Section 183.352. Post-race saliva, urine and blood tests

(a) The winning horse in every heat or race or performance against time shall be subjected to a saliva, urine or blood test for the purpose of determining thereby the presence of a drug, stimulant, sedative, depressant or medicine. In addition, the judges at a meeting may order another horse in a heat or race to be subjected to the saliva, urine or blood test or another test for the purpose of determining thereby the presence of a drug, stimulant, sedative, depressant or medicine. Samples of saliva, urine or blood shall be taken by the Commission veterinarian or a person appointed by the Commission under the supervision of the Commission veterinarian. Commission laboratory shall conduct post-race testing and may charge fees.

(b) Whenever there is a positive result of a post-race test the purse shall be redistributed. 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 on the licensee or person having control or care or custody 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 or person, charged with the violation shall be suspended and the matter referred to the Commission for hearing. The horses being trained by a person suspended under this rule may be assigned another trainer approved by the presiding judge having jurisdiction over the racing program or by the Commission.

The provisions of this § 183.352 amended September 28, 1979, effective September 29, 1979, 9 Pa.B. 3323.

Notation

Notes of Decisions

Harness racing officials have discretion to impose either a monetary fine or suspension for horse trainer’s first offense of having control, care or custody of horse which tested positive for drugs. Delker v. Harness Racing Commission, 581 A.2d 258 (Pa. Cmwlth. 1990); affirmed 590 A.2d 1360 (Pa. 1991).

Although Commission erroneously discussed Petitioner’s liability in terms of being a trainer rather than horse owner or veterinarian, Petitioner was still liable as the person having control of the horse, 58 Pa. Code § 183.352(b), and under the standards for a veterinarian, 58 Pa. Code § 183.356 or a licensed owner, 58 Pa. Code § 183.268. Reichard v. Harness Racing Commission, 499 A.2d 727 (Pa. Cmwlth. 1985).

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 person’’, 58 Pa. Code § 183.351(a), a licensed owner, 58 Pa. Code § 183.268, or the ‘‘person or persons 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 § 183.151 (relating to claiming regulations and procedures); 58 Pa. Code § 183.351 (relating to prerace testing program); and 58 Pa. Code § 183.355 (relating to control of horse, presumption of knowledge).