N.J. Admin. Code § 13:70-14A.15

Current through Register Vol. 56, No. 8, April 15, 2024

Section 13:70-14A.15 - Post-race blood gas testing program; pre-race guarded quarantine

(a) Where a trainer, during any 12-month period, has had any single horse under his or her custody, care and control test equal to or in excess of the total carbon dioxide level (TCO<2>) set forth in 13:70-14A.14(a), and where the level of TCO<2> has not been determined as physiologically normal for the horse in such instance pursuant to 13:70-14A.14(c), that horse subsequently scheduled to participate in a race under the custody, care and control of said trainer shall be placed under pre-race guarded quarantine. The track association sponsoring the race shall make such pre-race guarded quarantine available, at the sole expense of the trainer, for a length of time to be determined by the stewards but in no event less than six hours prior to the start of the first race of the program.

1. Any pre-race guarded quarantine required by this subsection shall continue as to the affected horse for six months following the date of the order of quarantine, regardless of whether the horse is transferred to a new bona fide trainer.

(b) Where a trainer, during any 12-month period, has had any horse or horses under his or her custody, care and control test equal to or in excess of TCO<2> level set forth in 13:70-14A.14 on two occasions, and where the said level of TCO<2> has not been determined as physiologically normal for the horse in either of such instance, all horses subsequently scheduled to participate in a race under the custody, care and control of that trainer shall be placed under pre-race guarded quarantine. The track association sponsoring the race shall make such pre-race guarded quarantine available, at the sole expense of the trainer, for a length of time to be determined by the stewards but in no event less than six hours prior to the start of the first race of the program.

1. Any pre-race guarded quarantine required by this subsection shall continue as to the affected trainer for eight months following the date of the second order of quarantine of a horse or horses under his or her custody, care and control. However, if during the eight-month period any additional horse under the custody, care and control of the trainer is determined to have an excessive TCO<2> level in accord with 13:70-14A.14, and where the level of TCO<2> has not been determined as physiologically normal for the horse, the stewards shall order that the eight-month pre-race guarded quarantine period as to all of the trainer's horses be extended for a length of time which they deem appropriate. Any horses under the custody, care and control of the trainer at the time the trainer experienced the excessive TCO<2> level, which are transferred to a new bona fide trainer (with the exception of the particular horse or horses which experienced the excessive TCO<2> level), shall not be subject to such pre-race quarantine once under the custody, care and control of the new trainer. However, the trainer whose horse actually experienced the excessive TCO<2> level who is subject of the pre-race quarantine order for all of his or her horses shall be required to have all of his or her horses submit to pre-race quarantine for the period ordered, regardless of when said trainer acquired or acquires his or her horses, which pre-race quarantine shall not be imposed at the same time the trainer is serving the license suspension imposed pursuant to 13:70-14A.14(b)1.

(c) Where a single horse, during any 12-month period, is determined to have an excessive TCO<2> level in accord with 13:70-14A.14, and where the level of TCO<2> has not been determined as physiologically normal for the horse, the horse shall be placed under pre-race guarded quarantine even where the horse has been transferred to a new trainer. The track association sponsoring the race shall make such pre-race guarded quarantine available, at the sole expense of the current trainer, for a length of time to be determined by the stewards but in no event less than six hours prior to the start of the first race of the program.

1. Any pre-race guarded quarantine required by this subsection shall continue as to the affected horse for six months following the date of the order of quarantine. However, where during the pendency of such six-month period the horse is under the custody, care and control of the new trainer and the horse is again determined to exhibit an excessive TCO<2> level in accord with 13:70-14A.14, and where the level of TCO<2> has not been determined as physiologically normal for said horse, the stewards shall order that the six-month pre-race guarded quarantine period for the horse be extended for a length of time which they deem appropriate. Where such an event, during any 12-month period, constitutes the second incident of any horse or horses under the custody, care and control of the current trainer of said horse exhibiting an excessive TCO<2> level in accord with the procedures set forth in 13:70-14A.14, the provisions of (b) above shall apply as to that current trainer.

N.J. Admin. Code § 13:70-14A.15

New Rule, R.2007 d.330, effective 10/15/2007.
See: 39 N.J.R. 2596(a), 39 N.J.R. 4415(a).