N.J. Admin. Code § 13:70-14A.13

Current through Register Vol. 56, No. 7, April 1, 2024

Section 13:70-14A.13 - Out-of-competition testing (on non-race days and on race days pre-race) of racehorses for Erythropoietin (Epogen, EPO), DarbEPO, or other blood doping agents; penalties, procedures, and testing costs for positive test results for Erythropoietin (Epogen, EPO), DarbEPO, or other blood doping agents, as a result of out-of-competition testing; penalties, procedures, and testing costs for positive test results for Erythropoietin (Epogen, EPO), DarbEPO, or other blood doping agents, as a result of post-race blood sample testing (on race days) conducted pursuant to other provisions of this chapter

(a) The presence of Erythropoietin (Epogen, EPO), DarbEPO or other blood doping agents in the racehorse is deemed adverse to the bests interests of thoroughbred racing, and adverse to the best interests of the racehorse in that such condition alters its normal physiological state. Accordingly, in addition to such substances being prohibited from being present in the body of a racehorse on race day pursuant to 13:70-14A.1 and 14A.4, and in addition to elevated titers of anti-recombinant human EPO antibodies being prohibited from being present in the body of a racehorse on race day pursuant to 13:70-14A.12, the presence of Erythropoietin (Epogen, EPO), DarbEPO, or other blood doping agents in any racehorse under the trainership of any licensed New Jersey trainer is hereby prohibited at any location and at anytime, including days where a race horse is neither entered to or scheduled to participate in a race.

(b) Racing Commission representatives may, without prior notice, appear upon off-track stabling facilities and permitted racetrack facilities subject to its jurisdiction in furtherance of out-of-competition testing, that is, for the purpose of taking blood samples from racehorses on race days (pre-race) or on non-race days to test such samples (on the same date the sample is taken, or on a subsequent date) for the presence of Erythropoietin (Epogen, EPO), DarbEPO, or other blood doping agents. Upon arrival at such premises and if present, the Racing Commission representative shall advise the facility's owner, and the trainer of the racehorse or racehorses from which blood samples are to be taken, of its purpose. Additionally, the Racing Commission State Steward may require that any New Jersey licensed trainer stabled within New Jersey, at his or her cost, produce at a permitted New Jersey racetrack (as designated by the State Steward), and within 24 hours of a State Steward request, any racehorse under his or her custody and control for out-of-competition testing. Additionally, the State Steward may require that any New Jersey licensed trainer stabled outside this State, at his or her cost, produce at a permitted New Jersey racetrack (as designated by the State Steward), and within 48 hours of a State Steward request, any racehorse under his or her custody and control (which racehorse or racehorses competed in New Jersey in the same calender year of the request, or which racehorse was intended or is intended to compete in New Jersey in the calender year of the request), for out-of-competition testing. The State Steward may, in his or her discretion, and for good cause shown, extend these time frames for a trainer's requested production of the horse at a permitted New Jersey racetrack. In the event of the failure of any licensed New Jersey trainer or agent thereof to timely produce a racehorse for out-of-competition testing at a permitted racetrack facility as requested by the State Steward, or in connection with the Racing Commission's appearance on a premises subject to its jurisdiction for such purpose, the penalties set forth in (e) below shall be imposed upon the trainer and any responsible person where said failure to produce the horse is due to non-cooperation. Also, in the event of such non-production of a horse due the non-cooperation of the trainer and any other responsible person, the ineligibility restrictions as to the racehorse subject of the request for production, as set forth in (f) below, shall be imposed.

(c) In the event of a positive test for the presence of Erythropoietin (Epogen, EPO), DarbEPO, or other blood doping agent, as a result of out-of-competition testing, the following actions shall be taken by the Racing Commission Board of Stewards:

1. They shall authorize a search of the New Jersey premises occupied by the stable pursuant to 13:70-14A.5;

2. They shall cause the horse to be immediately placed on the Veterinarian's list pursuant to 13:70-19.36 (thereby rendering the horse ineligible to compete), pending the conduct of a hearing by the Board of Stewards;

3. The owner and trainer of the horse shall be notified in writing by the Board of Stewards, by personal service or by mail sent to the address listed in their respective applications on file with the Racing Commission, of the initial out-of-competition testing result and of the horse's placement on the Veterinarian's list pending the conduct of a hearing by the Board of Stewards. The writing shall further set forth, in a designated space, the date it was mailed or personally served by the Board of Stewards; and

4. The Board of Stewards shall schedule a hearing, by written notice to the trainer and any other responsible person, which hearing notice sets forth the alleged violations of the Racing Commission's rules, as well as the date and time of the hearing. The hearing notice may be incorporated into the written notice provided pursuant to (c)3 above. Where the owner of the horse is not a subject of the hearing, the owner shall be provided a copy of the notice of hearing as an interested party. The written notice of hearing shall be by personal service or by mail sent to the address listed in their respective applications on file with the Racing Commission.

(d) In the event a violation of this section is determined, following the conduct of a hearing by the Board of Stewards pursuant to (c)4 above, the trainer of the horse subject of the violation shall, within five days of the issuance of the related ruling, provide the State Steward with $ 2,000 as reimbursement to the Racing Commission for the administrative and testing costs associated with the initial positive test. In the event the positive test result finding is appealed, and in the event such appeal results in a final determination that no violation was committed, the $ 2,000 shall then be returned to the trainer.

(e) In the event a violation of this section is determined, following the conduct of a hearing by the Board of Stewards pursuant to (c)4 above, the license of the trainer, as the absolute insurer of the horse pursuant to 13:70-14A.6, and any other responsible person, shall be suspended by the Board of Stewards for 10 years for a first violation. In addition, said trainer and any other responsible person shall be fined $ 50,000 for a first violation, and shall be prohibited from appearing upon or at any premises subject to the Racing Commission's jurisdiction for the 10-year license suspension period. For a second violation, the penalty of license revocation shall be imposed. A person whose license has been revoked, as a result of a violation of this section, shall permanently be prohibited from licensure in any capacity and from appearing upon or at any premises subject to the jurisdiction of the Racing Commission. Where a violation of this section is determined, the ineligibility period as to the horse, as set forth in (f) below, shall also be imposed by the Board of Stewards. Such ineligibility period shall be calculated to begin running on the date the horse was placed on the Veterinarian's list pursuant to (c)2 above. Where no violation is determined, as a result of the conduct of a hearing by the Board of Stewards, the horse shall be promptly removed from the Veterinarian's list and shall then be eligible to compete in racing.

(f) In the event a violation of this section is determined, following the conduct of a hearing by the Board of Stewards pursuant to (c)4 above, a horse determined to test positive for the presence of Erythropoietin (Epogen, EPO), DarbEPO, or other blood doping agent shall be ineligible to compete in racing in this State for a period of 120 days. Following said 120-day period of ineligibility, the horse which tested positive shall continue to be ineligible to compete in racing in this State until: following a written request to the Racing Commission State Steward by the owner or trainer of the horse and the production of that horse for testing (at cost to the requesting party and at a location determined by the State Steward) accompanied by a $ 2,000 payment for administrative and testing costs payable to the Racing Commission, the horse is determined by the Racing Commission to test negative for the presence of Erythropoietin (Epogen, EPO), DarbEPO, or other blood doping agents; and said horse is determined by the Racing Commission to test negative for elevated titers of anti-recombinant human EPO antibody, pursuant to the testing methodology set forth at 13:70-14A.12. Where such testing results in a determination that the horse either tests positive for presence of Erythropoietin (Epogen, EPO), DarbEPO, or other blood doping agent, or for elevated titers of anti-recombinant human EPO antibody, the owner or trainer may not request that the horse be retested until 21 days following the date of the last positive retest as reported to the Racing Commission by the Racing Commission's Equine Testing Laboratory. In the event of any such retest, and subject to payment of the requisite administrative and testing costs (that is, $ 2,000) to the Racing Commission, the horse shall be retested for the presence of Erythropoietin (Epogen, EPO), DarbEPO, or other blood doping agents, and for elevated titers of anti-recombinant human EPO antibody.

(g) A horse which tests positive for the presence of Erythropoietin (Epogen, EPO), DarbEPO or other blood doping agent, as a result of out-of-competition testing, remains subject to the requirements of (f) above despite its being sold, or otherwise transferred.

(h) The split sample testing provisions of N.J.A.C. 13:70-14A.4shall be applicable to the out-of-competition testing authorized pursuant to this section.

(i) Nothing contained in this section shall be construed to disallow the Racing Commission to conduct post-race blood testing (that is, sampling of a horse's blood on race day following the race, for testing on that same date or on a subsequent date) for Erythropoietin (Epogen, EPO), DarbEPO, or other blood doping agents, pursuant to post-race testing otherwise authorized by this chapter. See 13:70-14A.4. In the event of a positive test for the presence of Erythropoietin (Epogen, EPO), DarbEPO, or other blood doping agent, as a result of post-race testing, the procedures set forth in (c) above, as well as the provisions of (d) though (f) above, shall apply and the penalties, testing costs and horse ineligibility criteria set forth in this section shall therefore be imposed. In the event of such a positive, determined as a result of post-race testing, any purse won by the offending horse shall be forfeited pursuant to 13:70-14A.7.

N.J. Admin. Code § 13:70-14A.13

Amended by 50 N.J.R. 1900(a), effective 8/20/2018