No. 37420 (Emergency Rule): Rule R52-7. Horse Racing

DAR File No.: 37420
Filed: 03/20/2013 11:25:57 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this emergency rule filing is to make practical the medication rules concerning horse racing in the State of Utah so that test of drug levels can be fairly and accurately measured and detected. Specifically, making the medication limits comparable to those of states where Utah race horses regularly compete.

Summary of the rule or change:

This rule adopts the drug threshold levels used by the California Horse Racing Board, making clear the authorized drugs that can be used and the allowable levels those drugs can be found in the horse's body. The exact rules that will be incorporated by reference are: California Horse Racing Board Rule (CHRB) No. 1844 (Effective 02/14/12), Authorized Medication, with sections (h)(2),(e)(9) and (f) exempted; and (CHRB) Rule No. 1845 (Effective 5/27/05), Authorized Bleeder Medication, sections (b) - (c) and (e). This emergency rule also adopts a new standard for clenbuterol that is not incorporated by reference.

Emergency rule reason and justification:

Regular rulemaking procedures would cause an imminent peril to the public health, safety, or welfare.

Justification: This new emergency rule establishes drug threshold levels which are widely accepted in the horse racing industry. With the advances in drug testing and medication procedures in the horse racing industry, the need to update the current rule has arisen. An example of this is in urine analysis. A horse that was given a drug for training or medicinal purposes weeks prior to testing, still may produce metabolites of that drug in extremely small, nevertheless detectable amounts (due to the current sophistication of laboratory testing). Despite the fact that the physiological effects of that drug, as a potential performance enhancing compound, would have vanished in the weeks prior to testing, under current rule that horse would test positive for that drug if any trace is detected, thus resulting in a violation of the "zero tolerance" rule. By implementing scientifically sound threshold levels that protect horse racing from cheating via performance enhancing drugs, but at the same time allow for acceptable use of some drugs for medical and training purposes the horse racing industry is better served.

State statutory or constitutional authorization for this rule:

• Subsection 4-38-4(1)(e)

This rule or change incorporates by reference the following material:

• Adds California Horse Racing Board Rule, published by California Horse Racing Board, 01/14/2012

Anticipated cost or savings to:

the state budget:

No cost will be incurred to the state by implementation of this rule because the cost of blood test(s) is the responsibility of the horse owners and/or trainers.

local governments:

No cost will be incurred to local government for implementation of this rule because the cost of blood test(s) is the responsibility of the horse owners and/or trainers.

small businesses:

No cost will be incurred by the small business community by implementation of this rule because the cost of blood test(s) is the responsibility of the horse owners and/or trainer.

persons other than small businesses, businesses, or local governmental entities:

The implementation of this rule would require a larger drug assay test to be performed compared to what the current rule calls for. As a result, the cost of performing this test will increase by approximately $20 per test, affecting the trainers and owners who are responsible for paying for the tests.

Compliance costs for affected persons:

The implementation of this rule would require a larger drug assay test to be performed compared to what the current rule calls for. As a result, the cost of performing this test will increase by approximately $20 per test. The price that is currently in place for Utah samples is $80 for blood only samples, $100 for paired blood and urine samples, and $200 for re-analysis and confirmation of positive samples. That pricing is based on the submission of 10 or more samples at a time, and would remain the same, except for the blood only samples, which would increase to $100. This is because the new rule would add additional testing to cover the new threshold drugs and associated levels. These costs will affect the trainers and owners because they are responsible for paying for the test.

Comments by the department head on the fiscal impact the rule may have on businesses:

The horse racing industry requested the agency to reconsider and propose this emergency rule to allow for standards to be established for certain drug testing as opposed to the current standard of zero tolerance. It has been represented by the horse industry and veterinarian professionals that this is a needed change in existing administrative rule. The implementation of this rule would require a larger drug assay test to be performed compared to what the current rule calls for. As a result, the cost of performing this test will increase by $20 per test. This increase will affect the trainers and owners of the race horses as they are currently responsible for paying for the drug tests for their horses.

Leonard M. Blackham, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Horse Racing Commission (Utah)
350 N REDWOOD RD
SALT LAKE CITY, UT 84114

Direct questions regarding this rule to:

• Kyle Stephens at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at [e-mail]
• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at [e-mail]

This rule is effective on:

03/20/2013

Authorized by:

Leonard Blackham, Commissioner

RULE TEXT

R52. Agriculture and Food, Horse RacingCommission (Utah).

R52-7. Horse Racing.

R52-7-8. Veterinarian Practices,Medication and Testing Procedures.

1. Veterinary Practices - TreatmentRestricted. Within the time period of 24 hours prior to the posttime for the first race of the week until four hours after the lastrace of the week, no person other than Utah licensed veterinariansor animal technicians under direct supervision of a licensedveterinarian who have obtained a license from the Commission shalladminister to any horse within the enclosure any veterinarytreatment or any medicine, medication, or other substancerecognized as a medication, except for recognized feed supplementsor oral tonics or substances approved by the OfficialVeterinarian.

2. Veterinarians Under Supervision OfOfficial Veterinarian. Veterinarians licensed by the Commission andpracticing at an authorized meeting are under the supervision ofthe Official Veterinarian and the Stewards. The OfficialVeterinarian shall recommend to the Stewards or the Commission thediscipline to be imposed upon a veterinarian who violates theRules, and he or she may sit with the Stewards in any hearingbefore the Stewards concerning such discipline or violation.

3. Veterinarian Report. Every veterinarianwho treats any horse within the enclosure for any contagious orcommunicable disease shall immediately report to the officialveterinarian in writing on a form approved by the Commission. Theform shall include the name and location of the horse treated, thename of the trainer, the time of treatment, the probable diagnosis,and the medication administered. Each practicing veterinarian shallbe responsible for maintaining treatment records on all horses towhich they administer treatment during a given race meeting. Theserecords shall be available to the Commission upon subpoena whenrequired. Any such record and any report of treatment as describedabove is confidential; and its content shall not be disclosedexcept in a proceeding before the stewards or the Commission, or inthe exercise of the Commission's jurisdiction.

4. Drugs Or Medication. Except asauthorized by the provisions of this Article, no drug or medicationshall be administered to any horse prior to or during any race.Presence of any drug or its metabolites or analogs, or any substance foreign to the natural horse found inthe testing sample of a horse participating in a Commission-sanctioned race whichare outside of the approved drug threshold levels set forth byCalifornia Horse Racing Board (CHRB) Rule No. 1844 (Effective02/14/12), Authorized Medication, with sections (h)(2),(e)(9) and(f) exempted, hereby incorporated by reference.[of a horse participating in a Commission-sanctionedrace] shall result in disqualification by the Stewards. Accordingly clenbuterol will be treated the same as all otherdrugs that are not specifically authorized. If the testing laboratory detects clenbuterol or its metabolitesor analogs under the laboratory's standard operatingprocedures, the finding will be reported as a violation. When ahorse is disqualified because of an infraction of this Rule, theowner or owners of such horse shall not participate in any portionof the purse or stakes; and any trophy or other award shall bereturned. (See Drugs and Medications Exceptions, SectionR67-7-13.)

5. Racing Soundness Examination. Eachhorse entered to race may be subject to a veterinary examination bythe official veterinarian or his authorized representative forracing soundness and health on race day.

6. Positive Lab Reports. A finding by alicensed laboratory that a test sample taken from a horse containsa drug or its metabolites or analog, or any substance foreign tothe natural horse shall be prima facie evidence that such has beenadministered to the horse either internally or externally inviolation of these rules. It is presumed that the sample of urine,saliva, blood or other acceptable specimen tested by the approvedlaboratory to which it is sent is taken from the horse in question;its integrity is preserved; that all procedures of same collectionand preservation, transfer to the laboratory, and analyses of thesample are correct and accurate; and that the report received fromthe laboratory pertains to the sample taken from the horse inquestion and correctly reflects the condition of the horse duringthe race in which he was entered, with the burden on the trainer,assistant trainer or other responsible party to prove otherwise atany hearing in regard to the matter conducted by the stewards orthe Commission.

7. Intent Of Medication Rules. It shall bethe intent of these rules to protect the integrity of horse racing,to guard the health of the horse, and to safeguard the interests ofthe public and the racing participants through the prohibition orcontrol of all drugs, medication, and substances foreign to thenatural horse.

8. Power To Have Tested. As a safeguardagainst the use of drugs, medication, and substances foreign to thenatural horse, a urine or other acceptable sample shall be takenunder the direction of the official veterinarian from the winner ofevery race and from such other horses as the stewards or theCommission may designate.

9. Pre-Race Testing. The stewards mayrequire any horse entered to race to submit to a blood or otherpre-race test, and no horse is eligible to start in a race untilthe owner or trainer complies with the required testingprocedure.

10. Equipment For Official Testing.Organizations shall provide the equipment, necessary supplies andservices prescribed by the Commission and the official veterinarianfor the taking of or administration of blood, urine, saliva orother tests.

11. Taking Of Samples. Blood, urine,saliva or other samples shall be taken under the direction of theofficial veterinarian or persons appointed or assigned by theofficial veterinarian for taking samples. All samples shall betaken in a detention area approved by the Commission, unless theOfficial Veterinarian approves otherwise. Each horse shall becooled out for a minimum of 30 minutes after entry into the testbarn before a sample is to be taken. The taking of any test samplesshall be witnessed, confirmed or acknowledged by the trainer of thehorse being tested or his authorized representative or employee,and may be witnessed by the owner, trainer, or other licensedperson designated by them. Samples shall be sent to racinglaboratories approved and designated by the Commission, in suchmanner as the Commission or its designee may direct. All requiredsamples shall be in the custody of the official veterinarian,his/her assistants or other persons approved by the officialveterinarian from the time they are taken until they are deliveredfor shipment to the testing laboratory. No person shall tamperwith, adulterate, add to, break the seal of, remove or otherwiseattempt to so alter or violate any sample required to be taken bythis Article, except for the addition of preservatives orsubstances necessarily added by the Commission-approved laboratoryfor preservation of the sample or in the process of analysis.

The Commission has the authority to directthe approved laboratory to retain and preserve samples for futureanalysis.

The fact that purse money has beendistributed prior to the issuance of a laboratory report shall notbe deemed a finding that no chemical substance has beenadministered in violation of these Rules to the horse earning suchpurse money.

12. Laboratories Approved By TheCommission. Only laboratories approved by the Commission may beused in obtaining analysis reports on urine, or other specimens,taken from the winners or other designated horses of each racemeeting. The Commission and the Board of Stewards shall receivereports directly from the laboratory.

13. Split Samples. As determined by theofficial veterinarian, when sample quantity permits, each testsample shall be divided into two portions so that one portion shallbe used for the initial testing for unknown substances. If theTrainer or owner so requests in writing to the stewards within 48hours of notice of positive lab report on the test sample of hishorse, the second sample shall be sent for further testing to adrug testing laboratory designated and approved by the commission.Nothing in this rule shall prevent the commission or executivedirector from ordering first use of both sample portions fortesting purposes. The results of said split sampling may notprevent the disqualification of the horse as per R52-7-8-4 andR52-7-8-6. All costs for transportation and testing of the secondsample portion shall be the responsibility of the requestingperson. The official veterinarian shall have overall supervisionand responsibility for the freezing, storage and safeguarding ofthe second sample portion.

14. Facilitating The Taking Of UrineSamples. When a horse has been in the test barn more than 1-1/2hours, a diuretic may be administered by the Official Veterinarianfor the purpose of facilitating the collection of a urine samplewith permission of the stewards and the trainer or thetrainer's authorized test barn representative. The cost ofadministration of the diuretic is the responsibility of thetrainer. Prior to the administration of a diuretic, a blood samplemay be taken from the horse.

15. Postmortem Examination. Every horsewhich dies or suffers a breakdown on the racetrack in training orin competition within any enclosure licensed by the Commission andis destroyed, may undergo, at a time and place acceptable to theofficial veterinarian, a postmortem examination to the extentreasonably necessary to determine the injury or sickness whichresulted in euthanasia or natural death. Any other horse whichexpires within any enclosure may be required by the officialveterinarian to undergo a postmortem examination.

A. The postmortem examination requiredunder this rule will be conducted by a licensed veterinarianemployed by the owner or his trainer in consultation with theofficial veterinarian, who may be present at such postmortemexamination.

B. Test samples may be obtained from thecarcass upon which the postmortem examination is conducted andshall be sent to a laboratory approved by the Commission fortesting for foreign substances or their metabolites and naturalsubstances at abnormal levels. When practical, samples shall beprocured prior to euthanasia.

C. The owner of the deceased horse shallmake payment of any charges due the veterinarian employed by him toconduct the postmortem examination.

D. A record of such postmortem shall befiled with the official veterinarian by the owner'sveterinarian within 72 hours of the death and shall be submitted ona form supplied by the Commission.

E. Each owner and trainer accepts theresponsibility for the postmortem examination provided herein as arequisite for maintaining the occupation license issued by theCommission.

 

R52-7-13. Drugs and Medication Exceptionsand Illegal Practices.

1. Horses Tested. The winner of every raceand such other horses as the stewards or commission veterinarianmay designate shall be escorted by the veterinarian assistant afterthe race to the testing enclosure for examination by the authorizedrepresentative of the Commission and the taking of specimens shallbe by the commission veterinarian or his assistant.

2. Trainer Present at Testing. Thetrainer, or his authorized representative, must be present in thetesting enclosure when a urine or other specimen is taken from ahorse, the sample tag attached to the specimen shall be signed bythe trainer or his representative, as witness of taking of thespecimen. Willful failure to be present at or a refusal to allowthe taking of the specimen, or any act or threat to impede orprevent or otherwise interfere therewith, shall subject the personor persons doing so to immediate suspension and fine by thestewards and the matter shall be referred to the Commission forsuch further penalty as may be determined.

3. Specimens Delivered to Laboratory. Allspecimens taken by or under the direction of the commissionveterinarian, or other authorized representative of the Commission,shall be delivered to the laboratory approved by the Commission forofficial analysis. Each specimen shall be marked by number and dateand may also bear such information as may be essential to itsproper analysis; but the identity of the horse from the specimenwas taken or the identity of its owner, trainer, jockey or stableshall not be revealed to the laboratory. The container of specimenshall be sealed as soon as the specimen is placed therein and shallbear the name of the Commission.

4. Medication. The commissionveterinarian, the Commission or any member of the Board of Stewardsmay take samples of any medicines or other materials suspected ofcontaining improper medication, drugs or chemicals which wouldaffect the racing conditions of a horse in a race and which may befound in stables or elsewhere on race track grounds or in thepossession of such tracks or any person connected with racing andthe same shall be delivered to the laboratory designated by theCommission.

5. The Only Non-SteroidalAnti-Inflammatory Drug Permitted. Phenylbutazone shall beadministered to the horse no later than 24 hours prior to the timethe horse is scheduled to race.

6. Phenylbutazone Levels Permitted andPenalty. No urine sample taken from a horse shall exceed 165micrograms of phenylbutazone or its metabolites per milliliter ofurine or shall not exceed 5 micrograms per milliliter of bloodplasma. On a first violation period at phenylbutazoneconcentrations above 5 ug/ml but below 10 ug/ml plasma or serum: aminimum fine of $250.00; at concentrations above 10 ug/ml plasma: afine of up to $500.00.

On a second violation within a 12 monthperiod at phenylbutazone concentrations above 5 ug/ml but below 10ug/ml plasma or serum: a minimum fine of $500.00; at concentrationsabove 10 ug/ml plasma: a fine of up to $1,000.00.

On a third or subsequent violation withina 12-month period: a fine of $1,000.00, a suspension of 30 days,and loss of purse.

7. Administered under Direction ofCommission Licensed Veterinarian. Phenylbutazone must beadministered under the direction of a commission licensedveterinarian.

8. List Provided. Horses which are onphenylbutazone shall not be indicated on the daily racing programsor any other publications except that a list of horses onphenylbutazone will be kept by the stewards.

9. Lasix Treatment. Any horse whichexhibits symptoms of Epistaxis and/or respiratory tract hemorrhageis eligible for placement on the bleeder list and for treatment onrace days with the approved medication to prevent or limit bleedingduring racing.

10. Bleeders Listing. To be placed on thebleeders list, a horse must be found to have, during or immediatelyfollowing a race or workout, shed free blood from one or bothnostrils or bled internally in the respiratory tract. A Commissionlicensed veterinarian, following his or her personal examination ofa horse, or after consulting with the horses' privateveterinarian, shall be allowed to certify a horse as a bleeder. Auniversal bleeders certificate is required.

11. License Required. In any and allcases, private veterinarians must be licensed with the Utah HorseRacing Commission as a veterinarian in order to administerLasix.

12. Horse Removed From Bleeders List. ACommission licensed veterinarian may remove a horse from thebleeders list, provided a request is made in writing and it is therecommendation of the veterinarian of the horse, or after anexamination by the veterinarian, it is determined that the horse isnot a bleeder or is no longer eligible for the bleeders list.

13. Treatment Procedure. Horses on thebleeders list must be treated at least four hours prior to posttime with the bleeder medication furosemide, (i.e. Lasix). No othertreatment is permitted for bleeder treatment. Bleeder medicationmust be administered by a Commission licensed veterinarian, [such]using dosages[not to exceed 250 mg.] pursuant to CHRB Rule No. 1845, section (e), (Effective5/27/05), Authorized Bleeder Medication, which is herebyincorporated by reference. The bleeder medication isadministered by the trainers veterinarian, and must be witnessed bythe trainer or his designee upon their request. Administration ofthe bleeder medication must be reported in writing on a formdesignated by the Commission, to the track management no later thantwo hours prior to the scheduled post time of the last live race ofthe program.

14. Lasix Levels Permitted and Penalty.Any horse whose post race blood tests contains a level in excess ofthe levels set forth in CHRB Rule No. 1845, sections (b)-(c),(Effective 5/27/05), Authorized Bleeder Medication, herebyincorporated by reference,[80 nanograms of furosemide per milliliter ofplasma] will be said to be positive for Lasix overage andin violation of Utah Horse Racing Rules and Regulations.[ Any horse whose post-race urine creatinine is less than 40milligrams creatinine per 100 milliliters of urine, and the ratioof urine furosemide to urine creatinine does not exceed 0.15, withurine furosemide being measured in micrograms per milliliter ofurine will be said to be positive for Lasix overage and inviolation of Utah Horse Racing rules.]

A. A finding of a chemist of furosemide(Lasix) exceeding the allowable test levels given above shall beconsidered prima facia evidence that the medication wasadministered to the horse and carried in the body of the horsewhile participating in the race.

B. In these cases, a fine and/orsuspension will be levied to such horse trainer under the trainerresponsibility rule and the horse will be disqualified from therace.

15. Horses Designated. The horses'trainer or designated agent is responsible to enter horsescorrectly indicating the prescribed medication for the horse.Horses approved for Lasix medication will be designated on theovernight and the daily program with a Lasix or "L". Alist of horses approved for and using Lasix medication will bemaintained by the stewards.

16. Bleeder Disqualification. Any horsethat bleeds a second time in Utah shall not be able to race for aperiod of 30 days from the date of the second bleeding offense. Anyhorse that bleeds for a third time shall be suspended from racingfor a period of one year from the date of the third offense. Anyhorse bleeding for the fourth time will be given a lifetimesuspension from racing.

17. Disqualification of Owner or Trainer.A horse owner or trainer found to have committed illegal practicesunder this chapter or found to have administered any non-approvedmedication substances in violation of the rules in this chapter,shall be deemed disqualified and denied, or shall promptly return,any portion of the purse or sweepstakes or trophy awarded in theaffected race, and shall be distributed as in the case of adisqualification. If the affected race is a qualifying race for asubsequent race and if a horse shall be so disqualified, theeligibility of the other horses which ran in the affected race, andwhich have started in the subsequent race before announcement ofsuch disqualification shall not in any way be affected.

18. Hypodermic Instruments Prohibited.Except by specific written permission of the presiding steward, noperson within the grounds of the racing association where thehorses are lodged or kept shall have possession of, upon thepremises which he occupies or has the right to occupy or in any ofhis personal property or effects, any hypodermic instrument,hypodermic syringes or hypodermic needle which may be used forinjection into any horse of any medication prohibited by this rule.Every racing association is required to use all reasonable effortsto prevent the violation of this rule.

19. Search Provisions. Every racingassociation, the Commission or the stewards shall have the right toenter, search and inspect the buildings, stables, rooms and otherplaces where horses which are eligible to race are kept, or whereproperty and effects of the licensee are kept within the grounds ofthe association. Any licensee accepting a license shall be deemedto have consented to such search and to the seizure of anynon-approved or prohibited materials, chemicals, drugs or devicesand anything apparently intended to be used in connectiontherewith.

20. Daily Medication Reports. Allpracticing veterinarians must submit daily to the commissionveterinarian a medication report form furnished by the Commissioncontaining the following:

A. Name, age, sex and breed of thehorse.

B. The permitted drug used (Bute orLasix).

C. The time administered.

D. The route of the administration.

E. The report must be dated and signed bythe veterinarian so administering the medication. Any such reportis confidential and its contents shall not be disclosed except in aproceeding before the stewards or the Commission or in the exerciseof the Commission's jurisdiction.

21. Prima Facia Evidence. If the stewardsfind that any non-approved medication, for which the purpose ofdefinition shall include any drug, chemical, narcotic, anesthetic,or analgesic has been administered to a horse in such a manner thatit is present in a pre-race or post-race test sample, such presenceshall constitute prima facia evidence that the horse has beenillegally medicated.

22. Trainer Responsibility. Under allcircumstances, the horse of record trainer shall be responsible forthe horse he trains.

 

KEY: horses

Date of Enactment or Last SubstantiveAmendment: March 20, 2013

Notice of Continuation: August 30,2011

Authorizing, and Implemented orInterpreted Law: 4-38-4

 

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