WSR 08-13-030

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed June 10, 2008, 12:58 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-09-138.

Title of Rule and Other Identifying Information: WAC 260-70-630 Threshold levels, subsection (3) Androgenic-anabolic steroids.

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

Date of Intended Adoption: August 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 August 8, 2007 [2008].

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

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 260-70-630 (3)(a), currently permits up to 45 nanograms of nandrolone (an androgenic-anabolic steroid) per milliliter of urine in the post-race samples of intact male race horses. The proposal is to amend this rule to specify that it is 45 nanograms of nandrolone metabolite per milliliter of urine in the post-race samples of intact males. The current language was developed by the Racing Medication and Testing Consortium and adopted by the Association of Racing Commissioners, International in error. The proposal is intended to fix that error.

Reasons Supporting Proposal: The proposal addresses an error in the current rule based [on] an error when the national model rule was developed and adopted.

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.

June 10, 2008

R. J. Lopez

Deputy Secretary

OTS-1702.1


AMENDATORY SECTION(Amending WSR 08-05-091, filed 2/15/08, effective 6/1/08)

WAC 260-70-630   Threshold levels.   (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 for nandrolone metabolite (5a-oestrane-3&bgr;,17a-diol) - 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. 08-05-091, 260-70-630, filed 2/15/08, effective 6/1/08; 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