WSR 05-09-096

EMERGENCY RULES

HORSE RACING COMMISSION


[ Filed April 20, 2005, 9:16 a.m. , effective April 20, 2005 ]


Purpose: To adopt, on an emergency basis, a new section in chapter 260-70 WAC to prevent persons from administering to racehorses any bicarbonate or alkalizing substance that effectively alters the serum or plasma pH or concentration of bicarbonates or total carbon dioxide in a racehorse on race day.

Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: This new section addresses substances that can be administered to a racehorse on race day, and is needed on an emergency basis to preserve the health and safety of the horse and rider and to protect the general welfare of the betting public, until the permanent rule can be adopted.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 1, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: April 14, 2005.

R. M. Leichner

Executive Secretary

OTS-8005.2


NEW SECTION
WAC 260-70-675   Bicarbonate testing.   No bicarbonate-containing substance or alkalizing substance that effectively alters the serum or plasma pH or concentration of bicarbonates or total carbon dioxide in a horse shall be administered to a horse within twenty-four hours of post time of the race in which the horse is entered.

The official veterinarian, the board of stewards or the executive secretary acting on behalf of the commission may at their discretion and at any time order the collection of test samples from any horses present either in the horse's stall or within the receiving or test barn to determine the serum or plasma pH or concentration of bicarbonate, total carbon dioxide, or electrolytes. Test samples shall be drawn prior to the race in which the horse is entered.

Test samples shall not exceed 37.0 millimoles of total carbon dioxide concentration per liter of serum or plasma. A serum or plasma total carbon dioxide level exceeding this value shall constitute a violation of this rule. Penalties shall be assessed as a Class 4 violation as provided in WAC 260-84-110.

When taking samples for bicarbonate testing or total carbon dioxide levels, split samples shall be permitted under the following conditions:

If an owner or trainer wants a split sample taken, the owner or trainer must have on file with the official veterinarian a signed bicarbonate split sample test authorization. Failure of the owner or trainer to have such an authorization filed with the official veterinarian shall constitute a waiver of all rights to have a split sample taken for testing.

If a split sample is taken, it shall be shipped at the same time the test sample is shipped and will be shipped to the testing facility identified by the owner or trainer. The owner or trainer authorizing a split sample shall be responsible for the cost of shipping and testing.

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Washington State Code Reviser's Office