WSR 03-07-055

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed March 14, 2003, 1:43 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-03-108.

     Title of Rule: WAC 260-70-630 Threshold levels.

     Purpose: To specify the quantitative medication levels for those substances deemed permissible in test samples.

     Statutory Authority for Adoption: RCW 67.16.020, 67.16.040.

     Summary: Certain substances are permissible in test samples up to a quantitative level. This preproposal [proposal] specifies those substances and the quantitative levels allowed.

     Reasons Supporting Proposal: This is a subject of rule making.

     Name of Agency Personnel Responsible for Drafting: Robert J. Lopez, Olympia, Washington, (360) 459-6462; Implementation and Enforcement: Robert M. Leichner, Olympia, Washington, (360) 459-6462.

     Name of Proponent: Washington Horse Racing Commission, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: WAC 260-70-630 Threshold levels is intended to allow the commission to promulgate a list of quantitative medication levels for certain substances permitted in test samples. The preproposal is intended to adopt into rule the list of permitted medications and the quantitative levels allowed.

     Proposal Changes the Following Existing Rules: To adopt into rule the list of permitted medications and quantitative levels rather than promulgating the list February 1 of each year.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes will not impose any costs upon businesses in the horse racing industry.

     RCW 34.05.328 does not apply to this rule adoption. The rule is not subject to this section under RCW 34.05.328 (5)(a).

     Hearing Location: Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, (253) 931-3041, on May 8, 2003, at 10:30 a.m.

     Submit Written Comments to: Robert Leichner, Washington Horse Racing Commission, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, fax (360) 459-6461, by May 7, 2003.

     Date of Intended Adoption: May 8, 2003.

March 14, 2003

R. M. Leichner

Executive Secretary


AMENDATORY SECTION(Amending WSR 96-10-001, filed 4/17/96, effective 5/18/96)

WAC 260-70-630   Threshold levels.   ((On or before February 1 of each year, the commission shall promulgate a list of)) The following quantitative medication levels ((for those certain substances which it has determined to be)) 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
Clenubuterol 5 ng/ml urine
Acepromazine 25 ng/ml urine
Promazine 25 ng/ml urine
Caffeine 100 ng/ml urine
Salicylates 750 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 up to the specified level. Official blood test samples must not contain any of the drug substances listed in this rule, including their metabolites or analogs.

[Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-630, filed 4/17/96, effective 5/18/96.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

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