WSR 08-02-071

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed December 28, 2007, 3:46 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-17-153.

Title of Rule and Other Identifying Information: WAC 260-70-630 Threshold levels.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on February 14, 2008, at 9:30 a.m.

Date of Intended Adoption: February 14, 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 February 8, 2008.

Assistance for Persons with Disabilities: Contact Patty Sorby by February 8, 2008, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Currently all anabolic steroids are considered Class 4 substances (WAC 260-70-680) and as such are prohibited, in any quantitative amounts in horses on race day. Given the therapeutic nature of anabolic steroids to treat sick or injured horses, the commission is proposing to set quantitative levels for the following four anabolic steroids are Boldenone, Nadrolone, Stanozolol and Testosterone. The quantitative amounts will depend on the specific substance and whether the horse is a gelding, filly, mare, or intact male. Only these four substances will be permitted, and only up to the stated quantitative levels. Any horse that has had an anabolic steroid administered in order to assist in the recovery of an illness or injury may be placed on the veterinarian's list to be monitored (by the commission veterinarian) until the concentration falls below the permitted level.

In addition, the commission is considering minor changes to subsection (2) environmental contaminants or substances.

Reasons Supporting Proposal: This proposal is based on the Racing Medication and Testing Consortium and the Association of Racing Commissioners, International model rule.

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.

December 28, 2007

R. J. Lopez

Deputy Secretary

OTS-1034.3


AMENDATORY SECTION(Amending WSR 06-09-009, filed 4/10/06, effective 5/11/06)

WAC 260-70-630   Threshold levels.   (((1) The following quantitative medication levels are permissible in test samples up to the stated quantitative levels:

((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
Clenbuterol 25 pg/ml serum or plasma
Acepromazine 25 ng/ml urine
Promazine 25 ng/ml urine
Salicylates 750,000 ng/ml urine
Albuterol 1 ng/ml urine
Pyrilamine 50 ng/ml urine
Theobromine 2000 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 exceeding the specified level. Official blood test samples must not contain any of the drug substances listed above, including their metabolites or analogs, except for the threshold amount established in this rule.

(2) Certain substances can be considered environmental contaminants in that they are endogenous to the horse or that they can arise from plants traditionally grazed or harvested as equine feed or are present in equine feed because of contamination during the cultivation, processing, treatment, storage or transportation phases.

(3) Certain drugs are recognized as substances of human use and addiction and which could be found in a horse. The following are permissible in test samples up to the stated quantitative levels:


((Caffeine 100 ng/ml serum or plasma
Benzoylecgonine 50 ng/ml urine
Morphine Glucuronides 50 ng/ml urine))

(4) If the preponderance of evidence presented in a stewards ruling conference shows that a positive test is the result of environmental contamination or inadvertent exposure due to human drug use, that evidence should be considered as a mitigating factor in any disciplinary action taken against the trainer.))

(1) Permitted medications.

(a) The following quantitative medications are permissible in test samples up to the stated concentrations:

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

Clenbuterol - 25 pg/ml serum or plasma

Acepromazine - 25 ng/ml urine

Promazine - 25 ng/ml urine

Salicylates - 750,000 ng/ml urine

Albuterol - 1 ng/ml urine

Pyrilamine - 50 ng/ml urine

Theobromine - 2000 ng/ml urine

(b) The official urine or blood test sample may not contain more than one of the above substances, including their metabolites or analogs, and may not exceed the concentrations established in this rule.

(2) Environmental substances.

(a) Certain substances can be considered "environmental" in that they are endogenous to the horse or that they can arise from plants traditionally grazed or harvested as equine feed or are present in equine feed because of contamination or exposure during the cultivation, processing, treatment, storage, or transportation phases. Certain drugs are recognized as substances of human use and could therefore be found in a horse. The following substances are permissible in test samples up to the stated concentrations:

Caffeine - 100 ng/ml serum or plasma

Benzoylecgonine - 50 ng/ml urine

Morphine Glucuronides - 50 ng/ml urine

(b) If a preponderance of evidence presented shows that a positive test is the result of environmental substance or inadvertent exposure due to human drug use, that evidence should be considered as a mitigating factor in any disciplinary action taken against the trainer.

(3) Androgenic-anabolic steroids.

(a) The following androgenic-anabolic steroids are permissible in test samples up to the stated concentrations:

Stanozolol (Winstrol) - 1 ng/ml urine in all horses regardless of sex.

Boldenone (Equipoise) - 15 ng/ml urine in intact males. No level is permitted in geldings, fillies or mares.

Nandrolone (Durabolin) - 1 ng/ml urine in geldings, fillies, and mares, and 45 ng/ml urine in intact males.

Testosterone - 20 ng/ml urine in geldings. 55 ng/ml urine in fillies and mares. Samples from intact males will not be tested for the presence of testosterone.

(b) All other androgenic-anabolic steroids are prohibited in race horses.

(c) The official veterinarian will notify the laboratory when a post-race urine or blood sample is collected from an intact male.

(d) Any horse to which an androgenic-anabolic steroid has been administered in order to assist in the recovery from illness or injury may be placed on the veterinarian's list in order to monitor the concentration of the drug in urine. Once the level is below the permitted concentration, the official veterinarian may remove the horse from the veterinarian's list.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-09-009, 260-70-630, filed 4/10/06, effective 5/11/06; 05-07-067, 260-70-630, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.020. 04-05-095, 260-70-630, filed 2/18/04, effective 3/20/04; 03-11-019, 260-70-630, filed 5/12/03, effective 6/12/03. Statutory Authority: RCW 67.16.040. 96-10-001, 260-70-630, filed 4/17/96, effective 5/18/96.]

Washington State Code Reviser's Office