N.Y. Comp. Codes R. & Regs. tit. 9 § 4043.3

Current through Register Vol. 46, No. 22, May 29, 2024

Section 4043.3 - Equine drug thresholds; per se

(a) A horse shall have raced in violation of this section if any of the following substances is found, by the laboratory conducting tests for the commission, to be present in a race-day urine or blood sample taken from such horse at a concentration in excess of a threshold listed below. The test result of such laboratory shall include an assessment of the measurement uncertainty and imprecision of the quantitative threshold for the substance.

(1) Acepromazine: 10 ng/ml HEPS in urine;

(2) Albuterol: 1 ng/ml in urine;

(3) Betamethasone: 10 pg/ml in plasma;

(4) Butorphanol:

(i) 300 ng/ml of total butorphanol in urine; or

(ii) 2 ng/ml of free butorphanol in plasma;

(5) Cetirizine: 6 ng/ml in plasma;

(6) Cimetidine: 400 ng/ml in plasma;

(7) Clenbuterol:

(i) 140 pg/ml in urine; or

(ii) any clenbuterol in plasma;

(8) Cobalt: 50 ng/ml in plasma;

(9) Dantrolene: 100 pg/ml of 5-hydroxydantrolene in plasma;

(10) Detomidine:

(i) 2 ng/ml of any metabolite of detomidine in urine; or

(ii) 1 ng/ml of detomidine in plasma;

(11) Dexamethasone: 5 pg/ml in plasma;

(12) Diclofenac: 5 ng/ml in plasma;

(13) DMSO: 10 mcg/ml in plasma;

(14) Firocoxib: 20 ng/ml in plasma;

(15) Flunixin: 5 ng/ml in plasma;

(16) Furosemide: 100 ng/ml in plasma and a specific gravity of urine less than 1.010;

(17) Glycopyrrolate: 3 pg/ml in plasma;

(18) Guaifenesin: 12 ng/ml in plasma;

(19) Isoflupredone: 100 pg/ml in plasma;

(20) Ketoprofen: 2 ng/ml in plasma;

(21) Lidocaine: 20 pg/ml of total 3-hydroxylidocaine in plasma;

(22) Mepivacaine:

(i) 10 ng/ml of total hydroxymepivacaine in urine; or

(ii) any hydroxymepivacaine in plasma;

(23) Methocarbamol: 1 ng/ml in plasma;

(24) Methylprednisolone: 100 pg/ml in plasma;

(25) Omeprazole: 10 ng/ml of omeprazole sulfide in plasma;

(26) Phenylbutazone: 0.3 mcg/ml in plasma;

(27) Prednisolone: 1 ng/ml in plasma;

(28) Procaine penicillin: 25 ng/ml of procaine in plasma;

(29) Ranitidine: 40 ng/ml in plasma;

(30) Triamcinolone acetonide: 100 pg/ml in plasma; and

(31) Xylazine: 200 pg/ml in plasma.

(b) A laboratory finding that a horse has not exceeded a threshold set forth in this section shall not constitute a defense to a violation of any other section of this Subchapter.

(c) Special provisions.

(1) Cobalt. A person who is found responsible for a violation of this section for the substance cobalt, when the detected concentration of cobalt exceeds 300 ng/ml in plasma, shall incur the same penalty described in paragraph (2) of subdivision (b) of section 4043.12 of this Part.

(2) Corticosteroid joint injection. It shall not be a violation of this section for the drug betamethasone, isoflupredone or triamcinolone acetonide when:

(i) the laboratory positive resulted from an administration that was recorded in the contemporaneous veterinary records of the horse, reported to the commission in compliance with subdivision (b) of section 4043.4 of this Part before the horse raced, and administered to the horse in compliance with subdivision (i) of section 4043.2 of this Part at least seven days before the race; and

(ii) the commission had not previously issued a warning to the trainer that the commission laboratory reported finding such substance, in a urine or blood sample collected from any horse trained by such trainer, at a concentration in excess of the threshold set forth in subdivision (a) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4043.3

Adopted, New York State Register December 31, 2014/Volume XXXVI, Issue 52, eff.1/1/2015

Amended New York State Register February 10, 2016/Volume XXXVIII, Issue 06, eff.2/10/2016

Amended New York State Register December 16, 2020/Volume XLII, Issue 50, eff. 12/16/2020

Amended New York State Register June 2, 2021/Volume XLIII, Issue 22, eff. 6/2/2021