WSR 18-03-045 PROPOSED RULES HORSE RACING COMMISSION [Filed January 10, 2018, 8:43 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-19-033. Title of Rule and Other Identifying Information: New WAC 260-70-665 Hair testing. Hearing Location(s): On March 9, 2018, at 9:30 a.m., at the Auburn City Council Chambers, 25 West Main, Auburn, WA 98002. Date of Intended Adoption: March 9, 2018. Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, email doug.moore@whrc.state.wa.us, fax 360-459-6461, by March 2, 2018. Assistance for Persons with Disabilities: Contact Patty Brown, phone 360-459-6462, fax 360-459-6461, TTY 360-459-6462, email patty.brown@whrc.state.wa.us, by March 6, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Adds a new section to define the scope and purpose of using hair as a biological sample for testing. Reasons Supporting Proposal: Clarification was needed to give stakeholders adequate descriptions of the use of hair testing and the methods supporting it. 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, 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. Not applicable. 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. January 10, 2018 Douglas L. Moore Executive Secretary
NEW SECTION
WAC 260-70-665 Hair testing.
(1) The commission is authorized to collect and submit hair samples for testing in quarter horses and mixed breed races. For horses which have been entered to race, the hair sample may be collected at any time prior to post time, or a sample may be collected in the test barn following the race. If a sample is collected after a horse is entered into, but prior to competing in a race, a positive report received based on the sample collected will be considered a post race violation. Hair samples may also be collected for out of competition testing.
(2) The commission or its designee will comply with the official testing laboratories guidelines for hair sample collection and storage.
(3) The presence of any prohibited substances that appears in a pre- or post-race sample including, but not limited to, clenbuterol, zilpaterol, and ractopamine in QH and mixed breed races, will constitute a violation.
The presence of a therapeutic medication with an established threshold level for that breed which appears in a hair sample will not be considered a violation.
(4) Samples collected for out of competition testing in quarter horses that result in a positive finding for a prohibited substance as listed in WAC 260-70-545 will be reported to the board of stewards and considered a violation.
The presence of clenbuterol in an out of competition test in a quarter horse will result in the horse being placed on the official veterinarians list for a minimum of thirty days or until a sample is submitted and is reported as negative for the presence of clenbuterol. If, at the owners request a sample is submitted for screening for removal from the official veterinarians list, the owner(s) are responsible for the cost of the testing.
(5) If a horse is selected for hair testing and the mane is less than four and one-half inches in length, the commission may elect to collect a hair sample using the tail.
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