Current through Register Vol. 56, No. 7, April 1, 2024
Section 13:70-14A.14 - Post-race blood gas testing program(a) An excess level of total carbon dioxide (TCO<2>) in the race horse is deemed adverse to the best interests of thoroughbred racing, and adverse to the best interests of the horse in that such condition alters its normal physiological state. Accordingly, a State Veterinarian representing the Commission may obtain blood samples in compliance with post-race testing provisions of 13:70-14A.4 and this section, from the horse for the purpose of the testing of said samples by the Racing Commission laboratory for a TCO<2> level on a clinical auto analyzer that applies an ion selective electrode method (ISE) for measuring TCO<2> in blood. Where the TCO<2> level, based upon such testing, equals or exceeds 37 or more millimoles per liter (37 mmole/L), the stewards shall order the relief authorized pursuant to (b) below.(b) Where the TCO<2> level in a horse is determined to equal or exceed the level set forth in (a) above, and it is not determined that such a TCO<2> level is physiologically normal for that particular horse pursuant to (c) below, the stewards shall order the following relief:1. The trainer, as the absolute insurer of the horse responsible for the condition of a horse within his or her care and custody pursuant to 13:70-14A.6, shall for a first violation have his or her license suspended for a 75-day period, be ordered to pay a $ 1,000 fine and be denied the privileges of all grounds subject to the jurisdiction of the Commission during the suspension period. For a second violation, the license of the trainer shall be ordered suspended for a 180-day period, a $ 2,500 fine shall be ordered and the trainer shall be denied the privileges of all grounds subject to the jurisdiction of the Commission during the suspension period. For a third or subsequent violation, the license of the trainer shall be ordered suspended for a minimum of one year to a maximum of licensure revocation, a $ 5,000 fine shall be ordered and the trainer shall be denied the privileges of all grounds subject to the jurisdiction of the Commission during the suspension period. The licensure suspension aspect of these penalties shall be increased by a minimum of two years where evidence independent of the testing demonstrates that the excessive TCO<2> level of the horse resulted from the administration of a drug or substance foreign to the horse in violation of 13:70-14A.1 and that such foreign substance was administered nasogastrically or orally, using a tubing device, jug or by any intravenous means;2. In addition to the liability of the trainer as set forth in (b)1 above, any additional persons responsible shall be subject to the penalties set forth in (b)1 above;3. Disqualification and denial of purse with redistribution of any purse money due, pursuant to 13:70-14A.7; and4. Pre-race guarded quarantine pursuant to 13:70-14A.15.(c) If the level of TCO<2> is determined to equal or exceed those set forth in (a) above, and the licensed owner or trainer of that horse contends in writing to the stewards within three calendar days of notification of the results that such a level is physiologically normal for the particular horse, said licensee may by such writing request that the horse be held in guarded quarantine. In the event so requested, and in the event the requesting licensee satisfies its burden of producing the horse for such purpose, the track association shall make such guarded quarantine available, for a period of time to be determined by the stewards but in no event more than 72 hours, at the sole expense of the licensee requesting same. In the event the requesting licensee fails to timely request guarded quarantine or fails to produce the horse for such purpose, the Commission's post-race TCO<2> testing results for the horse shall be final and conclusive. During any guarded quarantine, the horse shall be re-tested periodically and, although the horse may not race during such quarantine period, it may be exercised and trained at times prescribed by the track association and consistent with the ability to monitor the horse, take blood samples from the horse and test those blood samples of said horse. If the stewards are satisfied, on the basis of the evident facts, the quarantine and the testing of the horse's blood during the quarantine period utilizing the Clinical Auto Analyzer, that the level of TCO<2> set forth in (a) above is physiologically normal for that particular horse, the stewards shall not order the relief set forth in (b) above and the horse shall be permitted to compete. In such case, the stewards in their discretion may, at the sole expense of the track association, require that the horse re-establish that such TCO<2> level is physiologically normal to it pursuant to the quarantine procedure set forth in this subsection but no sooner than 45 days after the last quarantine period for the purpose of such re-establishment.(d) All persons participating in any blood gas testing program or quarantine process as described in this section shall act at the direction of the Commission representative as designated by the Commission or its Executive Director. The taking of blood samples from a horse, as authorized by this section for the purpose of testing on the clinical auto analyzer, shall be additional to and not in lieu of, any other sampling or testing of blood or urine authorized by this chapter. The split sample provisions of N.J.A.C. 13:70-14A.4(d) and (e) shall apply to blood samples taken from horses pursuant to this TCO testing methodology.