The EPN strongly believes that the above scenario, which happens on a regular basis at PA horse auctions and at other auctions throughout the United States is illegal. It violates anti-cruelty statutes and FSIS regulations. The practice is a black eye for the horse industry.

• 309.1 Ante-mortem inspection in pens of official establishments.
  
• 309.2 Livestock suspected of being diseased or affected with certain conditions; identifying suspects; disposition on post-mortem inspection or otherwise.
  
• 309.3 Dead, dying, disabled, or diseased and similar livestock.
  
• 309.4 Livestock showing symptoms of certain metabolic, toxic, nervous, or circulatory disturbances, nutritional imbalances, or infectious or parasitic diseases.
  
  
• 309.6 Epithelioma of the eye.
  
• 309.7 Livestock affected with anthrax; cleaning and disinfection of infected livestock pens and driveways.
  
• 309.10 Onset of parturition.
  
• 309.11 Vaccine livestock.
  
• 309.12 Emergency slaughter; inspection prior to.
  
• 309.13 Disposition of condemned livestock.
  
• 309.15 Vesicular diseases.
  
• 309.16 Livestock suspected of having biological residues.
  
• 309.17 Livestock used for research.
  
• 309.18 Official marks and devices for purposes of ante-mortem inspection.
  
• 311.26 Emaciation
  
• 311.39 Biological residues.

Read the labels on the items of the products you use on your horses or that are marketed for use on horses. Many of these products state,

"Not for use on horses intended for food."

Drug companies and comapnies that manufacture items for use on horses do not test these drugs for biological residues in horses. The testing is time consuming and expensive. The Food and Drug Administration, FDA, has stringent requirements that must be met. A drug withdrawal time must be determined.

Why is this testing not done with horses as it is with cattle, sheep and hogs?

Because horses are not a food animal in the United States.

We don't raise horses for food or fiber.

Americans do not eat horses.

There is no demand in America for horsemeat.

PART 309--ANTE-MORTEM INSPECTION--Table of Contents

Sec. 309.16 Livestock suspected of having biological residues.

(a) Except as provided by paragraph (d) of this section, livestock suspected of having been treated with or exposed to any substance that may impart a biological residue which would make the edible tissues unfit for human food or otherwise adulterated shall be handled in compliance with the provisions of this paragraph. They shall be identified at official establishments as ``U.S. Condemned.'' These livestock may be held under the custody of a Program employee, or other official designated by the Administrator, until metabolic processes have reduced the residue sufficiently to make the tissues fit for human food and otherwise not adulterated. When the required time has elapsed, the livestock, if returned for slaughter, must be re-examined on ante-mortem inspection. To aid in determining the amount of residue present in the tissues, officials of the Program may permit the slaughter of any such livestock for the purpose of collecting tissues for analysis for the residue. Such analysis may include the use of inplant screening procedures designed to detect the presence of antimicrobial residues in any species of livestock.

(b) All carcasses and edible organs and other parts thereof, in which are found any biological residues which render such articles adulterated, shall be marked as ``U.S. Condemned'' and disposed of in accordance with Sec. 314.1 or Sec. 314.3 of this chapter.

CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE

PART 311--DISPOSAL OF DISEASED OR OTHERWISE ADULTERATED CARCASSES AND PARTS--Table of Contents

Sec. 311.39 Biological residues.

Carcasses, organs, or other parts of carcasses of livestock shall be condemned if it is determined that they are adulterated because of the presence of any biological residues.

PART 309--ANTE-MORTEM INSPECTION--Table of Contents

Sec. 309.2 Livestock suspected of being diseased or affected with certain conditions; identifying suspects; disposition on post-mortem inspection or otherwise.

(a) Any livestock which, on ante-mortem inspection, do not clearly show, but are suspected of being affected with any disease or condition that, under part 311 of this subchapter, may cause condemnation of the carcass on post-mortem inspection, and any livestock which show, on ante-mortem inspection, any disease or condition that, under part 311 of this subchapter would cause condemnation of only part of the carcass on post-mortem inspection, shall be so handled as to retain its identity as a suspect until it is given final post-mortem inspection, when the carcass shall be marked and disposed of as provided in parts 310 and 311 of this subchapter, or until it is disposed of as otherwise provided in this part.

(b) All seriously crippled animals and animals commonly termed ``downers,'' shall be identified as U.S. Suspects and disposed of as provided in Sec. 311.1 of this subchapter unless they are required to be classed as condemned under Sec. 309.3.

PART 309--ANTE-MORTEM INSPECTION--Table of Contents

Sec. 309.3 Dead, dying, disabled, or diseased and similar livestock.

(a) Livestock found to be dead or in a dying condition on the premises of an official establishment shall be identified as U.S. Condemned and disposed of in accordance with Sec. 309.13.

(b) Livestock plainly showing on ante-mortem inspection any disease or condition that, under part 311 of this subchapter, would cause condemnation of their carcasses on post-mortem inspection shall be identified as U.S. Condemned and disposed of in accordance with Sec. 309.13.

(c) Any swine having a temperature of 106 deg.F. or higher and any cattle, sheep, goats, horses, mules, or other equines having a temperature of 105 deg.F. or higher shall be identified as U.S. Condemned. In case of doubt as to the cause of the high temperature, or when for other reasons a Program employee deems such action warranted, any such livestock may be held for a reasonable time under the supervision of a Program employee for further observation and taking of temperature before final disposition of such livestock is determined. Any livestock so held shall be reinspected on the day it is slaughtered. If, upon such reinspection, or when not held for further observation and taking of temperature, then on the original inspection, the animal has a temperature of 106 deg.F. or higher in the case of swine, or 105 deg.F. or higher in the case of other livestock, it shall be condemned and disposed of in accordance with Sec. 309.13.

(d) Any livestock found in a comatose or semicomatose condition or affected with any condition not otherwise covered in this part, which would preclude release of the animal for slaughter for human food, shall be identified ``U.S. Condemned'' and disposed of in accordance with Sec. 309.13, except that such animal may be set apart and held for further observation or treatment under supervision of a Program employee or other official designated by the area supervisor and for final disposition in accordance with this part.

PART 309--ANTE-MORTEM INSPECTION--Table of Contents

Sec. 309.4 Livestock showing symptoms of certain metabolic, toxic, nervous, or circulatory disturbances, nutritional imbalances, or infectious or parasitic diseases.

(a) All livestock showing, on ante-mortem inspection, symptoms of anaplasmosis, ketosis, leptospirosis, listeriosis, parturient paresis, pseudorabies, rabies, scrapie, tetanus, grass tetany, transport tetany, strangles, purpura hemorrhagica, azoturia, infectious equine encephalomyelitis, toxic encephalomyelitis (forage poisoning), dourine, acute influenza, generalized osteoporosis, glanders (farcy), acute inflammatory lameness or extensive fistula shall be identified as U.S. Condemned and disposed of in accordance with Sec. 309.13.

(b) If any equine is suspected on ante-mortem inspection of being infected with glanders or dourine, the nearest Veterinary Services unit of the Animal and Plant Health Inspection Service shall be so informed by a Program employee. Tests shall be performed by [[Page 110]] said unit to determine whether the animal is, in fact, infected with such disease. If it is found on such tests to be infected, the animal shall be disposed of in accordance with paragraph (a) of this section. Otherwise, the animal shall be identified as a U.S. Suspect and disposed of as provided in Sec. 311.10 of this subchapter.

PART 309--ANTE-MORTEM INSPECTION--Table of Contents

Sec. 309.10 Onset of parturition.

Any livestock showing signs of the onset of parturition shall be withheld from slaughter until after parturition and passage of the placenta. Slaughter or other disposition may then be permitted if the animal is otherwise acceptable.

CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE

PART 311--DISPOSAL OF DISEASED OR OTHERWISE ADULTERATED CARCASSES AND PARTS--Table of Contents

Sec. 311.26 Emaciation.

Carcasses of livestock too emaciated to produce wholesome meat, and carcasses which show a serous infiltration of muscle tissues, or a serous or mucoid degeneration of the fatty tissue, shall be condemned. A gelatinous change of the fat of the heart and kidneys of well-nourished carcasses and mere leanness shall not be classed as emaciation.