205 CMR 3.34 - Environmental Contaminants and Substances of Human Use
(1) Environmental contaminants are either
endogenous to the horse or can arise from plants traditionally grazed or
harvested as equine feed or are present in equine feed because of contamination
during the cultivation, processing, treatment, storage or transportation
phases.
(2) Substances of human use
and addiction may be found in the horse due to its close association with
humans.
(3) If the preponderance of
evidence presented in the hearing shows that a positive test is the result of
environmental contamination, including inadvertent exposure due to human drug
use, or dietary intake, or is endogenous to the horse, those factors should be
considered in mitigation of any disciplinary action taken against the affected
trainer. Disciplinary action shall only be taken if test sample results exceed
the regulatory thresholds in the most recent version of the ARCI Endogenous,
Dietary, or Environmental Substances Schedule.
(4) The identification and adoption of these
uniform thresholds for certain substances shall not preclude an individual
jurisdiction from maintaining thresholds for substances not on this list which
predate the adoption of 205 CMR 3.34 in such jurisdiction.
Notes
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