N.J. Admin. Code § 13:71-23.3A

Current through Register Vol. 56, No. 18, September 16, 2024

Section 13:71-23.3A - Post-race blood gas testing program

(a) An excess level of total carbon dioxide (TCO2) in the race horse is deemed adverse to the best interests of harness racing, and adverse to the best interests of the horse in that such condition alters its normal physiological state. Accordingly, in compliance with the post-race testing program provisions of 13:71-23.4 and this section, on the date of the race and following a minimum one-hour standing at rest period for the horse subsequent to the conclusion of the race within which it competed, a State Veterinarian representing the Commission may obtain blood samples from the horse for the purpose of the testing of said samples by the Racing Commission laboratory for TCO2 level on a Clinical Auto Analyzer that applies an ion selective electrode method (ISE) for measuring TCO2 in blood. Where the TCO2 level, based upon such testing equals or exceeds the following levels, the judges shall order the relief authorized pursuant to (b) below:

1. Thirty-seven (37) or more millimoles per liter for those horses not competing on furosemide; and

2. Thirty-nine (39) or more millimoles per liter for those horses competing on furosemide.

(b) Where the TCO2 level in a horse is determined to equal or exceed the levels set forth in (a) above, and it is not determined that such TCO2 levels are physiologically normal for that particular horse pursuant to (c) below, the judges 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 13:71-23.6, 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 TCO2 level of the horse resulted from the administration of a drug or substance foreign to the horse in violation of 13:71-23.1 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; and

3. Disqualification and denial of purse with redistribution of any purse money due, pursuant to 13:71-23.7; and

4. Pre-race guarded quarantine pursuant to 13:71-23.3B.

(c) If the level of TCO2 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 judges within three calendar days of notification of the results that such levels are 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, the track association shall make such guarded quarantine available, for a period of time to be determined by the judges but in no event more than 72 hours, at the sole expense of the licensee requesting same. During any 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 judges 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 TCO2 set forth in (a) above is physiologically normal for that particular horse, the judges shall not order the relief set forth in (b) above and the horse shall be permitted to compete. In such case, the judges in their discretion may, at the sole expense of the track association, require that the horse re-establish that such TCO2 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, whether an employee of the Racing Commission or a track association, 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. For the purposes of this section, as well as 13:71-23.3B and 23.3C, a violation of this section on or after October 18, 1993 shall constitute a prior violation.

N.J. Admin. Code § 13:71-23.3A

New Rule, R.1993 d.174, effective 4/19/1993.
See: 25 New Jersey Register 269(a), 25 New Jersey Register 1775(b).
Amended by R.1997 d.127, effective 3/17/1997.
See: 29 New Jersey Register 95(a), 29 New Jersey Register 901(b).
Substantially amended section.