WSR 08-06-070

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed March 4, 2008, 6:31 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-02-040.

Title of Rule and Other Identifying Information: WAC 260-70-640 Permitted medication.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on April 10, 2008, at 9:30 a.m.

Date of Intended Adoption: April 10, 2008.

Submit Written Comments to: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail rlopez@whrc.state.wa.us, fax (360) 459-6461, by April 7, 2008.

Assistance for Persons with Disabilities: Contact Patty Sorby by April 7, 2008, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to increase the permitted concentration of Flunixin from 20 micrograms per milliliter to 50 micrograms per milliliter in serum or plasma.

Reasons Supporting Proposal: Will raise the permitted concentrations to a level consistent with other racing jurisdictions (e.g., California) thus create consistency from jurisdiction to jurisdiction.

Statutory Authority for Adoption: RCW 67.16.020.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington horse racing commission, governmental.

Name of Agency Personnel Responsible for Drafting: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert M. Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

March 3, 2008

R. J. Lopez

Deputy Secretary

OTS-1359.1


AMENDATORY SECTION(Amending WSR 07-07-036, filed 3/12/07, effective 4/12/07)

WAC 260-70-640   Permitted medication.   Trainers using permitted medication in the care of their horses are subject to all rules governing such medications. Failure to administer permitted medication to a horse on a program of permitted medication is a violation of these rules.

(1) The use of one of three approved nonsteroidal anti-inflammatory drugs (NSAIDs) is permitted under the following conditions:

(a) The drug may not exceed the following permitted serum or plasma threshold concentrations, which are consistent with administration by a single intravenous injection at least twenty-four hours before the post time for the race in which the horse is entered:

(i) Phenylbutazone - 5 micrograms per milliliter;

(ii) Flunixin - ((20)) 50 nanograms per milliliter;

(iii) Ketoprofen - 10 nanograms per milliliter.

(b) No NSAID, including the approved NSAIDs listed in this rule, may be administered within the twenty-four hours before post time for the race in which the horse is entered.

(c) The presence of more than one of the three approved NSAIDs, with the exception of phenylbutazone in a concentration below 1 microgram per milliliter of serum or plasma or any unapproved NSAID in the post-race serum or plasma sample is not permitted. The use of all but one of the approved NSAIDs must be discontinued at least forty-eight hours before the post time for the race in which the horse is entered.

(2) Any horse to which a NSAID has been administered is subject to having a blood and/or urine sample(s) taken at the direction of an official veterinarian to determine the quantitative NSAID level(s) and/or the presence of other drugs which may be present in the blood or urine sample(s).

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-036, 260-70-640, filed 3/12/07, effective 4/12/07; 06-09-009, 260-70-640, filed 4/10/06, effective 5/11/06; 05-07-067, 260-70-640, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.040. 96-10-001, 260-70-640, filed 4/17/96, effective 5/18/96.]

Washington State Code Reviser's Office