WSR 18-24-044
PROPOSED RULES
HORSE RACING COMMISSION
[Filed November 28, 2018, 11:17 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-17-109.
Title of Rule and Other Identifying Information: WAC 260-70-630 Threshold levels.
Hearing Location(s): On January 11, 2019, at 9:30 a.m., at the Auburn City Council Chambers, 25 West Main, Auburn, WA 98002.
Date of Intended Adoption: January 11, 2019.
Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, email doug.moore@whrc.state.wa.us, fax 360-549-6461, by January 3, 2019.
Assistance for Persons with Disabilities: Contact Patty Brown, phone 360-459-6462, fax 360-459-6461, email patty.brown@whrc.state.wa.us, by January 3, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To remove the environmental contaminants from this section and place them in a standalone WAC. Also, updates the anabolic steroids to use serum or blood as a testing method.
Reasons Supporting Proposal: To separate permitted medications from what may be considered an environmental substance.
Statutory Authority for Adoption: RCW 67.16.020.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, 360-459-6462.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Not business related.
November 28, 2018
Douglas L. Moore
Executive Secretary
AMENDATORY SECTION(Amending WSR 18-07-018, filed 3/9/18, effective 4/9/18)
WAC 260-70-630Threshold levels.
(1) Permitted medications.
(a) The following quantitative medications and/or metabolites are permissible in test samples up to the stated concentrations in urine:
Acepromazine - 10 ng/ml
Albuterol - 1 ng/ml
Bupivicaine - 5 ng/ml
Butorphanol - 300 ng/ml
Carboxydetomidine - 1 ng/ml
Clenbuterol - 140 pg/ml (in quarter horse and mixed breed races the presence of clenbuterol is prohibited)
Mepivacaine - 10 ng/ml
Promazine - 25 ng/ml
Pyrilamine - 25 ng/ml
(b) The following quantitative medications and/or metabolites are permissible in test samples up to the stated concentrations in serum or plasma:
Betamethasone - 10 pg/ml
Butorphanol - 2 ng/ml
Clenbuterol - 2 pg/ml (in quarter horse and mixed races the presence of clenbuterol is prohibited)
Cetirizine - 6 ng/ml
Cimetidine - 400 ng/ml
Dantrolene - 100 pg/ml
Detomidine - 1 ng/ml
Dexamethasone - 5 pg/ml
Diclofenac - 5 ng/ml
DMSO - 10 mcg/ml
Firocoxib - 20 ng/ml
Glycopryrrolate - 3 pg/ml
Guaifenesin - 12 ng/ml
Isoflupredone - 100 pg/ml
Lidocaine - 20 pg/ml
Methocarbamol - 1 ng/ml
Methylprednisolone - 100 pg/ml
Omeprazole - 10 ng/ml
Prednisolone - 1 ng/ml
*Procaine penicillin - 25 ng/ml
Ranitidine - 40 ng/ml
Triamcinolone acetonide - 100 pg/ml
Xylazine - 200 pg/ml
*
Administration of procaine penicillin to those horses entered must be reported to the commission and may require surveillance up to six hours prior to post time.
(c) Hair samples in pre- or post-race testing for quarter horses and mixed breed races may not be found to contain clenbuterol, ractopamine, zilpaterol, or albuterol in any concentration.
(d) Where a permitted medication has thresholds in both urine and serum or plasma, as set forth in this section, it is not a defense to a violation that the permitted medication does not exceed both thresholds.
(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:
Arsenic - 0.3 mcg/ml urine
Caffeine - 100 ng/ml serum or plasma
Cobalt - 50 ppb serum or plasma*
*
A level of 25 ppb in serum or plasma will result in the horse being placed on the official veterinarians list until such time as the level drops below the 25 ppb.
Benzoylecgonine - 50 ng/ml urine
Estranediol - 0.045 mcg/ml free + conjugated (5a-oestrane-3β,17a-diol), in the urine of male horses, other than geldings
Gamma Aminobutyric Acid (GABA) - 110 ng/ml in serum or plasma
Hydrocortisone - 1 mcg/ml urine
Methamphetamine - 10 ng/ml
Methoxytyramine - 4 mcg/ml, free + conjugated urine
Morphine Glucuronides - 50 ng/ml urine
Salicylate salicylic acid - 750 mcg/ml serum or plasma
Theobromine - 2 mcg/ml urine
Tramadol - 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 after hydrolysis of conjugates in urine:
Boldenone (Equipoise) - 15 ng/ml urine in ((intact males))male horses other than geldings - 1 ng/ml in urine for geldings, fillies or mares.
Nandrolone (Durabolin) - 1 ng/ml urine in geldings, fillies, and mares, and for nandrolone metabolite (5a-oestrane-3β,17a-diol) - 45 ng/ml urine in ((intact males))male horses other than geldings.
Testosterone - Not less than 20 ng/ml urine in geldings. Not greater than 55 ng/ml urine in fillies and mares (unless in foal). Samples from ((intact males))male horses other than geldings will not be tested for the presence of testosterone.
(b) The following androgenic-anabolic steroids are permissible in test samples up to the stated free (not conjugated), concentration in plasma or serum:
Boldenone (equipoise) - 25 pg/ml for all horses regardless of sex.
Nandrolone (durabolin) - 25 pg/ml for fillies and mares and geldings, male horses other than geldings shall be tested for nandrolone in urine.
Testosterone - 25 pg/ml in fillies, mares, and geldings.
(c) The sex of the horse must be identified to the laboratory on samples submitted for all pre- and post-race testing designated specifically for AAS screening.
(d) If an anabolic steroid is reported as administered to any horse to assist it with recovery from injury or illness, the horse may be placed on the official veterinarian list until such time as a sample is submitted and the levels are reported below the approved thresholds.
(e) All other androgenic-anabolic steroids are prohibited in race horses.
NEW SECTION
WAC 260-70-635Environmental substances.
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.
(1) The following substances are permissible in test samples up to the stated concentrations:
Arsenic - 0.3 mcg/ml urine
Caffeine - 100 ng/ml serum or plasma
Cobalt - 50 ppb serum or plasma*
*
A level of 25 ppb in serum or plasma will result in the horse being placed on the official veterinarians list until such time as the level drops below the 25 ppb.
Benzoylecgonine - 50 ng/ml urine
Estranediol - 0.045 mcg/ml free + conjugated (5a-estrane-3β,17a-diol), in the urine of male horses, other than geldings
Gamma aminobutyric acid (GABA) - 110 ng/ml in serum or plasma
Hydrocortisone - 1 mcg/ml urine
Methamphetamine - 10 ng/ml urine
Methoxytyramine - 4 mcg/ml, free + conjugated urine
Morphine glucuronides - 50 ng/ml urine
Salicylate salicylic acid - 750 mcg/ml serum or plasma
Theobromine - 2 mcg/ml urine
Tramadol - 50 ng/ml urine
(2) 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.