California Code of Regulations › Title 4 - Business Regulations › Division 4 - California Horse Racing Board › Article 15 - Veterinary Practices › Section 1859 - Taking, Testing and Reporting of Samples

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Urine,
				blood or other biological official test samples shall be taken under the
				direction of the official veterinarian, the Equine Medical Director or a person
				designated by the official veterinarian. All samples shall be taken in a
				detention area approved by the Board, unless it is an official
				out-of-competition test sample taken in accordance with Rule 1859.1, or the
				official veterinarian or the Equine Medical Director approves otherwise. The
				taking of any test sample shall be witnessed, confirmed or acknowledged by the
				owner or trainer of the horse being tested or his or her agent or employee, and
				may be witnessed by the owner, trainer or other person designated by them. All
				official test samples shall be sent to the official laboratory approved and
				designated by the Board, in such manner as the Board may direct. All required
				samples shall be in the custody of the official veterinarian, his or her
				assistants or other persons approved by the official veterinarian, from the
				time they are taken until they are delivered to the custody of the official
				laboratory.
(b) The Executive
				Director and the Equine Medical Director shall immediately be notified by the
				official laboratory of each finding that an official test sample contains a
				prohibited drug substance, as defined in this article. The official laboratory
				shall further provide all information and data on which the finding is based to
				the Equine Medical Director, and shall transmit its official report of the
				finding to the Executive Director within five working days after the initial
				notification is made.
(c) The Board
				has the authority to direct the official laboratory to retain and preserve by
				freezing samples for future analysis.
(d) The fact that purse money has been
				distributed prior to the issuance of a laboratory report shall not be deemed a
				finding that no drug substance prohibited by this article has been
				administered, in violation of these rules, to the horse earning such purse
				money.
1. Amendment
				  filed 12-15-80; effective thirtieth day thereafter (Register 80, No.
				  51).
2. Amendment adding subsection designations and new subsections
				  (b) and (c) filed 8-23-90; operative 9-22-90 (Register 90, No.
				  41).
3. Change without regulatory effect amending subsection (c)
				  filed 6-7-94 pursuant to title 1, section
				  100, California Code of Regulations
				  (Register 94, No. 23).
4. Amendment of section heading and
				  subsections (a)-(c) and (e) filed 10-25-94; operative 11-6-94 pursuant to
				  Government Code Section
				  11346.2(d)
				  (Register 94, No. 43).
5. Amendment of subsection (a), repealer of
				  subsection (b), subsection relettering and amendment of newly designated
				  subsection (b) filed 1-27-2010; operative 2-26-2010 (Register 2010, No.
				  5).
6. Amendment of subsection (a) filed 6-24-2019; operative
				  6-24-2019 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2019, No. 26).
Note: Authority cited: Sections
					 19420,
					 19440,
					 19562
					 and
					 19577,
					 Business and Professions Code. Reference: Sections
					 19401,
					 19440
					 and
					 19577,
					 Business and Professions Code.