Breeders welcome FOD amnesty on ineligible foals

Cover image courtesy of The Image Is Everything

On Tuesday afternoon, Racing Australia announced that all horses born in 2024 and 2025 who were previously ineligible to race under the enforcement of AR285, AR286 and AR287 will now be approved to race, overturning previous appeal rejections. All horses currently under appeal will be approved to race.

All horses born in 2024 or 2025 who have yet to do a mare return or Foal Ownership Declaration (FOD) will also be eligible to race, provided the paperwork and associated fees are completed by April 14, 2026.

An amnesty skirts around the ineligible rule

“The lodgement of the Foal Ownership Declaration is an important part of our overall horse traceability responsibilities and it is important that Owners and Breeders adhere to the specific Australian Rules of Racing that cover this,” said Racing Australia Chair Rob Rorrison in a press release.

“Our message has been very clear as to how serious an issue this is for the industry and I am pleased to say that the behavioural changes we are now seeing have resulted in a reduction in the Late Foal Ownership Declarations of 90%.

“We thank the participants for working with us to achieve this much improved result as we move toward 100% compliance.”

Foals born prior to 2024 who hadn’t completed a FOD prior to August 1, 2025, will still be subject to the appeals process, as will those who are born in 2024 or 2025 and don’t meet the amnesty deadline.

It is unknown how many horses were affected by this rule, and how many were ruled ineligible who will now be freed from the restriction and allowed to race under the amnesty.

Two Magic Millions Gold Coast yearlings affected

Two yearlings who sold through the Magic Millions Gold Coast Yearling Sale were affected by this rule. Lot 25 (Spirit Of Boom x Adio) was sold by Telemon Stud to Tony Gollan / Strong Bloodstock / John Foote Bloodstock (FBAA) for $150,000, and Lot 357 (Savabeel x How Womantic) was sold by Vinery Stud to PR Thoroughbreds for $190,000.

Both were going through the appeal process during the sale, and Lot 25 was later cleared to race through the appeal. However, Lot 357 was rejected under appeal and labelled ineligible to race.

This amnesty now clears Lot 357 to be eligible to race, and the Stud Book website showing the ineligibility will be removed before the amnesty deadline.

Gallery: Screenshot of Lot 357 on the Australian Stud Book showing the ineligible to race appeal status on 31 March 2026

Breeders welcome the news

Thoroughbred Breeders’ Australia (TBA) welcomed the news and told TTR that this was the result of long term lobbying across several industry organisations to get these foals reinstated.

CEO Andrew Hore-Lacy, in the role since June 2025, has moved decisively to break a stalemate that was creating pressing economic pressure for breeders, with the risk of welfare issues emerging if left unresolved. His ability to quickly mobilise a collaborative response and deliver a tangible outcome will be widely appreciated.

The amnesty gives breeders some breathing space, and TBA will be continuing the lobby for a resolution for foals born before 2024 and a sustainable long term solution.

“This is a positive step from Racing Australia and we welcome the sensible decision to resolve these cases,” TBA Chief Executive Officer Andrew Hore-Lacy said.

“Over recent months, both Racing Australia and breeders have gained a much clearer understanding of where the pressure points are within the current system. What has become evident is that the vast majority of cases were not deliberate breaches, but administrative errors or miscommunications about who would lodge the Foal Ownership Declaration.”

In many cases, foals fell through the cracks because responsibility for paperwork wasn’t clearly defined - studs assumed breeders were handling it, while breeders believed it was being managed on their behalf. It’s a timely reminder for all parties to establish clear ownership of administrative tasks for every foal.

“For breeders, these horses represent years of planning, investment and care,” he said.

“The reassurance in knowing that those impacted horses can now move forward and have a future on the track will be felt right across the industry.”

For every previously ineligible foal now in work or already through the sale ring, the path forward is clear - they are eligible to race. The amnesty removes uncertainty and allows these horses to progress as intended.

Falling foal crops are already an issue

In an environment where breeders are already facing rising costs and a declining foal crop, any rule that prevents otherwise healthy foals from entering the racing system risks adding further pressure to an already constrained industry.

In the last five years, the foal crop has dropped from 13,049 in 2021 to 11,350 in 2025, a fall of 15%. This is already creating important discussions on how to ensure Australian racing will have enough foals to fill fields.

The original rule was introduced with the intention of strengthening welfare outcomes. However, where it results in horses being unable to enter the racing system, it raises important questions about downstream welfare. What pathways exist for horses that cannot fulfil their intended role? To what extent will they be retained, educated or rehomed? And how are those outcomes tracked once they sit outside the formal racing framework?

These are considerations that should be fully understood before hard rules are implemented, not after.

“Our focus now is on making sure every outstanding Foal Ownership Declaration is completed within this window. We strongly encourage all breeders to review their records and act promptly,” Hore-Lacy said.

The message is clear – get your paperwork done before April 14 – don’t rely on this amnesty being extended.

The history of the rule; a recap

Prior to 2024, all late mare returns could be processed with a late fee, but there was no enforcement of timing, except for escalating cost. In July 2024, Racing Australia announced a new fee structure with an appeals process. For the 2024 season, this process merely included a survey for breeders to explain why they were late, but there was no consequence aside from a late fee.

From the 2025 season, and applied retrospectively to all late returns regardless of year of birth, the consequence of ineligibility was enforced. If a foal’s Foal Ownership Declaration was not complete within 60 days of birth, the foal would have to go through an appeal process, otherwise it would be ineligible to race.

The amnesty announced on Tuesday means that all foals who have completed this paperwork up to April 14, 2026, will now be eligible, regardless of previous status. People who have had foals marked as ineligible should contact Racing Australia as soon as possible to gain clarity over their own situation.

This was implemented as a Rule of Racing, not a rule of Stud Book, so all late paperwork only impacted on racing. Foals were still able to be DNA typed and were Stud Book eligible, so could be bred from. Foals could also race internationally as the Australian Rules of Racing didn’t apply to other jurisdictions.

In mid-March, New Zealand’s Racing and Integrity Committee closed the loophole for these horses to race in New Zealand, stating that “New Zealand should not provide a pathway that would allow participants to avoid the consequences of non-compliance with the Australian Rules of Racing.”

New Zealand no longer has to worry, at least for all horses who fall under this amnesty. With four months until the 2026 foals begin to appear, there is time for this ‘amnesty’ to be extended into removing this rule completely.