294 Neb. Admin. Code, ch. 14, § 294-14.010

Current through September 17, 2024

Section 294-14.010 - STORAGE AND SHIPMENT OF SPLIT SAMPLES

14.010.01 Split samples obtained shall be secured and made available for further testing in accordance with the following procedures:

14.010.01A a split sample shall be secured in the test barn under the same manner as the portion of the specimen acquired for shipment to a primary laboratory until such time as specimens are packed and secured for shipment to the primary laboratory. Split samples shall then be transferred to a freezer at a secure location approved by the Commission.

14.010.01B a freezer for storage of split samples shall be equipped with two hasps or other devices to provide for use of two independent locks. One lock shall be the property of the Commission and one lock shall be the property of a representative of the group representing a majority of the horsemen at a race meeting. The locks shall be closed and locked so as to prevent access to the freezer at all times except as specifically provided by these rules.

14.010.01C a freezer for storage of split samples shall be opened only for depositing or removing split samples, for inventory, or for checking the condition of samples.

14.010.01D when a freezer used for storage of split samples is opened, it shall be attended by both a representative of the Commission and the owner, trainer or designee. A log shall be maintained that shall be used each time a split sample freezer is opened to specify each person in attendance, the purpose for opening the freezer, identification of split samples deposited or removed, the date and time the freezer was opened, and the time the freezer was closed and to verify that both locks were secured prior to and after opening of the freezer.

14.010.01E any evidence of a malfunction of a split sample freezer or samples that are not in a frozen condition during storage shall be documented in the log and immediately reported to the official veterinarian or a designated Commission representative.

14.010.02 A trainer or owner of a horse having been notified that a written report from a primary laboratory states that a prohibited substance has been found in a specimen obtained pursuant to these rules may request that a split sample corresponding to the portion of the specimen tested by the primary laboratory be sent to another laboratory approved by the Commission. The request must be made in writing and delivered to the stewards within 1 week after the trainer receives notice of the findings from the primary lab. A split sample will be shipped as soon as packaging can be coordinated between the trainer HBPA and a commission representative.

14.010.03 The owner or trainer requesting testing of a split sample shall be responsible for the cost of shipping and testing. Failure of the owner, trainer or designee to appear at the time and place designated by the official veterinarian shall constitute a waiver of all rights to split sample testing. Prior to shipment, the Commission shall confirm the split sample laboratory's willingness to provide the testing requested, the laboratory's willingness to send results to both the person requesting the testing and the Commission, and arrangements for payment satisfactory to the split sample laboratory. A split sample testing laboratory must be accredited by the Association of Racing Commissioners International and approved by the Commission. If an Association of Racing Commissioners International reference laboratory will accept split samples, that laboratory must be included among the laboratories approved for split sample testing.

14.010.04 Prior to opening the split sample freezer, the Commission shall provide a split sample chain of custody verification form that shall provide a place for recording the following information and such other information as the official veterinarian may require. The form shall be fully completed during the retrieval, packaging, and shipment of the split sample.

Split sample chain of custody form requirements:

14.010.04A the date and time the sample is removed from the split sample freezer;

14.010.04B the sample number;

14.010.04C the address where the split sample is to be sent;

14.010.04D the name of the carrier and the address where the sample is to be taken for shipment;

14.010.04E verification of each specific step of the split sample packaging in accordance with the recommended procedure;

14.010.04F verification of the address of the split sample laboratory on the split sample package;

14.010.04G verification of the condition of the split sample package immediately prior to transfer of custody to the carrier; and

14.010.04H the date and time custody of the sample is transferred to the carrier. verification of retrieval of the split sample from the freezer; and

14.010.04I the date and time custody of the sample is transferred to the carrier.

14.010.04J Verification of addresses, phone numbers, etc. to send testing results to both the trainer and the Commission.

14.010.05 A split sample shall be removed from the split sample freezer by a Commission representative in the presence of a representative of the horsemen's association.

14.010.06 The owner, trainer or designee shall pack the split sample for shipment in the presence of the representative of the Commission, in accordance with the packaging procedures recommended by the Commission. A form shall be signed by both the horsemen's representative and the Commission representative to confirm the packaging of the split sample. The exterior of the package shall be secured and identified with initialed tape, evidence tape or other means to prevent tampering with the package.

14.010.07 The package containing the split sample shall be transported to the location where custody is transferred to the delivery carrier charged with delivery of the package to the Commission-approved laboratory selected by the owner or trainer.

14.010.08 The owner, trainer or designee and the Commission representative shall inspect the package containing the split sample immediately prior to transfer to the delivery carrier to verify that the package is intact and has not been tampered with.

14.010.09 The split sample chain of custody verification form shall be completed and signed by the representatives of the Commission and the owner or trainer or their representative. A Commission representative shall keep the original and provide a copy for the owner or trainer.

294 Neb. Admin. Code, ch. 14, § 294-14.010