The HPA says:
[I]15 U.S.C. § 1823 : US Code - Section 1823: Horse shows and exhibitions
(a) Disqualification of horses
The management of any horse show or horse exhibition shall disqualify any horse from being shown or exhibited (1) which is sore or (2) if the management has been notified by a person appointed in accordance with regulations under subsection © of this section or by the Secretary that the horse is sore.
15 U.S.C. § 1821 : US Code - Section 1821: Definitions
(3) The term “sore” when used to describe a horse means that -
(A) an irritating or blistering agent has been applied, internally or externally, by a person to any limb of a horse,
(B) any burn, cut, or laceration has been inflicted by a person on any limb of a horse,
© any tack, nail, screw, or chemical agent has been injected by a person into or used by a person on any limb of a horse, or
(D) any other substance or device has been used by a person on any limb of a horse or a person has engaged in a practice involving a horse, and, as a result of such application, infliction, licensed to practice veterinary medicine in the State in which such treatment was given.injection, use, or practice, such horse suffers, or can reasonably be expected to suffer, physical pain or distress, inflammation, or lameness when walking, trotting, or otherwise moving, except that such term does not include such an application, infliction, injection, use, or practice in connection with the therapeutic treatment of a horse by or under the supervision of a person
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How does a DQP determine if a horse is “sore?” They examine the horse and look for indicators of unlawful activity. The primary method is palpation and looking for a pain reaction that would indicate probably existence of prohibited substances. Another is physical examination of the front limbs, particularly the pasterns, looking for scar tissue, loss of hair, sensitivity, etc. Bilateral scarring of the pastern is a recognized indicator of prohibited practices. Any horse with such scarring is eliminated under the words of the statute.
Because there are possibilities (but perhaps not probabilities) that routine pasture conditions can lead to “false positives” for soring the Scar Rule was adopted. This rule is as follows:*
[I]§ 11. 3Scar rule.
The scar rule applies to all horses born on or after October 1, 1975. Horses subject to this rule that do not meet the following scar rule criteria shall be considered to be “sore” and are subject to all prohibitions of section 5 of the Act. The scar rule criteria are as follows:
(a) The anterior and anterior-lateral surfaces of the fore pasterns (extensor surface) must be free of bilateral granulomas,5 other bilateral pathological evidence of inflammation, and, other bilateral evidence of abuse indicative of soring including, but not limited to, excessive loss of hair.
(b) The posterior surfaces of the pasterns (flexor surface), including the sulcus or “pocket” may show bilateral areas of uniformly thickened epithelial tissue if such areas are free of proliferating granuloma tissue, irritation, moisture, edema, or other evidence of inflammation.
Footnote(s):3-4 [Reserved]5 Granuloma is defined as any one of a rather large group of fairly distinctive focal lesions that are formed as a result of inflammatory reactions caused by biological, chemical, or physical agents.
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Put simply, the Statute says that a horse with bilateral scarring can be considered “sore”. The Scar Rule limits that finding by saying that some scarring is OK under certain conditions.
Which means that if we were to eliminate the Scar Rule we go back to the Statute’s definition and any bilateral scarring supports a finding of “sore.”
That’s why the Scar Rule, if it were deleted, would cause more horses to be eliminated.
G.
*The Scar Rule is found in the Code of Federal Regulations,