Date of Adoption: March 13, 2003.

     Purpose: This rule adopts specific quantitative medication levels for those substances deemed permissible in test samples up to the stated quantitative levels. The agency has filed a CR-101 preproposal statement of inquiry, WSR 03-03-108, and has initiated proceedings to adopt a permanent rule on this subject matter.

     Citation of Existing Rules Affected by this Order: Amending WAC 260-70-630.

     Statutory Authority for Adoption: RCW 67.16.020, 67.16.040.

     Reasons for this Finding: Live horse racing is scheduled to begin on April 5, 2003, and continue on an intermittent schedule at various racing venues throughout the year. The agency has previously set permissible quantitative medication levels (thresholds) by a resolution of the comm [commission] based on the recommendation of veterinary staff. The agency has determined that medication threshold levels because there is insufficient time to promulgate permanent rules prior to the start of the live racing season, however, permanent rule making is underway.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Immediately.

March 14, 2003

Robert M. Leichner

Executive Secretary

	Procaine	25 ng/ml urine
	Benzocaine	50 ng/ml urine
	Mepivacaine	10 ng/ml urine
	Lidocaine	50 ng/ml urine
	Bupivacaine	5 ng/ml urine
	Clenubuterol	5 ng/ml urine
	Acepromazine	25 ng/ml urine
	Promazine	25 ng/ml urine
	Caffeine	100 ng/ml urine
	Salicylates	750 ng/ml urine

     The official urine test sample may not contain more than one of the above drug substances, including their metabolites or analogs, in an amount up to the specified level. Official blood test samples must not contain any of the drug substances listed in this rule, including their metabolites or analogs.

[Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-630, filed 4/17/96, effective 5/18/96.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

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