Section 183.351. Prerace testing program

A prerace testing program may be established at a track designated by the Commission. The Commission shall operate the field laboratory located at the track and shall approve the reference laboratory affiliated with the program. For prerace testing the following procedures shall apply; all other testing regulations set forth in this section and not inconsistent with the herein prerace testing provisions shall remain in full force and effect and be used. Commission may charge fees to the associations for prerace testing.

(1) Blood samples shall be taken of every horse programmed to race, prior to the race in which it is programmed, for the purpose of determining the presence of any drug, stimulant, sedative, depressant or medicine.

(2) Blood samples shall be taken by the Commission veterinarian. The times at which the horses in each race shall be delivered to the paddock for the taking of the samples, as well as related procedures, shall be prescribed by the Commission veterinarian.

(3) Permission for the taking of prerace blood samples is mandatory and a horse may not be allowed to race if the taking of the sample is refused unless the Commission veterinarian, for good cause in his judgment, excuses the taking of the sample. During the taking of a sample the trainer or groom must be in attendance to manage the horse.

(4) Post-race urine, saliva or blood samples will also be taken of winning horses and other horses which may be designated under the provisions hereinafter set forth.

(5) Urine or saliva samples, or both may be taken of a horse whenever the prerace test is positive or when a blood sample has not been taken, or a urine, saliva and blood sample may be taken whenever, in the judgment of the Commission veterinarian or the Director of the field laboratory, a urine, saliva and blood sample is required for further analysis.

(6) Analyses of samples, prerace and post-race, taken under this section, may be made at the field laboratory and at the reference laboratory.

(7) Whenever there is a positive test result of a prerace test, the director of the field laboratory shall immediately notify the Commission veterinarian and the presiding judge and the presiding judge shall scratch the horse. If said positive test result is the only test result within 12 months prior to the present violation, the Judges presiding at the racing program may impose a fine in the amount of not less than $100 nor more than $250 dollars on the licensee and person, or both having control or care or custody, or both, of the horse which has the positive test or the person may be suspended and the matter referred to the Commission for hearing. If the present positive test is the second violation or more within 12 months prior to the present violation, the licensee and or person or persons, charged with the violation shall be suspended and the matter referred to the Commission for hearing. The horses being trained by any person suspended under this section and § § 183.352—183.363 may be assigned another trainer approved by the Presiding Judge having jurisdiction over the racing program or by the Commission.

(8) In a laboratory analysis of a specimen or sample of saliva, urine or blood, a positive result is the presence of a substance foreign to the natural horse except where tolerances and standards for such substance is established by the Commission.

(9) A person administering a drug, stimulant, sedative or depressant which results in a positive test shall be considered in violation of this section and § § 183.352—183.363; subject to a fine or a suspension, or both.

(10) As a prerequisite to participating in a racing meet where prerace testing is in effect, a declaration of acceptance is required. The signer consents, both for himself or as the authorized agent of the owner of the horse, to permit a licensed veterinarian to obtain blood sample in the paddock prior to the race for the purpose of testing the sample before the race. The signer for himself and as agent for the owner of the horse hereby directs and consents to the scratching of the horse from the race in the event that the test is positive.

The provisions of this § 183.351 amended September 28, 1979, effective September 29, 1979, 9 Pa.B. 3323.

Notation

Notes of Decisions

The fact that a horse trainer has a duty to guard against drug administration, 58 Pa. Code § 183.357, and that a veterinarian has a duty to prevent a drugged horse from racing, 58 Pa. Code § 183.356, does not relieve an owner of responsibility for administration of medication that resulted in a positive test since the regulations clearly also provide that fine or suspension may be imposed on any individual, 58 Pa. Code § 183.351(a), a licensed owner, 58 Pa. Code § 183.268, or the individual having control or custody, 58 Pa. Code § 183.352(b). Reichard v. Harness Racing Commission, 499 A.2d 727 (Pa. Cmwlth. 1985).

Cross References

This section cited in 58 Pa. Code § 183.355 (relating to control of horse, presumption of knowledge); and 58 Pa. Code § 183.361 (relating to winnings when rule is violated).