N.Y. Comp. Codes R. & Regs. tit. 9 § 4012.3

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

Section 4012.3 - Drug detection programs

Programs for the detection of the presence of drugs in horses programmed to race shall be conducted at each track unless otherwise ordered by the commission.

(a) Pre-race testing.

(1) Blood or other samples shall be taken from every horse programmed to race, prior to the race in which it is programmed, at a time and in a location specified by the commission or the commission's representative.

(2) The trainer or the trainer's representative shall accompany the horse at the prescribed time and to the prescribed location, and shall manage the horse as directed. Willful failure to be present at, or a refusal to allow, the taking of any such sample, or any act or threat to impede or prevent or otherwise interfere therewith shall constitute a violation of this Part and shall subject the person or persons guilty thereof to punishment as may be appropriate.

(3) Blood samples will be taken by the State veterinarian or, under the State veterinarian's supervision, by a graduate veterinarian.

(4) A horse shall not race if it has not been tested in accordance with the provisions of this section.

(5) Whenever a laboratory test indicates the presence of a drug, restricted substance, or a foreign substance the identity of which cannot be established in a sample taken from a horse, the stewards shall scratch the horse and take such further action as they deem necessary.

(6) Unless specifically permitted in writing by the state steward, a horse, once the pre-race test sample is taken, shall not be transported from the grounds except to be transported to the racecourse where it is scheduled to race if such racecourse is not part of the grounds where the test sample is taken.

(b) Post-race testing.

(1) The winner and at least one other horse designated by the stewards shall be sent to the testing facility immediately after each race.

(2) Blood, urine, and such other samples as may be required shall be attempted to be taken from the designated horse at a time and in an enclosure specified by the commission or the commission's representative, until such horse is released by the State veterinarian.

(3) The trainer or the trainer's representative shall accompany the horse at the prescribed time and to the prescribed location, and shall manage the horse as directed. Willful failure to be present at, or a refusal to cooperate in the taking of any such sample, or any act or threat to impede or prevent or otherwise interfere therewith shall subject the guilty person or persons to such punishment as may be appropriate.

(4) Blood samples will be taken by the State veterinarian or, under State veterinarian's supervision, by a graduate veterinarian. Urine samples shall be gathered by a commission inspector.

(5) Where deemed necessary to obtaining a urine sample by the State veterinarian, a horse may be permitted to return to the horse's stable prior to release if accompanied by a commission inspector.

(c)

(1) The stewards may require at any time that any horse be sent to the testing enclosure for the taking of such specimens of blood, urine or other materials as shall be directed, as well as for an examination for "sponging" and such other examination as shall be directed.

(2) The State veterinarian may also, when so directed by the stewards, require the taking of any or all of the foregoing specimens from any horse stabled at a track during a meeting.

(d) The stewards, State veterinarian or their designees may take, for analysis, samples of any medicine or other materials that may be found in stables or elsewhere on race tracks or in the possession of any person connected with racing.

(e) Requalification of a horse. A horse that has tested positive for the presence of a drug, whether pre-race or post-race, shall qualify in a workout satisfactory to the stewards, and thereafter test negative for drugs before that horse starts and runs in any subsequent race.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4012.3