Court Ruling Summary: USDA Fines Colorado Horse Dealer for Interstate Transport Violations

In a significant ruling from the United States Court of Appeals for the Tenth Circuit, the court upheld a $210,000 fine imposed by the United States Department of Agriculture (USDA) against Jason Fabrizius and Fabrizius Livestock LLC, a Colorado-based horse dealer. The case revolved around violations of federal livestock transportation regulations, including failure to obtain required documentation when transporting horses across state lines.

Background of the Case

Fabrizius Livestock, primarily engaged in selling horses—many for slaughter—was found to have neglected critical USDA regulations designed to prevent the spread of equine diseases. The violations included:

  • Failing to prepare owner-shipper certificates, required under Commercial Transportation of Equine for Slaughter Act “CTESA” regulations (See 9 C.F.R. § 88.4(a)(3)), on 14 horses transported from Nebraska to Colorado.
  • Selling 50 horses across state lines without proper Interstate Certificates of Veterinary Inspection (ICVIs) in 19 separate transactions.
  • Transporting a horse infected with Equine Infectious Anemia (EIA) from Colorado to Wyoming, resulting in a multi-state disease tracing effort that failed to locate 67 potentially exposed horses.  (Conducted EIA test on the day of transport where test came back positive one week later).

The USDA’s Animal and Plant Health Inspection Service (APHIS) charged Fabrizius under the Commercial Transportation of Equine for Slaughter Act (CTESA) and the Animal Health Protection Act (AHPA), citing negligence in ensuring horses were disease-free and properly documented and imposing civil liability.  Fabrizius Livestock appealed under the Administrative Procedures Act (APA.)

Court’s Findings & Ruling

The Tenth Circuit denied Fabrizius’ petition for review, affirming the USDA’s enforcement action. Key determinations included:

  1. Fabrizius was responsible for ensuring proper documentation when selling horses for interstate transport.
  2. The USDA’s regulations were not unconstitutionally vague and provided sufficient notice of legal responsibilities.
  3. The $210,000 penalty was justified given the serious risk to animal health and the economic impact on the equine industry.
  4. The penalty did not violate the Eighth Amendment, as it was deemed proportional to the violations and within statutory limits.

Implications for the Equine and General Livestock Industry

This ruling underscores strict federal oversight in the equine and other livestock trade, particularly for businesses involved in interstate transport. Key takeaways include:

  • Horse dealers and transporters must ensure compliance with USDA documentation requirements to avoid hefty fines and legal consequences.
  • Equine disease prevention remains a top regulatory priority, and violators risk severe penalties.
  • The case highlights the importance of clear business practices, as the court criticized the commingling of business and personal expenses within Fabrizius Livestock.

Final Thoughts

The Tenth Circuit’s decision serves as a strong warning to equine livestock dealers: cutting corners on USDA regulations can lead to substantial fines and long-term consequences. As federal agencies continue to tighten enforcement, compliance with equine and other livestock health and transportation laws remains critical for businesses operating across state lines.

Find the court opinion here: Fabrizius v. United States Department of Agriculture, No. 23-9570 (10th Cir. 2025)

This blog post is for informational purposes only and does not constitute legal advice.

Leave a comment