DRAFT

HIO Meeting Summary

March 11, 2008

Nashville, TN

Present:  Donna Benefield (HPC), Kim Bennett (KWHA), Keith Dane (FOSH), Martha Day (NWHA), Mack Motes (SSHBEA), Doyle Meadows (SHOW), David Pruett (TWHBEA), Pat Stout (Oklahoma), and Link Webb (NHSC)

Not Present:  Bruce Crowe (United Mountain Horse), Jack Haefling (IWHA), Terry Jerke (WI), Bob Nagel (MFTHBA), and Terry Nichols (HOA)

Review of January 8 and February 12, 2008, HIO Meeting Summaries

The HIO meeting summaries were reviewed and approved as amended.

USDA 2007 Annual Report & 2008 Monthly Reports (Jan-Mar) – Dr. Cezar

Dr. Cezar presented the 2007 Annual VMO Report, noting that the USDA will be sending an annual report to Congress this year, after a seven year hiatus.  She is currently working on the 2007 Annual DQP Report and expects to have it completed by April 1, 2008.   USDA had not attended any events to date in 2008, other than the joint training in February and individual HIO training clinics for NWHA, WI, HOA, MFTHBA, and UMH.  With regard to the joint training, concern was expressed that not all of the HIO DQP Coordinators attended, and how that might adversely impact consistency in field enforcement.  It was suggested that for 2009, at the very least, all DQP Coordinators be requested to attend the joint training. 

Regarding technology, Dr. Cezar will email the HIO Working Group a copy of the peer reviewed material on algometry.  Mike Tuck confirmed work continues on the APHIS Animal Care database.

USDA Protocols for 2008 Show Season

Gas Chromatography:  Dr. Cezar presented the following draft protocol.  First offense: USDA will issue a 7060; Second Offense:  USDA will initiate a federal case unless the HIO which is signatory to the OP applies a post-show foreign substance penalty as specified in the OP.  USDA will notify the affiliating HIO that this is second offense, and if a penalty is applied the USDA will require documentation from the HIO showing that the penalty was given to all parties involved.  If documentation is not provided, the USDA will initiate a federal case; Third Offense: USDA will initiate a federal case.

Dr. Cezar added that samples for the GS/ MS test will be randomly collected by USDA officials and testing will be conducted by APHIS personnel.  She noted that the turnaround time for results may vary so only the post-show penalty will be applied.  Kim Bennett expressed concern on two levels; the first as to the baseline used for the testing, and the second, as to the chain of custody.  Keith Dane asked whether OGC had looked at whether an HIO could impose an HIO penalty on a violation based on USDA findings, suggesting that HIOs would run the risk of liability for prosecuting a case based on information not collected by the HIO.  Dr. Cezar responded that the draft protocol had been reviewed by OGC.  Donna Benefield agreed that it was a valid point that a violator could challenge an HIO based on the evidence not being collected by the HIO but rather the Department.  David Pruett asked for a baseline/threshold for each of the substances and clarification as to the type of substances the Department was looking for.  Dr. Cezar responded that essentially there were three categories of substances:  masking agents, blistering agents and deadening agents, and referenced the 2007 final sniffer test report.  She will try to provide information as to the levels of the substances found, and will get a clarification on what constitutes “silicone-based lubricants.”  Regarding the draft protocol, Mack Motes said that he believes that the HIOs should have input on what the penalty would be for a third offense foreign substance violation.  Martha Day expressed dismay that the industry would have an opportunity to choose what penalties are applied to such violations.  Dr. Cezar requested input from all of  the HIOs as to the draft protocol.

Thermography:  Dr. Cezar reported that the for the 2008 show season, USDA APHIS will incorporate the use of thermography as a part of the inspection process to determine if horses are in compliance with the HPA.  Thermography evaluation will be used to gather information in order to further validate data collected during the December 2007 thermography seminar.  The data collected will not be analyzed at the show nor will results be provided at the show; therefore, USDA will not access penalties or initiate cases based on thermography evaluations.  The intent is for the VMOs to use thermography at every show USDA attends.

Standardized Forms

To date, only five of the fourteen HIOs (FOSH, HPC, MFTHBA, WI, and Oklahoma) have opted to utilize the standardized forms that the HIO Working Group drafted and approved.  The remaining HIOs were asked why they chose not use the standardized forms.  On behalf of NWHA, Martha Day stated that NWHA was comfortable with the forms they presently use and did not see a need to use the new forms.  Link Webb, on behalf of NHSC, said that it had come down to the changing their computer program to accommodate the new forms, and the Department had informed them that there present forms were sufficient.  David Pruett, speaking on behalf of TWHBEA, expressed the concern that the new forms were too complicated for field application.  Mack Motes stated that SSHBEA was still considering using the new standardized forms and this would be discussed at an upcoming Board meeting.  Kim Bennett from the KWHA commented that their DQPs were used to using their own forms and were not comfortable using a new form.  Pat Stout, representing the Oklahoma HIO, confirmed that they would be using the new forms, and that their use would help to minimize mistakes.  Donna Benefield from HPC commented that it was too bad that so much time had been spent  working on new forms only to have the majority of HIOs not adopt their use, and felt it was an insult to the HIO Working Group for wasting its time.  Keith Dane noted that all of the HIOs had originally recognized and agreed to the need for consistent reporting, and commented that any hesitation on the part of the HIOs not to comply with the new forms should have been brought up long ago.  Robin Lohnes inquired as to the impact on the Department of not having one standardized form.  Dr. Cezar responded that having one standardized set of forms would facilitate obtaining accurate information, especially when the forms are completed by different DQPS.  While the Department encourages the HIOs to use the new forms it could not require their use.   Link Webb asked Dr. Cezar to discuss this issue with NHSC during its audit scheduled for the next day. 

Pressure Shoeing Ad Hoc Subcommittee Report

Donna Benefield presented the ad hoc subcommittee report on shoeing/penalty issues.  She stated that the subcommittee did not reach consensus as to penalties for horses identified by DQPs to have bilaterally sore soles. There was a difference in opinion as to whether a one year probation period for a third offense (and each time thereafter) should be included as opposed to no probation period and OP penalties applied for a second offense.  Mack Motes, a member of the ad hoc subcommittee, said that in his opinion penalties are not to put folks out of business but to encourage compliance, and that he wanted to stay away from “pressure shoeing” and focus on the horses that are falling between the cracks.  Dr. Cezar reminded the group that a part of the AAEP’s Task Force Study includes the detection of pressure shoeing.  David Pruett commented that while he was in favor of an 8 month suspension for a third offense, he could not support a two phase penalty structure, nor the pulling of shoes.  Donna Benefield made the point that by the time a DQP uses the hoof testers, they may have already seen something questionable in the locomotion phase of the inspection.  Link Webb said that he supports the probation period for a third offense because of the differences in how hoof testes are used from DQP to DQP.  Doyle Meadows commented that he has a basic problem with the use of hoof testers, is neither for or against pulling shoes, prefers the three phase penalty structure, and thinks that an eight month suspension “is not a lot.”  Keith Dane added that he would be surprised if any AAEP report would recommend not pulling a shoe if there was a positive pain response to hoof testers.  Mack Motes stated that if shoes were going to be pulled then a farrier would have to be present to ensure the package is taken off and put back on correctly.  Keith Dane responded by asking Mack whether he thought that DQPs are reluctant to pull shoes if a farrier were not present.  Mack reiterated that DQPS are hesitant to use the hoof testes and to call for pressure shoeing violations stating that “all of those things have an impact.”  It was pointed out that each HIO had its own responsibility to enforce its own protocols regarding pressure shoeing violations. 

Outstanding Issues

Missing Information on Suspension Lists:  It was pointed out that if the violator appeals, they are taken off the suspension list; however, it was further noted that if a violator appeals within the 10/20 day time frame, they never should have been placed on suspension to begin with.  Dr. Cezar stated that the Department is contacting the DQP Coordinators and HIO representatives whenever a violator is placed on federal suspension, and the Department continues to work on including the city and state listings for federal suspensions.

Violators on Show Grounds:  Further discussion was tabled to the June HIO quarterly meeting.

Enhanced Penalties:  Discussion was tabled to the June HIO quarterly meeting although it was pointed out that it was not being enforced because there is no historical information, and that a system needed to be in place to share suspension information in a timely manner.  Donna Benefield noted that HPC listed the horse, owner and the trainer on its suspension list.  All of the HIOs agree that each suspension list should have the same information, and it was important that the HIO suspension lists be shared in a timely manner.  It was noted that NHSC sends its compiled suspension list out on a weekly basis.

According to Dr. Gipson there were 45 federal tickets issued between March 1, 2007, and July 20, 2007.  OGC has not made any decision as to whether to prosecute, and there is no statute of limitations. 

Review of 2007 Meeting Summaries

The 2007 meeting summaries were reviewed and approved as amended.  Final copies will be emailed to all of the HIO representatives.

Next Steps

The next HIO teleconference is scheduled for April 8, 2008.