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Cloning Court Mandated Rules

Cloning update
Please refer to the timeline below regarding registration of clones. Until a decision is rendered by the Fifth Circuit Court of Appeals, the Motion for Stay of Equitable Relief Pending Appeal is still in effect and AQHA is not required to register clones or their offspring (see timeline below).
 
SEPTEMBER 4, 2014: U.S. Fifth Circuit Court of Appeals hears oral arguments regarding the cloning lawsuit. AQHA is awaiting a decision from that court.
MARCH 24, 2014: AQHA filed its Reply Brief to Plaintiffs’ Brief in the cloning lawsuit with the U.S. Fifth Circuit Court of Appeals. Click here for a link to the Reply Brief.
MARCH 3, 2014: On February 27, 2014, Appellees (Plaintiffs) filed their response brief. AQHA's current deadline to reply is March 24.
JANUARY 10, 2014: On January 2, 2014, several groups filed an Amici Curiae Brief asking the Fifth Circuit to reverse the district court’s judgment and render a verdict in favor of AQHA. Read the news release, including the list of breed organizations supporting AQHA's effort to have the final judgement reversed.
JANUARY 3, 2014: On December 26, 2013, AQHA filed its appellate brief in the cloning lawsuit. Read the news release.
DECEMBER 3, 2013: The U.S. District Court in Amarillo granted in part AQHA's Motion for Stay of Equitable Relief Pending Appeal. The effect of the order is that pending resolution of AQHA’s appeal, AQHA is not required to register clones or their offspring. Read the news release.
 
For the complete timeline and lawsuit background please click here.

COURT MANDATED RULES REGARDING REGISTRATION OF CLONES

1.    A new REG113 shall be added as follows:

REG113. SOMATIC NUCLEAR CELL TRANSFER (SCNT)

REG113.1 In the event that the owner of an AQHA registered horse wishes to produce a foal through SCNT, the owner of the AQHA registered horse (for purposes of this rule, the “cell donor horse”) must purchase an SCNT Permit for $50 from AQHA.  The application for purchase of an SCNT Permit must be on a form provided by AQHA.

REG113.1.1  The application for an SCNT Permit must be signed by the owner of the cell donor  horse.  

REG113.1.2 Each of the SCNT Permits purchased may be used for the registration of only one foal.  AQHA will record the number of outstanding SCNT Permits for each cell donor horse and that number will be a matter of public record.  It is the ultimate responsibility of a prospective buyer to confirm with the seller the number of outstanding SCNT Permit applications not yet recorded on AQHA records as of the date of sale.

REG113.1.3 The ownership of an SCNT Permit may be transferred.  Each transfer of ownership of an SCNT Permit shall be recorded by AQHA.  The rules for transfer of ownership as listed in REG125 for the transfer of ownership of a horse shall apply, except the request for transfer of an SCNT Permit shall be accompanied by the SCNT Permit instead of the certificate of registration.

REG113.1.4 When an SCNT Permit is used to register a foal, the owner of the SCNT Permit shall sign the SCNT registration application as the owner at the time of foaling.  However, only the owner of the cell donor horse at the time of SCNT Permit application may make any subsequent applications for SCNT Permit(s) with respect to subsequent Somatic Cell Nuclear Transfer(s) that derive from the original cell donor horse.

REG113.1.5    For application of an SCNT Permit received after preparation for transfer of donor cells, a late fee of $50 will be assessed.

REG113.1.6    For foals produced by SCNT prior to the adoption of this rule, owners of a cell donor horse may complete the requirements listed above upon the adoption of this rule to satisfy the requirements for registration.

REG113.2 A horse foaled by a mare that is not its genetic dam but transferred to her by SCNT shall be eligible for registration if the following requirements are met:

REG113.2.1 a DNA type of the horse produced from SCNT must be on file with AQHA.  Such DNA type must be obtained from a laboratory approved by AQHA and in accordance with procedures adopted by AQHA.  The DNA type must match the DNA type of an AQHA registered horse and shall also include the mitochondrial DNA (mtDNA) haplotype of the horse derived by SCNT;

REG113.2.2 the requirements of REG102.8 are met;

REG113.2.3 the cell donor must be listed on a properly completed SCNT Verification Certificate filed with AQHA; and

REG113.2.4 a properly completed SCNT registration application must be submitted to AQHA and accompanied by:

(a)    Four full-view photographs (front, back, and both sides) of the horse produced through SCNT; and (b)    a properly completed SCNT Permit that meets the requirements of REG113.2.

REG113.3 When a foal is produced by SCNT, such fact will be listed on its registration certificate.

REG113.4 AQHA may inspect the premises and practices of any party using or intending to use SCNT procedures.

REG113.5 The burden of meeting the requirements of REG102.8 is the registration applicant’s, and any question of whether such requirements have been met shall be resolved against the registration of a horse produced through SCNT.

2.    REG102.1 shall be amended by adding the following sentence at the end:

In the case of Somatic Cell Nuclear Transfer (SCNT), the record owner of the SCNT Permit (see REG113.1) shall sign an SCNT registration application as the owner at the time of cloned foal birth.

3.    REG102.2 shall be amended by adding the following sentence at the end:

In the case of SCNT, the record owner of the SCNT Permit (see REG113.1) shall sign an SCNT registration application as the owner at the time of cloned foal birth.

4.    REG102.8 shall be amended by adding the following:

REG102.8.9  it is the result of SCNT; note that while a clone does not have parents, the DNA profiles of the parents of the original non-SCNT cell donor horse will be used for comparison;

5.    A new REG102.9 shall be added as follows

REG102.9 In the case of foal produced by an SCNT parent, the foal’s DNA profile must be compared to the DNA profiles of the reported parents.  Such comparison must verify that the foal qualifies as having been a result of a breeding between the reported parents.  While such verification is sufficient for purposes of meeting the requirements of this rule, notation will be placed on the registration certificate that other horses having the same DNA profile as a reported SCNT parent (including the original non-SCNT cell donor and any of its clones) could also qualify as the parent of the foal.

6.    REG104 shall be amended by adding the following subsection:

REG104.5  In the case of SCNT, the foal shall receive a registration number if the requirements of REG113 are met.

7.    REG106.1 shall be deleted in its entirety.

8.    REG114.2 regarding circumstances in which a breeder’s certificate is not required shall be amended by adding the following exception:

REG114.2.2 a properly signed SCNT Permit is used to register a foal