WSR 05-14-139

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed July 5, 2005, 8:47 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-07-035.

Title of Rule and Other Identifying Information: New section WAC 260-70-675 Bicarbonate testing.

Hearing Location(s): Peppertree Auburn Inn, 401 8th Street S.W., Auburn, WA 98001, on August 11, 2005, at 9:30 a.m.

Date of Intended Adoption: August 11, 2005.

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 August 9, 2005.

Assistance for Persons with Disabilities: Contact Patty Sorby by August 9, 2005, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This new section is being added to chapter 260-70 WAC, Controlled medication program, to regulate the use of alkalizing agents in a horse on race day.

Reasons Supporting Proposal: It has been discovered that alkalizing agents can be administered to a racehorse prior to a race to reduce the concentration of carbon dioxide in a horse's bloodstream and lessen lactic acid buildup, thus warding off fatigue and artificially enhancing the horse's performance. Rules are needed to prohibit and penalize trainers for this practice.

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.

July 1, 2005

R. M. Leichner

Executive Secretary

OTS-8005.3


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 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 as soon as practical and shall be shipped to the commission approved laboratory for total carbon dioxide split sample testing. 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