N.J. Admin. Code § 13:71-23.3B

Current through Register Vol. 56, No. 12, June 17, 2024

Section 13:71-23.3B - 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 (TCO2) set forth in 13:71-23.3A(a), and where the level of TCO2 has not been determined as physiologically normal for the horse in such instance pursuant to 13:71-23.3A(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 judges 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.

(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 TCO2 level set forth in 13:71-23.3A on two occasions, and where the said level of TCO2 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 judges 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 custody, care and control, and without regard to whether those horses have been transferred to a new trainer. 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 TCO2 level in accord with 13:71-23.3A, and where the level of TCO2 has not been determined as physiologically normal for the horse, the judges 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.

(c) Where a single horse, during any 12 month period, is determined to have an excessive TCO2 level in accord with 13:71-23.3A, and where the level of TCO2 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 judges 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 TCO2 level in accord with 13:71-23.3A, and where the level of TCO2 has not been determined as physiologically normal for said horse, the judges 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 TCO2 level in accord with the procedures set forth in 13:71-23.3A, the provisions of (b) above shall apply as to that current trainer.

N.J. Admin. Code § 13:71-23.3B

New Rule, R.1993 d.513, effective 10/18/1993.
See: 25 New Jersey Register 3427(a), 25 New Jersey Register 4751(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.
Petition for Rulemaking.
See: 34 New Jersey Register 1977(a), 3395(b), 3869(b).