California Code of Regulations › Title 4 - Business Regulations › Division 4 - California Horse Racing Board › Article 15 - Veterinary Practices › Section 1858 - Test Sample Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Blood
				and urine test samples shall be taken daily from the winner of every race, from
				horses finishing second and third in any stakes race with a gross purse of
				$75,000 or more, and from not less than six other horses designated for testing
				by the Equine Medical Director, the stewards or the official
				veterinarian.
(b) The Board may at
				any time on any date take official blood, urine or other biological samples, in
				accordance with Rules 1859 and 1859.1, from a horse to enhance the ability of
				the Board to enforce its medication and anti-doping rules.
(c) Every horse within the inclosure, every
				horse registered to race at an inclosure, every horse under the care or control
				of a licensed trainer, or owned by a licensed owner, or nominated, pre-entered
				or entered in any race that will be held within a licensed inclosure is subject
				to pre-race, post-race, and out-of-competition testing by the Board. No owner,
				trainer or other person having the care of a horse shall refuse to submit it
				for testing when directed by the Equine Medical Director, the Executive
				Director, the stewards or the official veterinarian.
(1) For the purposes of this regulation, a
				horse is "registered to race at an inclosure" when the horse's registration
				papers are on file with a racing association under the jurisdiction of the
				Board, and/or the horse has raced at a licensed inclosure within the previous
				twelve (12) months.
(2) A horse is
				"out of competition" when it is not entered in a race as defined in this
				Article. This regulation does not permit out of competition testing outside of
				a licensed inclosure on weanlings, yearlings, or any horse proven to be no
				longer engaged in horse racing unless such horse is entered in a horse sale
				authorized by the Board pursuant to Rule 1807. For purposes of this regulation,
				the following criteria may be used to prove that a horse is no longer engaged
				in horse racing:
(A) it is registered as
				retired with one of the breed registry organizations identified in Rule
				1402;
(B) it is not a breed of
				horse that races in California;
(C)
				it becomes breeding stock;
(D) it
				has suffered an injury, or been subject to a procedure, that renders the horse
				permanently unfit to participate in a race as determined by the Official
				Veterinarian or Equine Medical Director; or
(E) any other evidence is provided that
				proves the horse will no longer engage in racing in California as decided by
				the Equine Medical Director, the Executive Director, the stewards, or the
				official veterinarian.
(3) Persons who apply for and are granted a
				trainer or owner license shall be deemed to have given their consent, as a
				condition of licensure, for the Board and its representatives to access any
				location, whether inside or outside of a licensed inclosure, where a horse
				eligible for testing may be found for the purpose of collecting official
				out-of-competition test samples. Such consent, however, does not permit the
				Board or its representatives to search the premises when collecting a test
				sample from a horse not within a licensed inclosure. Licensees shall take any
				steps necessary to authorize access by Board representatives to any location
				where a horse eligible for testing is present, and no person shall knowingly
				interfere with or obstruct the collection of an official test
				sample.