WSR 12-03-054

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed January 11, 2012, 3:07 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-16-001.

Title of Rule and Other Identifying Information: WAC 260-70-640 Permitted medication and 260-84-120 Penalties related to permitted medication.

Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on March 9, 2012, at 9:30 a.m.

Date of Intended Adoption: March 9, 2012.

Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail dmoore@whrc.state.wa.us, fax (360) 459-6461, by March 6, 2012.

Assistance for Persons with Disabilities: Contact Patty Sorby by March 6, 2012, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Removes the restriction that jockeys may not own horses and allows them to own with certain restrictions.

Reasons Supporting Proposal: Ensures transparency for stakeholders and the public on true ownership of horses.

Statutory Authority for Adoption: RCW 67.16.020.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: [Horse racing commission], governmental.

Name of Agency Personnel Responsible for Drafting: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert J. Lopez, 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.

January 11, 2012

Douglas L. Moore

Deputy Secretary

OTS-4375.1


AMENDATORY SECTION(Amending WSR 08-09-044, filed 4/10/08, effective 5/11/08)

WAC 260-70-640   Permitted medication.   Trainers using permitted medication in the care of their horses are subject to all rules governing such medications. Failure to administer permitted medication to a horse on a program of permitted medication is a violation of these rules.

(1) The use of one of three approved nonsteroidal anti-inflammatory drugs (NSAIDs) is permitted under the following conditions:

(a) The drug may not exceed the following permitted serum or plasma threshold concentrations, which are consistent with administration by a single intravenous injection at least twenty-four hours before the post time for the race in which the horse is entered:

(i) Phenylbutazone - 5 micrograms per milliliter in overnight and nongraded stakes races, and 2 micrograms per milliliter in graded stakes races;

(ii) Flunixin - 50 nanograms per milliliter;

(iii) Ketoprofen - 10 nanograms per milliliter.

(b) No NSAID, including the approved NSAIDs listed in this rule, may be administered within the twenty-four hours before post time for the race in which the horse is entered.

(c) The presence of more than one of the three approved NSAIDs, with the exception of phenylbutazone in a concentration below 1 microgram per milliliter of serum or plasma or any unapproved NSAID in the post-race serum or plasma sample is not permitted. The use of all but one of the approved NSAIDs must be discontinued at least forty-eight hours before the post time for the race in which the horse is entered.

(2) Any horse to which a NSAID has been administered is subject to having a blood and/or urine sample(s) taken at the direction of an official veterinarian to determine the quantitative NSAID level(s) and/or the presence of other drugs which may be present in the blood or urine sample(s).

[Statutory Authority: RCW 67.16.020 and 67.16.040. 08-09-044, 260-70-640, filed 4/10/08, effective 5/11/08; 07-07-036, 260-70-640, filed 3/12/07, effective 4/12/07; 06-09-009, 260-70-640, filed 4/10/06, effective 5/11/06; 05-07-067, 260-70-640, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.040. 96-10-001, 260-70-640, filed 4/17/96, effective 5/18/96.]

OTS-4376.1


AMENDATORY SECTION(Amending WSR 11-03-053, filed 1/14/11, effective 2/14/11)

WAC 260-84-120   Penalties relating to permitted medication.   (1) Should the laboratory analysis of serum or plasma taken from a horse show the presence of more than one approved nonsteroidal anti-inflammatory drug (NSAID) in violation of these rules the following penalties will be assessed:

(a) For a first offense within a three hundred sixty-five day period - Fine not to exceed $300;

(b) For a second offense within a three hundred sixty-five day period - Fine not to exceed $750;

(c) For a third offense within a three hundred sixty-five day period - Fine not to exceed $1,000.

(2) Should the laboratory analysis of serum or plasma taken from a horse show the presence of phenylbutazone in excess of the quantities authorized by this rule, the following penalties will be assessed:

(a) For overnight and nongraded stakes races:


Concentration 1st offense within

365 days

2nd offense within

365 days

3rd and subsequent offenses within 365 days
> 5.0 but < 6.5 mcg/ml Warning Fine not to exceed $300 Fine not to exceed $500
> 6.5 but < 10.0 mcg/ml Fine not to exceed $300 Fine not to exceed $500 Fine not to exceed $1000
> 10.0 mcg/ml Fine not to exceed $500 Fine not to exceed $1000 Fine not to exceed $2500 and possible suspension

(b) For graded stakes races:


Concentration 1st offense within

365 days

2nd offense within

365 days

3rd and subsequent offenses within 365 days
> 2.0 but < 4.9 mcg/ml Fine not to exceed $300 Fine not to exceed $500 Fine not to exceed $1000 and 7-day suspension
> 5.0 mcg/ml Fine not to exceed $500 Fine not to exceed $1000 and 7-day suspension Fine not to exceed $2500 and 15-day suspension

(3) Detection of any unreported permitted medication, drug, or substance by the primary testing laboratory may be grounds for disciplinary action.

(4) As reported by the primary testing laboratory, failure of any test sample to show the presence of a permitted medication, drug or substance when such permitted medication, drug or substance was required to be administered may be grounds for disciplinary action, which may include a fine not to exceed three hundred dollars. Multiple violations by an individual within a three hundred sixty-five day period may include additional fines and/or suspension or revocation.

(5) In assessing penalties for equine medication, prior offenses will count regardless of whether the violation(s) occurred in Washington or another recognized racing jurisdiction, and regardless of the prior concentration level.

[Statutory Authority: RCW 67.16.020. 11-03-053, 260-84-120, filed 1/14/11, effective 2/14/11. Statutory Authority: RCW 67.16.020 and 67.16.040. 08-05-086, 260-84-120, filed 2/15/08, effective 3/17/08; 05-07-064, 260-84-120, filed 3/11/05, effective 4/11/05.]

Washington State Code Reviser's Office