Kan. Admin. Regs. § 112-10-35

Current through Register Vol. 43, No. 49, December 5, 2024

Section 112-10-35 - Greyhound testing for prohibited substances; methods; procedures; payment of purse money

(a) Each racing greyhound entered in a race may be submitted to a urine or other pre-race test. No greyhound shall be eligible to start in a race until the owner or trainer complies with any required test procedure.

(b) The assistant animal health officer or veterinary assistant may take a urine or other test sample under the supervision of the animal health officer or assistant animal health officer from the winner of every race and from any other greyhound designated by the the assistant animal health officer in consultation with the racing judges.

(c) The assistant animal health officer or veterinary assistant shall take each test sample in a collection area or in the paddock area unless otherwise approved by the animal health officer or assistant animal health officer.

(d) Each trainer, kennel owner or authorized representative of the trainer or kennel owner may witness and confirm the taking of each test sample. Each trainer, kennel owner and authorized representative witnessing the collection shall sign the confirmation card.

(e) A trainer or kennel owner may waive the right to witness the collection of a test sample from a racing animal if the trainer's authorized representative witnessing the collection of the test sample is less than 18 years of age. The trainer shall execute a voluntary and knowing waiver of the right to witness the collection of the test sample before collection. Each trainer waiving the right to witness the collection of a test sample from a racing animal shall be estopped from later claiming any defect in the process of collecting and identifying the test sample.

(f) If a urine sample is not obtained within a reasonable time following a race, the assistant animal health officer may take a blood sample from the brachiocephalic vein in lieu of a urine sample and submit the blood plasma from the blood sample to the official test laboratory for testing.

(g) Each test sample shall remain in the custody of the animal health officer or assistant animal health officer from the time it is taken until it is delivered for shipment to the official test laboratory.

(h) No person shall tamper with, adulterate, add to, break the seal of, remove or otherwise attempt to alter or violate any test sample taken.

(i) The commission may direct the official test laboratory or the animal health officer and assistant animal health officer to retain and preserve test samples for future analysis.

(j) The payment of purse money before the issuance of an official test laboratory report shall not constitute a finding that no prohibited substance has been administered in violation of these racing regulations to the greyhound earning the purse money.

Kan. Admin. Regs. § 112-10-35

Authorized by K.S.A. 1995 Supp. 74-8804; implementing K.S.A. 1995 Supp. 74-8806, K.S.A. 1995 Supp. 74-8810, and 74-8811; effective, T-112-8-22-89, Aug. 22, 1989; effective Oct. 9, 1989; amended March 25, 1991; amended, T-112-8-13-92, Aug. 13, 1992; amended, T-112-12-10-92, Dec. 10, 1992; amended Feb. 15, 1993; amended, T-112-4-24-96, April 24, 1996; amend-ed Aug. 9, 1996.