N.J. Admin. Code § 13:70-14A.12 - Anti-recombinant human EPO antibody testing program
(a) A
determination by the Racing Commission Equine Testing Laboratory that a
pre-race or post-race blood sample taken from a horse entered to start in a
race pursuant to
N.J.A.C.
13:70-14A.2 is positive for elevated titers
of anti-recombinant human EPO antibody, as a result of post-race testing
utilizing the anti-recombinant human EPO antibody test, shall result in the
following actions by the Racing Commission Board of Stewards:
1. The Racing Commission State Veterinarian
shall be notified of the name of the horse for placement on the Veterinarian's
list pursuant to
N.J.A.C.
13:70-19.36.
2. The Board of Stewards shall authorize a
search of the premises occupied by the stable involved pursuant to N.J.S.A.
13:70-14A.5.
3. Unless the Board of
Stewards determine otherwise as a result of a hearing requested pursuant to
(a)4 below, the horse shall not be permitted to enter a race or to race until
such time as the owner or trainer makes the horse available for retesting by
the Racing Commission pursuant to (b) below, and the testing results are
determined negative with the anti-recombinant human antibody test. In the event
retesting determines that the horse is negative with the anti-recombinant human
EPO antibody test, the Board of Stewards shall cause the horse to be removed
from the Veterinarian's list and the horse shall be eligible to enter races and
compete in races.
4. The owner and
trainer of the horse shall be notified by the Board of Stewards in writing of:
the initial positive test result for elevated titers of anti-recombinant human
EPO antibody; that a hearing will be afforded by the Board of Stewards,
following written request to them, at which hearing the owner and/or trainer of
the horse can challenge the validity of the positive test results of the Racing
Commission Equine Testing Laboratory; and that the horse is not permitted to
race until the terms of (b) below are satisfied, unless the results of any
requested hearing demonstrates to the satisfaction of the Board of Stewards
that the horse was negative for elevated titers of anti-recombinant human EPO
antibody as a result of the initial anti-recombinant human EPO antibody test.
In the latter case, the Board of Steward's shall remove the horse from the
Veterinarian's list and the horse shall be permitted to race.
(b) An owner or trainer whose
horse has tested positive for elevated titers of anti-recombinant human EPO
antibody may not request that its horse be retested until 21 days following the
date of the initial positive test as reported by the Racing Commission's Equine
Testing Laboratory. If any retest of the horse results in a Racing Commission
determination that the horse is or remains positive with the anti-recombinant
human EPO antibody test, the owner or trainer may not request that its horse be
retested again until 21 days following the date of the last positive retest as
reported by the Racing Commission's Equine Testing Laboratory. All requests
after the initial positive test for the retesting of a horse shall be in
writing and directed to the Board of Stewards, accompanied by a $50.00 payment
for administrative and testing costs. Following receipt of a timely request for
retesting, the production of the horse at a permitted racetrack premises in
this State approved by the Board of Stewards, and the receipt of the $50.00
retesting fee, the Board of Stewards shall direct the State Veterinarian to
take a blood sample from the horse for the purpose of retesting.
(c) Any horse claimed from a race pursuant to
N.J.A.C. 13:70-12, Claiming, shall have its blood tested for elevated titers of
anti-recombinant human EPO antibody. The successful claimant shall have the
option to void the claim should the claimed horse test positive with the
anti-recombinant human EPO antibody test.
(d) A horse which tests positive with the
anti-recombinant human EPO antibody test remains subject to the requirements of
this rule despite being sold, otherwise transferred, or claimed where the
claimant elects not to void the claim as authorized by (c) above.
(e) The split sample testing provision of
N.J.A.C.
13:70-14A.4(d), which is
limited to where testing is conducted on a horse's urine sample, shall not be
applicable to anti-recombinant human EPO antibody testing conducted pursuant to
this section.
Notes
See: 37 N.J.R. 3784(a), 38 N.J.R. 1322(a).
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