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Code · BILL · 116th Congress · S. 1455 (Introduced in Senate) — To amend the Horse Protection Act to provide increased protection for horses participating in shows, exhibitions, sal... · Sec. 4

Sec. 4. Increasing protections for horses participating in horse shows, exhibitions, sales, or auctions

951 words·~4 min read·/bill/116/s/1455/is/section-4

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Section 4 of the Horse Protection Act ( 15 U.S.C. 1823 ) is amended— by striking subsection
(a)and inserting the following: The management of any horse show or horse exhibition shall disqualify any horse from being shown or exhibited if— the horse is determined to be sore by an objective inspection; or the management has been notified that the horse is sore by— a person licensed under subsection (c)(3)(A); or the Secretary. Any horse that is determined to be sore by an objective inspection shall be disqualified from being shown or exhibited— for a period of not less than 30 days if it is the first determination; and for a period of not less than 90 days if it is a second or subsequent determination. ; in subsection (b)— by striking
(b)The management and inserting the following: The management ; by striking subsection
(c)and inserting the following: Not later than 180 days after the date of enactment of the Horse Protection Amendments Act of 2019 , the Secretary shall establish an organization, to be known as the Horse Industry Organization (referred to in this subsection as the Organization ). The Organization shall be governed by a board (referred to in this subsection as the Board ) consisting of not more than 9 individuals, of whom— two shall be appointed by the Commissioner of Agriculture for the State of Tennessee; two shall be appointed by the Commissioner of Agriculture for the State of Kentucky; two shall— represent the Tennessee Walking Horse industry; and be appointed by the members appointed under subclauses
(I)and (II), in accordance with a process developed by those members; and not more than three shall be appointed by the members appointed under subclauses
(I)through (III). Five members of the Board shall constitute a quorum for the transaction of business. The members of the Board, in consultation with the Secretary, shall develop bylaws and other policies to operate the Organization, establish committees, and fill vacancies on the Board. Any vacancy on the Board— shall not impair the authority of the Board; and shall be filled as soon as practicable in the same manner as the original appointment. Except as provided in subclause (II), a member of the Board shall be appointed for a term of 4 years. Of the members first appointed to the Board, the members described in subparagraph (B)(i)(III) shall be appointed for an initial term of 3 years. The Organization shall— establish a formal affiliation with the management of each horse sale, horse exhibition, horse sale, and horse auction; appoint inspectors to conduct inspections at each horse sale, horse exhibition, horse sale, and horse auction; identify and contract with equine veterinary experts to advise the Board on— objective scientific testing methods and procedures for objective inspections; and the certification of objective inspection results; establish licensing requirements under paragraph (3); and take any other action to ensure compliance with this Act, as determined in coordination with the Secretary. The Organization shall develop licensing requirements to submit to the Secretary for licensing persons qualified— to detect and diagnose a horse that is sore; or to otherwise inspect a horse for the purpose of enforcing this Act. Requirements developed under subparagraph
(A)shall include the requirement that any person licensed by the Organization, and any member of the immediate family of any person licensed by the Organization, is free from a conflict of interest by reason of any association or connection with the walking horse industry, including through— employment by, or the provision of any service to, any show manager, trainer, owner, or exhibitor of a Tennessee Walking horse, Spotted Saddle horse, or Racking horse; and training, exhibiting, shoeing, breeding, or selling a Tennessee Walking horse, Spotted Saddle horse, or Racking horse. After the members of the Board described in subclauses
(I)through
(III)of paragraph (1)(B)(i) have been appointed, the Secretary shall certify the Organization to train and license individuals, including inspectors, as designated qualified persons in accordance with section 11.7(b) of title 9, Code of Federal Regulations (or successor regulations). Not later than 90 days after the date on which the Secretary certifies the Organization under subparagraph (A), the Secretary shall revoke the certification issued to any other horse industry organization under section 11.7 of title 9, Code of Federal Regulations (or successor regulations). Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Organization. ; in subsection (d), by striking
(d)The management and inserting the following: The management ; and in subsection (e), by striking
(e)For purposes of and inserting the following: For purposes of . Section 5 of the Horse Protection Act ( 15 U.S.C. 1824 ) is amended— by striking the section designation and all that follows through The following in the matter preceding paragraph
(1)and inserting the following: The following ; in paragraph (3), by striking appoint and retain a person in accordance with section 4(c) of this Act and inserting have a formal affiliation with the Horse Industry Organization ; in paragraph (4), by striking appoint and retain a qualified person in accordance with section 4(c) of this Act and inserting have a formal affiliation with the Horse Industry Organization ; in paragraph (5), by striking appointed and retained a person in accordance with section 4(c) of this Act and inserting a formal affiliation with the Horse Industry Organization ; and in paragraph (6)— by striking appointed and retained a person in accordance with section 4(c) of this Act and inserting a formal affiliation with the Horse Industry Organization ; and by striking such person or the Secretary and inserting a person licensed by the Horse Industry Organization .
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Sec. 4
Increasing protections for horses participating in horse shows, exhibitions, sales, or auctions
U.S.C.§ 1823
U.S.C.§ 1824
Cites 2Cited by 0 across 0 sources
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