N.Y. Comp. Codes R. & Regs. tit. 9 § 4043.6

Current through Register Vol. 46, No. 39, September 25, 2024

Section 4043.6 - Erythropoietin and darbepoetin

(a) A finding by the laboratory that the antibody of erythropoietin or darbepoetin was present in the sample taken from a horse shall establish that the horse is unfit to race in any subsequent race, subject to the provisions of subdivision (b) of this section.

(b) Any horse that has been the subject of a finding by the laboratory that the antibody of erythropoietin or darbepoetin was present in the sample taken from that horse shall not be entered or allowed to race in any subsequent race until the horse has tested negative for the antibodies of erythropoietin or darbepoetin in a test conducted by the laboratory.

(c) Notwithstanding any inconsistent provision of this Part, a horse shall not be subject to disqualification from the race and from any share of the purse in the race, and the trainer of the horse shall not be subject to application of trainer's responsibility based upon the finding by the laboratory that the antibody of erythropoietin or darbepoetin was present in the sample taken from that horse.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4043.6