N.Y. Comp. Codes R. & Regs. tit. 9 § 4043.9

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

Section 4043.9 - Pre-race detention

(a) A horse that tests in violation of section 4043.8 of this Part shall be subject to pre-race detention, without regard to whether the horse is transferred to a new owner or trainer, for a period of six months and then until it tests in compliance with section 4043.8 of this Part and tests negative for drugs. If during the detention period a horse again tests in violation of section 4043.8 of this Part, then the detention period shall be extended as the stewards shall deem appropriate. The racetrack operator sponsoring the race shall make such pre-race detention available, at the sole expense of the trainer, for at least six hours before the start of the race program and as required by the stewards. Where a claimed horse is found to be in violation of section 4043.8 of this Part, the costs of a pre-race detention shall be the responsibility of the party requesting detention. A buyer who was not aware of its pre-race detention requirement for testing positive may void the purchase of a horse, provided it is done within 10 days after receiving notice of the horse's pre-race detention requirement.

(b) Each owner who is using a trainer at the time the trainer commits a repeat violation of section 4043.8 of this Part shall be required for four months to subject in pre-race detention all horses that were under the care or control of this trainer and any replacements of them. The pre-race detention requirement shall not continue to apply to a horse that is sold during the detention period to a third party in a good-faith, arms-length transaction. The pre-race detention requirement shall not apply unless the trainer's earlier violation happened within the past 12 months and the State steward made a ruling on the earlier TCO2 violation at least 10 days before the trainer's repeat violation. The racetrack operator sponsoring the race shall make such pre-race detention available, at the sole expense of the trainer, for at least six hours before the start of the race program and as required by the stewards.

(c) If during a detention period a trainer violates section 4043.8 of this Part, then the detention period shall be extended for such time as the stewards deem appropriate.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4043.9