(a) The administration of anabolic steroids
to horses that race shall be a prohibited practice except as authorized in (c)
below.
(b) Any horse entered to
start at a permitted race meet may be subjected to a blood and urine test in
order to identify the presence and/or levels of anabolic steroids.
(c) Test results identifying the presence of
boldenone, nandrolone, and testosterone shall not constitute a violation of
this section if the level of these permitted anabolic steroids test at or below
the following threshold levels in blood plasma:
Boldenone - 25 picograms/milliliter (25 pg/mL);
Nandrolone - Females and geldings: 25 picograms/milliliter
(25 pg/mL);
Testosterone - Intact male horses: 2,000 picograms/milliliter
(2,000 pg/mL);
Females and geldings: 25 picograms/milliliter (25 pg/mL)
(unless a female is in foal).
For the purposes of this section, "intact male horse" shall
mean a male horse that has not been gelded. Male horses other than geldings
shall be tested for nandrolone in urine only. See (d) below.
(d) Test results identifying the presence of
boldenone, nandrolone, and testosterone shall not constitute a violation of
this section if the level of these permitted anabolic steroids test at or below
the following threshold levels in urine:
Boldenone - Intact males: 15 nanograms/milliliter (15
ng/mL);
Females and geldings: 1 nanogram/milliliter (1 ng/mL)
Nandrolone - Intact males: 45 nanograms/milliliter (45
ng/mL);
Females and geldings: 1 nanogram/milliliter (1 ng/mL);
Testosterone - Females: 55 nanograms/milliliter (55 ng/mL)
(unless in foal);
Geldings: 20 nanograms/milliliter (20 ng/mL)
(e) Any blood or urine samples
containing one of the three anabolic steroids listed in (c) and (d) above that
quantitatively measures above the threshold levels shall constitute a violation
of this section. Any samples identifying the presence of more than one of the
three permitted anabolic steroids shall constitute a violation of this section
regardless of the threshold levels identified in the sample. Any samples
identifying the presence of one of the three permitted anabolic steroids, even
if it tests at or below the threshold level, shall constitute a violation of
this section if the samples also indicate the presence of any other anabolic
steroid.
(f) The split sample
testing procedures set forth in
N.J.A.C.
13:71-23.4 in connection with urine samples
shall be extended to apply to blood and/or urine samples taken in connection
with testing for anabolic steroids.
(g) The trainer is the absolute insurer of
the condition of all horses within his or her care and custody. For a first
violation of this section, the trainer's license shall be suspended for a
45-day period, he or she shall be ordered to pay an $ 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 of this section, the
trainer's license shall be suspended for a 90-day period, he or she shall be
ordered to pay a $ 2,500 fine and be denied the privileges of all grounds
subject to the jurisdiction of the Commission during the suspension period. For
a third violation of this section, the trainer's license shall be permanently
revoked and he or she shall be permanently denied the privileges of all grounds
subject to the jurisdiction of the Commission.
(h) In addition to the liability of the
trainer, any person licensed in any capacity by the Commission who is involved
in the administration of anabolic steroids to a horse who tests in violation to
this section shall be subject to the penalties up to or equal to penalties set
forth for trainers in (g) above. Persons not licensed by the Commission who
have been involved in the administration of anabolic steroids to a horse who
tests in violation of this section shall be subject to penalties as determined
by the Commission.
(i) The
Commission shall commence testing for anabolic steroids pursuant to this
section April 19, 2010. In recognition of the amount of time that horsemen may
need to "wash out" their horses in order to return their metabolisms to the
range of normal, the imposition of the penalties set forth in (f) and (g) above
will begin on August 18, 2010, with the following exception. Any horse which
tests in violation of the terms of this section between April 19, 2010 and
August 17, 2010, shall be disqualified from the race and denied the purse
money, which shall be redistributed consistent with
N.J.A.C.
13:71-23.7(b). Consistent
with (h) above, a horse that tests in violation of this section during the
"wash out" period, shall be declared ineligible to compete in any race in New
Jersey for a period of at least 30 days after the date upon which the samples
were taken. After the 30-day disqualification has been completed, no horse
shall be allowed to enter a race until such time as the owner or trainer makes
the horse available to the Commission for retesting and the samples taken are
in compliance with this section. The trainer or owner who submits the horse for
retesting shall bear all costs, as determined by the Executive Director, that
are related to the collection and testing of the samples taken.
(j) The trainer of a horse that was claimed
outside of the State of New Jersey or purchased in a private sale in any state
may request that the claimed horse be tested for the presence of anabolic
steroids prior to entering that horse to race in New Jersey. The trainer who
requests such testing shall bear all costs, as determined by the Executive
Director, that are related to the collection and testing of the blood and urine
samples consistent with (i) above. A horse that tests in violation of this
section shall be declared ineligible to compete in any race in New Jersey for a
period of at least 30 days after the date upon which the samples were taken.
After the 30-day disqualification has been completed, the horse shall not be
allowed to compete until such time as the trainer makes the horse available to
the Commission for retesting and the samples taken are in compliance with this
section. Any trainer who fails to request this testing prior to entering a
horse claimed outside of the State of New Jersey or purchased in a private sale
to race and the horse tests positive for the presence of anabolic steroids in
violation of this section, the trainer shall be liable for all penalties set
forth in this section.