WASHINGTON — The Office of Inspector General (OIG) initiated a review of the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) Horse Protection Act (HPA) inspections and disqualification process following the 2024 Tennessee Walking Horse National Celebration.

USDA Veterinary Medical Officers (VMOs) disqualified horses at a historically high rate in 2024 after the industry challenged new APHIS rulemaking in federal court. Since OIG began its review, a federal court in Texas ruled in favor of the industry, and none of the 2024 rules are currently in effect.

The objectives of OIG’s review were to determine whether APHIS had established a policy to manage and monitor conflicts of interest involving its VMOs; whether an onsite appeals process existed for disqualifications; and whether standardized procedures were used to ensure consistency during inspections. OIG also reviewed how APHIS communicated guidance to the industry.

The industry has long alleged that some inspectors are biased against Tennessee Walking Horses and has cited numerous examples to USDA over the years. OIG found that APHIS does not have a policy in place to manage or monitor such conflicts.

“As a result, APHIS has reduced assurance that its office can manage and monitor conflicts of interest should they arise during inspection operations,” the report stated.

OIG also found that APHIS lacks a process for onsite appeals when a horse is found noncompliant with the HPA and disqualified. This issue is at the center of the Wright v. USDA case currently in federal court in Tennessee, where the lack of due process allows disqualification without review.

In an attempt to address this concern, the 2024 APHIS rulemaking proposed allowing challenges to be filed within 21 days of a disqualification and re-inspections as due process solutions. However, Judge Matthew Kacsmaryk of the Texas federal court ruled in favor of the industry and against USDA’s attempt to introduce post-deprivation due process. He held that a pre-deprivation process is required before a disqualification can be issued by VMOs.
Although portions of the OIG report were redacted, it found that certain inspection procedures were not being followed by VMOs. While communication protocols with the industry exist, the timing of that communication needs improvement. APHIS agreed with OIG’s findings and committed to providing pre-season communication each year by Feb. 1.

In response to concerns about conflicts of interest, APHIS issued new guidance. “On March 14, 2025, APHIS’ Animal Care program distributed a document titled ‘Animal Care Employees Standard of Professional Behavior’ to all staff,” the report stated. The standards include ethical expectations and a conflict of interest policy for all Animal Care employees, including VMOs. APHIS also agreed to monitor compliance with these standards before assigning inspectors to horse shows.

Regarding the absence of a review mechanism before disqualification, USDA maintained that providing one is challenging. Federal courts in two prior cases ruled that operational inconvenience does not absolve USDA from its responsibility to provide due process. Nevertheless, USDA continues not to offer a pre-disqualification review. In its response to OIG, APHIS stated it is exploring options with USDA’s Office of General Counsel to assess the feasibility of an alternative dispute resolution process for noncompliance determinations at HPA horse shows. A report on the findings is expected by Sept. 30, 2025.

Due to redactions, the specific findings on inspectors’ adherence to standardized procedures remain unclear. However, APHIS agreed with OIG’s conclusions and committed to corrective actions. “APHIS will develop and implement training specific to this topic and implement an inspection process to ensure VMOs adhere to this guidance,” the report said. The completion date for this corrective action is Aug. 31, 2025 — the day after the conclusion of the 2025 Celebration.

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