Section 017-11-1 - General Provisions1.Interpretation of this Chapter.This chapter is promulgated to protect the integrity of live harness racing, to protect the health and welfare of participating horses and to safeguard the interest of the public and the racing participants through the prohibition or control of medications and substances. This chapter shall be interpreted to accomplish that purpose.
2.General StandardsA. Licensed participants shall exercise a high standard of care in the administration of medications, vitamins, supplements and other substances to ensure that the health and welfare of the horse takes precedence over performance. Licensed participants shall not permit a horse participating in a race or programmed to participate in a race, to carry in its body any prohibited substance.B. Licensed participants and veterinarians treating participating horses shall carefully adhere to product labeling for medications, vitamins, supplements or other substances used in the treatment or feeding of participating horses. No person may exceed the recommended dosage rates for medications, vitamins, supplements or other substances when treating participating horses. Except as otherwise provided by this chapter, violation of this paragraph shall be considered a Class C violation pursuant to Chapter 17 of Commission rules.C. Licensed participants and veterinarians treating participating horses may not use, possess or distribute unlabeled medications, vitamins, supplements or other substances intended for administration to participating horses. Except as otherwise provided by Commission rule, violation of this paragraph shall be considered a Class C violation pursuant to Chapter 17 of Commission rules.D. Except as provided under this chapter, no person may administer injectable substances to participating horses, nor possess injectable substances on the grounds of an Association, without written directions from a licensed veterinarian.E. The standards contained in this chapter relating to the presence of prohibited substances are considered "strict liability" standards, which do not depend upon knowledge, negligence nor intent on the part of the licensed participants, but instead are based on the breach of an absolute duty to ensure that no horse participating in a race or programmed to participate in a race, has the presence of a prohibited substance in its body.F. Licensed participants and veterinarians treating participating horses, found to be responsible for the improper or intentional administration of any drug resulting in a positive test sample from a participating horse, may, after the proper notice and hearing, be subject to the same penalties set forth for the licensed trainer.G. In addition to any sanctions imposed by the Commission, any veterinarian treating participating horses found to be involved in the administration of any drug carrying the penalty class of "A" shall be referred to the Maine Board of Veterinary Medicine for consideration of further disciplinary action and/or license revocation.H. Any person who the State Stewards or the Commission believe may have committed acts in violation of statutes outside Commission jurisdiction may be referred to the appropriate agency. Administrative action taken by the Commission in no way prohibits referral of the matter to other agencies by the Commission.3.Trainer ResponsibilityA. A trainer shall be responsible for the condition of a horse in his or her care.B. A trainer shall be responsible for the presence of a prohibited drug, medication, substance, or metabolic derivative, including permitted medications in excess of the maximum-allowable concentration, in horses in his or her care.C. A trainer shall prevent the administration of a drug, medication, substance, or metabolic derivative that may constitute a violation of this chapter.D. A trainer whose horse has been claimed shall remain responsible for a violation of this Commission rule regarding that horse's participation in the race in which the horse was claimed.E. A trainer shall be responsible for:(1) The proper identity, custody, care, health, condition, and safety of horses in his or her care;(2) Promptly reporting the alteration of the sex of a horse to the horse identifier and the Race Secretary;(3) Promptly reporting to the Race Secretary and the Commission Veterinarian if a posterior digital neurectomy (heel nerving) is performed on a horse in his or her care and ensuring that this fact is designated on its certificate of registration;(4) Promptly reporting to the Race Secretary the name of a mare in his or her care that has been bred and is entered to race;(5) Promptly notifying the Commission Veterinarian of a reportable disease or communicable illness in a horse in his or her care;(6) Promptly reporting the serious injury or death of a horse in his or her care at a location under the jurisdiction of the Commission to the State Steward and the Commission Veterinarian and ensuring compliance with Chapter 1, section 20 of Commission rules;(7) Promptly notifying the State Stewards and the Commission Veterinarian if the trainer has knowledge or reason to believe that there has been an administration to a horse of a drug, medication, or other substance prohibited by Commission rules or has knowledge or reason to believe that a prohibited practice has occurred as set forth in this chapter;(8) Ensuring the fitness of every horse in his or her care to perform a creditable race at the distance entered; and,(9) Ensuring the horse's presence in the paddock at least one hour prior to post time of the race in which the horse is to compete.F. The trainer is responsible for, and is the absolute ensurer of the condition of, the horse that the trainer enters, regardless of the acts of other parties.01-017 C.M.R. ch. 11, § 1