PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-03-038.
Title of Rule: WAC 260-70-610 Storage and shipment of split samples.
Purpose: To amend the rule to require a commission representative pack a split sample in the presence of the owner, trainer or designee.
Statutory Authority for Adoption: RCW 67.16.040.
Summary: Clarifies who shall pack a split sample and who shall be present during packing.
Reasons Supporting Proposal: Adopts into rule the current practice of packing samples at the test barn.
Name of Agency Personnel Responsible for Drafting: Robert J. Lopez, Olympia, Washington, (360) 459-6462; Implementation and Enforcement: Robert M. Leichner, Olympia, Washington, (360) 459-6462.
Name of Proponent: Washington Horse Racing Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Purpose of the amendment to the rule is to clarify who must package a split sample and who must be present during the packing.
Proposal Changes the Following Existing Rules: Requires a commission representative to package a split sample in the presence of the owner, trainer or designee.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes will not impose any costs upon businesses in the horse racing industry.
RCW 34.05.328 does not apply to this rule adoption. The rule is not subject to this section under RCW 34.05.328 (5)(a).
Hearing Location: Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, (253) 931-3041, on May 8, 2003, at 10:30 a.m.
Submit Written Comments to: Robert Leichner, Washington Horse Racing Commission, 6326 Martin Way, Suite 209, Olympia, 98516-5578, fax (360) 459-6461, by May 7, 2003.
Date of Intended Adoption: May 8, 2003.
March 14, 2003
R. M. Leichner
Executive Secretary
(a) 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.
(b) A freezer for storage of split samples shall be equipped with a lock. The lock shall be closed and locked so as to prevent access to the freezer at all times except as specifically provided by these rules.
(c) 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.
(d) A log shall be maintained by the official veterinarian 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 the lock was secured prior to and after opening of the freezer.
(e) 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 stewards or a designated commission representative.
(2) A trainer or owner of a horse 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 not later than 48 hours after the trainer of the horse receives written notice of the findings of the primary laboratory. Any split sample so requested must be shipped within an additional 72 hours.
(3) 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 approved by the commission. The commission shall maintain a list of laboratories approved for testing of split samples.
(4) 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:
(a) The date and time the sample is removed from the split sample freezer;
(b) The sample number;
(c) The address where the split sample is to be sent;
(d) The name of the carrier and the address where the sample is to be taken for shipment;
(e) Verification of retrieval of the split sample from the freezer;
(f) Verification of each specific step of the split sample packaging in accordance with the recommended procedure;
(g) Verification of the address of the split sample laboratory on the split sample package;
(h) Verification of the condition of the split sample package immediately prior to transfer of custody to the carrier; and
(i) The date and time custody of the sample is transferred to the carrier.
(5) A split sample shall be removed from the split sample
freezer by a commission representative in the presence of the
owner, trainer or designee.
(6) A commission representative ((The owner, trainer or
designee)) shall pack the split sample for shipment in the
presence of the ((representative of the commission)) owner,
trainer or designee, in accordance with the packaging
procedures recommended by the commission. A form shall be
signed by both the owner'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.
(7) 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.
(8) The owner, trainer or designee may 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.
(9) The split sample chain of custody verification form shall be completed and signed by the representatives of the commission and the owner, trainer or designee. A commission representative shall keep the original and provide a copy for the owner, trainer or designee.
[Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-610, filed 4/17/96, effective 5/18/96.]