The Federal Trade Commission has issued an order that ratifies its previous orders regarding rules issued by the Horseracing Integrity and Safety Authority.
The Horseracing Integrity and Safety Act, which recognized the Authority, includes a requirement that its rules must be submitted for approval to the FTC. The Act was amended by Congress as part of the Consolidated Appropriations Act, 2023, to resolve the legality of the Horseracing Integrity and Safety Act of 2020, which was called into question by a recent ruling by the U.S. Court of Appeals for the Fifth Circuit in National Horseman’s Benevolent and Protection Association et al. v. Jerry Black et al.
The Commission issued today’s order to avoid any doubt about the force and effect of the horseracing rules that the Commission previously approved, including the Authority’s rules on racetrack safety, enforcement, assessment methodology, and registration.
The Commission vote to approve the order was 3-0-1, with Commissioner Christine S. Wilson abstaining.
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