Section 163.309. Responsibilities to guard against administration of drugs

The owner, trainer, groom or other person who is charged with the responsibility of the horse shall protect the horse against the administration or attempted administration, either internally or externally, of a drug to the horse. If the stewards determine that an owner, trainer, groom or other person has failed to protect the horse they may immediately suspend the trainer, groom or other person and refer the matter to the Commission for final disposition.

Notation

Notes of Decisions

Since horse was left unattended for 2 or 3 daylight hours daily, the fact that horse trainer hired night watchman was insufficient to rebut presumption of negligence created under 58 Pa. Code § 163.303(b) when a prohibited foreign substance was found in a test sample Brown v. Horse Racing Commission, 499 A.2d 1132 (Pa. Cmwlth. 1985).

Horse trainers are specifically charged with the obligation to guard against the administration of any drug to his horse. Worthington v. Horse Racing Commission, 514 A.2d 311, 312 (Pa. Commw. 1986).

Cross References

This section cited in 58 Pa. Code § 163.302 (relating to foreign drugs, medications or substances); and 58 Pa. Code § 163.308 (relating to official laboratory).