On December 27, 2020, the Horseracing Integrity and Safety Act was signed into law as a component of the Consolidated Appropriations Act of 2021. Enactment of this law implements federal oversight of thoroughbred horseracing through the Horseracing Integrity and Safety Authority (HISA). HISA is responsible for creating and enforcing rules to improve equine welfare and racetrack safety and to prevent doping of racehorses. Despite numerous legal challenges, two programs overseen by HISA—the Racetrack Safety Program and the Anti-Doping and Medication Control (ADMC) Program—went into effect on July 1, 2022, and May 22, 2023, respectively.
Background
Before passage of the Horseracing Integrity and Safety Act, horseracing in the United States operated under a patchwork of rules and regulations, governed inconsistently by the states with limited oversight for racetracks. Without comprehensive and consistent standards for racing, horse welfare suffered and horses were subject to rampant “doping”—administration of drugs that mask pain and allow horses to push beyond normal physical limitations, often leading to catastrophic injuries.
For years, certain stakeholders fought implementation of federal oversight, claiming that the industry could self-regulate, but numerous high-profile horse breakdowns demonstrated otherwise, as did a shockingly high fatality rate. A 2012 New York Times article found that on average, 24 horses died on American racetracks each week, a number much higher than in countries with more stringently regulated systems. Between 2009 and 2023, according to The Jockey Club’s Equine Injury Database, over 7,900 thoroughbreds died in race-related incidents (a tally that does not account for training-related fatalities and injuries that occur 72 hours before or after a race).
Public awareness of this issue was substantially heightened after 37 horses died at the famed Santa Anita Park in California between December 2018 and November 2019. Then, in March 2020, 27 individuals were indicted on federal charges related to “the systematic and covert administration of illegal performance-enhancing drugs to racehorses competing across the United States.” Something had to change. In response, the Horseracing Integrity and Safety Act was enacted at the end of 2020.
Uniform Regulations
HISA oversees two unique programs, the Racetrack Safety Program and the Anti-Doping and Medication Control Program. Rules developed and proposed by HISA must be approved by the Federal Trade Commission.
Regulations promulgated under the Racetrack Safety Program are intended to increase safety and consistency at racetracks. Among other things, the regulations address racetrack footing and riding crop use and expand veterinary oversight.
The Anti-Doping and Medication Control Program seeks to address drug overuse and doping in the sport. It establishes a comprehensive list of permitted and banned substances, along with testing requirements and uniform penalties. The program is enforced by the Horseracing Integrity and Welfare Unit, which was developed by Drug Free Sport International.
Together, the programs maintain one set of rules and regulations for all thoroughbred racing in the United States. In addition to promulgating new rules, HISA will conduct extensive data analysis in an effort to better understand and avoid catastrophic breakdowns of horses.
AWI’s Part
As part of the Coalition for Horse Racing Integrity, AWI successfully campaigned for passage of the Horseracing Integrity and Safety Act—regularly meeting with congressional offices, educating lawmakers on the need for reforms, and hosting briefings on Capitol Hill. Since the law’s enactment, AWI has pushed for robust implementation of the anti-doping and medication control regulations and racetrack safety rules. We submitted multiple regulatory comments to the Federal Trade Commission, which ultimately approved HISA’s proposed regulations (citing AWI’s comments in the order approving the anti-doping and medication control rule). However, further reforms are still necessary to protect all racehorses in the United States, including breeding and training reforms. AWI is staunchly opposed to unsanctioned horse racing at bush tracks, where equine cruelty, criminal activity, and biosecurity threats abound.