N.Y. Comp. Codes R. & Regs. tit. 9 § 4012.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 4012.1 - Possession of hypodermic equipment and controlled substances

(a) No person other than a commission veterinarian, track veterinarian, a practicing veterinarian licensed by the commission, or a veterinary technician who is licensed by the commission and acting with commission approval at the direction and under the supervision of a licensed veterinarian who is on the same premises, is permitted to have or possess in or upon the premises of a licensed or franchised race track, including premises that the person occupies or has a right to occupy, or is permitted to have or possess in his or her personal property or effects upon such premises, the following:

(1) any equipment that may be used for hypodermic injection or other infusion into a horse or any vial, bottle or cartridge designed and usable for such purposes; or

(2) any controlled substance, listed in schedules I through IV of section 812 of title 21 of the United States Code (Food and Drugs) or any drug that has not been approved for use in the horse by the Federal Food and Drug Administration. Not included in this prohibition are liniments, antiseptics, ointments, leg paints, washes and other products commonly used in the daily care of horses.

(b) Subdivision (a) of this section shall not apply to any person who may have in his or her possession a controlled substance or hypodermic syringe for which he or she has obtained prior written permission from the stewards to possess and use for his or her own personal health pursuant to prescription of a physician.

(c) All bottles and other containers kept in or about any tack room or elsewhere on the premises of a racing association shall bear a label stating plainly the contents thereof, including the name of each active ingredient; provided, however, that this section shall not apply if each container bears either a veterinarian's label or a regular prescription label with a pharmacist's name and address, prescription number and the name of the prescribing veterinarian.

(d) Each track is required to use all reasonable efforts to prevent and detect violations of this section. Each track, the commission and the stewards or their designees shall have the right to enter into or upon the buildings, stables, rooms, motor vehicles or other places within the grounds of such track to examine the same and to inspect and examine the personal property and effects of any person within such places; and every person who has been granted a license by the commission, by accepting such license, does consent to such search, including a personal search, and to the seizure of any drugs or hypodermic syringes, hypodermic needles or other devices; and if the commission shall find that any person has refused to permit any such search or seizure, it may impose such punishment as may be appropriate.

(e) A report shall be made to the Bureau of Narcotics of the Department of the Treasury of the United States of all cases in which it is reported to the commission that narcotics or other controlled substances have been detected in a specimen from any horse. If any veterinarian or physician has been involved in any such case, a similar report shall be made to the New York State Education Department.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4012.1

Amended New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/10/2021