WSR 08-05-091

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed February 15, 2008, 8:25 a.m. , effective June 1, 2008 ]


Effective Date of Rule: June 1, 2008.

Purpose: To amend WAC 260-70-630 to adopt concentration levels for specific androgenic-anabolic steroids.

Citation of Existing Rules Affected by this Order: Amending WAC 260-70-630.

Statutory Authority for Adoption: RCW 67.16.020 and 67.16.040.

Adopted under notice filed as WSR 08-02-071 on December 28, 2007.

Changes Other than Editing from Proposed to Adopted Version: The version that was adopted removed the provisions that (1) required a horse treated with an androgenic-anabolic steroid to go on the vet's list; and (2) required the lab be notify [notified] if the sample came from an intact male.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: February 14, 2008.

R. J. Lopez

Deputy Secretary

OTS-1034.5


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.

[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