WSR 18-07-014
PERMANENT RULES
HORSE RACING COMMISSION
[Filed March 9, 2018, 2:03 p.m., effective April 9, 2018]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Creates a section that deals with testing as a biological in hair and how it is used.
Citation of Rules Affected by this Order: New WAC 260-70-665.
Statutory Authority for Adoption: RCW 67.16.020.
Adopted under notice filed as WSR 18-03-045 on January 10, 2018.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 1, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: March 9, 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.