitions concerning exhibi

tors.

(a) It is unlawful for any person to show or exhibit, or enter for the purpose of showing or exhibiting, in any horse show or exhibition, any horse which is sored.

(b) No chains, rollers, or other device or method shall be used with respect to any horse at any horse show or exhibition if such use causes the horse to be sored.

(c) No boots other than those permitted under § 11.3 shall be used on any horse at any horse show or exhibition.

(d) Substances such as, but not limited to, greases, dyes, stains, or polishes shall not be used on the extremities, above the hoof but below the fetlock, of any horse while being shown or exhibited

at any horse show or exhibition, unless the exhibitor furnishes to the Veterinary Services representative, upon his request, a certification from a veterinarian that such substance was applied for beneficial therapeutic purposes and its presence during such showing or exhibition was required for such purposes.

§ 11.3 Boots.

The only boots permitted to be used under the regulations in this part on any horse shall be:

(a) Those boots known to the industry as "fixed boots." These include types such as, but not limited to, heel boots, trotting boots, skid or sliding boots, splint boots, quarter boots, and shoeguard boots.

(b) Hinged quarter boots which meet the following requirements: The lower portion of the boot shall be firmly attached by a strap and buckle or similar humane device to the foot below the hairline. The upper half of the boot shall be fastened to the lower half in such a manner that there shall be not more than a 1-inch separation between the two halves and that such connection does not cause pain or discomfort. The upper half of the boot shall be constructed in such a way that any part in contact with the skin shall be soft, smooth, and free of projections. No attachments, weights, or other devices shall be affixed to the upper half of the boot, except that a fastening device may be used if it is so designed and used as to avoid physical pain to the horse when moving and to avoid extreme physical distress and inflammation of any part of the horse.

(c) Rubber bell boots which are characterized by a bell shape and soft flexible rubber and which weigh 16 ounces or less.

(d) Leather bell boots: Provided, That: (1) The inner surface of the boot must be smooth, straight and flat and free of all swellings, projections, or sharp edges, except for any unavoidable structural irregularities;

(2) The lining must be soft leather, felt or similar material;

(3) The boots shall not weigh in excess of 16 ounces each;

(4) The bell portion, exclusive of any soft roll on the top, shall completely encircle the pastern and shall be a minimum of 21⁄2 inches in height. [37 F.R. 9018, May 4, 1972]

§ 11.4 Inspection of horses.

For the effective enforcement of the Act:

(a) Each horse owner and other person having custody of any horses shall allow any Veterinary Services representative to inspect the horses in his custody at such times and places as the Veterinary Services representative may designate, while such horses are being moved in commerce or thereafter.

(b) Each horse owner and other person having custody of any horses shall allow any Veterinary Services representative, the show manager or his representative, and any veterinarian designated under § 11.20 to inspect such horses at such reasonable times and places as such inspector may require while the horses are at any horse show or exhibition.

(c) When any Veterinary Services representative, in writing, notifies the owner of any horse, or other person having custody of the horse, that inspection of such horse is required to be made after the horse has been shown or exhibited at any horse show or exhibition, such horse shall not be moved from the horse show or exhibition premises unless the owner or other custodian agrees, in writing, to make the horse available for inspection by a Veterinary Services representative at a time and location agreeable to such representative and does in fact make the horse available for such inspection.

(d) The person having custody of the horses to be inspected shall render such assistance as the inspector may reasonably request for purposes of such inspection. § 11.5

Access to premises for inspection of horses.

Each exhibitor shall, without fee, charge, assessment, or compensation, admit any Veterinary Services representative, the show manager, and any veterinarian designated under § 11.20, to all areas of barns, compounds, and other portions of the show grounds at any horse show or exhibition, or similar areas adjacent to the show grounds, and vans or trucks on any such grounds or areas, where any horse in his custody is located, upon the request and identification of such representative, manager, or veterinarian, for purposes of inspecting any such horse pursuant to the Act.

HORSE SHOW OR EXHIBITION SPONSORS AND MANAGERS

§ 11.20 Prohibition concerning horse show or exhibition sponsors and managers.

It is unlawful for any person to conduct any horse show or exhibition in which there is shown or exhibited any horse which is sored, unless he can establish that he has complied with the provisions of this section. No violation of this prohibition will be demed to occur if:

(a) The sponsoring organization or show manager shall identify all horses that are sored or otherwise in violation of § 11.2 and cause them to be removed from participation in any class at the horse show, prior to the tying of the class, or from exhibition before the end of the exhibition.

(b) Alternatively:

(1) The sponsoring organization shall designate a veterinarian to examine and observe all horses at the show or exhibition to determine whether any such horses are sored.

(2) The veterinarian so designated shall examine the horses entered in any class at the horse show or shown in any exhibition, in whatever way he deems necessary to determine whether any such horse is sored. He shall observe such horses while they are performing at the horse show or exhibition and shall inspect them at such other times at the show or exhibition as he deems necessary to determine whether any horse shown or exhibited was sored.

(3) The veterinarian so designated shall report, in writing, any horses which he considers are sored to the show judge and to the show manager before the class is tied or before the conclusion of the exhibition. Not later than 72 hours following the conclusion of the horse show or exhibition the veterinarian shall send to the Veterinarian in Charge for the State in which the horse show or exhibition is held a report identifying each horse considered by him to be sored.

(4) The show manager shall ascertain whether any horse is otherwise in violation of § 11.2.

(5) The show manager shall immediately cause to be removed from participation in such class at the horse show or from the exhibition all horses designated by the veterinarian as sored or otherwise known to be sored, and any horses found

by the show manager to be otherwise in violation of § 11.2.

§ 11.21 Records required, and disposition thereof.

(a) The sponsoring organization for any horse show or exhibition, or the designee of the organization shall maintain for a period of 90 days following the closing date of the horse show or exhibition, records containing:

(1) The dates and place of the horse show or exhibition;

(2) The show manager's name and address;

(3) A statement signed by an officer of the sponsoring organization that it will comply with the Act and will direct the show manager and all employees and agents of the sponsoring organization to comply with the provisions of the Act; (4) The name and address of the veterinarian, if any, employed to make inspections under § 11.20;

(5) The name and address of each show judge;

(6) A copy of the official program, if any; and

(7) The identification of each horse and his owner, exhibitor, and home barn.

(b) The sponsoring organization for any horse show or exhibition shall furnish to any Veterinary Services representative, upon his request, the name and address of any person designated by the organization to maintain the records required by this section.

(c) The Deputy Administrator may, in specific cases, authorize a period of retention of records required by this section for less than 90 days.

§ 11.22 Inspection of records.

(a) Upon request and during ordinary business hours, or such other times as may be agreed upon, the sponsoring organization and any designee thereof shall permit any Veterinary Services representative to examine all records required to be kept by the regulations in this part and to make copies of such records. A room, table, or other facilities necessary for proper examination of the records shall be made available to the Veterinary Services representative. § 11.23 Access to premises for inspection of horses.

The sponsoring organization and the show manager of any horse show or exhibition shall, without fee, charge, assessment, or other compensation, provide the Veterinary Services repre

sentative upon request and after identification of the representative, with unlimited access to the grandstands and all other areas of the show or exhibition grounds and adjacent areas under their control, for purposes of inspection of horses or records as provided in this part.

§ 11.24 Reporting by show manager.

Within 72 hours following the conclusion of the horse show or exhibition, the show manager of the horse show or exhibition shall send by mail to the Veterinarian in Charge for the State where the horse show or exhibition was held, the information required by § 11.21(a) (7) for each horse that was reported as sored by the veterinarian designated under § 11.20, or was found by the show manager to be sored or otherwise in violation of § 11.2.

TRANSPORTATION

§ 11.40 Prohibitions and requirements concerning persons involved in transportation of certain horses in com

merce.

(a) It is unlawful for any person to ship, transport, or otherwise move, or deliver or receive for movement, in commerce, for the purpose of showing or exhibition, any horse which such person has reason to believe is sored.

(b) Each person who ships, transports, or otherwise moves, or delivers or receives for movement, in commerce, for the purpose of showing or exhibition, any horse, shall allow and assist in the inspection of such horse as provided in § 11.4 and shall furnish to any Veterinary Services representative upon his request and in the manner requested the following information:

(1) Name and address of the horse owner and of the shipper, if different from the owner or trainer;

(2) Name and address of the horse trainer;

(3) Name and address of the carrier transporting the horse, and of the driver of the means of conveyance used;

(4) Origin of the shipment and date thereof;

(5) Destination of shipment.

penalty up to $1,000 or criminal penalties up to $2,000 and 6 months imprisonment for each such violation, as prescribed in section 6 of the Act.

NOTE: The recordkeeping and reporting requirements contained herein have been approved by the Office of Management and Budget in accordance with the Federal Reports Act of 1942.

Claims not allowed.

51.10 Part 53 of this chapter not applicable.

AUTHORITY: The provisions of this Part 51 issued under secs. 3, 4, 5, 23 Stat. 32, as amended; secs. 1 and 2, 32 Stat. 791-792, as amended; sec. 3, 33 Stat. 1265, as amended; sec. 2, 65 Stat. 693; sec. 11, 58 Stat. 734, as amended; sec. 3, 76 Stat. 130, 21 U.S.C. 111113, 114, 114a, 114a-1, 120, 121, 125, 134b, unless otherwise noted.

SOURCE: The provisions of this Part 51 appear at 28 F.R. 5933, June 13, 1963; 36 F.R. 24928, Dec. 24, 1971, unless otherwise noted. § 51.1

Definitions.

For the purposes of this part, the following terms shall be construed, respectively, to mean:

(a) "Department": The United States Department of Agriculture.

(b) "Veterinary Services": Veterinary Services unit of the Department.

(c) "Deputy Administrator": The Deputy Administrator, Veterinary Services or any other officer or employee of the unit to whom authority has heretofore lawfully been delegated, or may hereafter lawfully be delegated, to act in his stead.

(d) "Veterinarian in Charge": The veterinary inspector who is assigned by the Deputy Administrator, Veterinary Services to supervise and perform official work at an official station and who reports directly to the Deputy Administrator, Veterinary Services, and in whose

136 F.R. 24927, Dec. 24, 1971.

jurisdiction particular cattle are tested and appraised.

(e) "Veterinary Services Representative": Any inspector or other person employed by Veterinary Services who is authorized by the Deputy Administrator, to do any work or perform any duty in connection with the control and eradication of brucellosis, tuberculosis, and paratuberculosis of animals.

(f) "State": A State, the District of Columbia, or a Territory or possession of the United States; or a political subdivision thereof; which has executed a cooperative agreement with Veterinary Services for the control and eradication of brucellosis, tuberculosis, or paratuberculosis.

(g) "Accredited veterinarian": A veterinarian recommended by a State, approved by a Veterinarian in Charge, and accredited by the Veterinary Services.

(h) "Mortgage": Any mortgage, lien or other security or beneficial interest held by any person other than the one claiming indemnity.

(1) "Person": Any individual, corporation, company, association, firm, partnership, society, or joint stock company, or any organized group of any of the foregoing.

(j) "Owner": Any person who has a beneficial interest in cattle whether or not they are subject to a mortgage.

(k) "Brucellosis": The disease commonly known as "Bang's Disease."

(1) "Destroyed": Condemned under State authority and destroyed by slaughter or by death otherwise.

(m) Official vaccinate. A female bovine animal vaccinated subcutaneously against brucellosis while from 3 to 8 months (90 to 239 days) of age or a female bovine animal of a beef breed vaccinated subcutaneously against brucellosis while from 3 to 10 months (90 to 299 days) of age, under the supervision of a Federal or State veterinary official, with a vaccine approved by the Veterinary Services; permanently identified as an official vaccinate; and reported at the