California Code of Regulations › Title 4 - Business Regulations › Division 4 - California Horse Racing Board › Article 15 - Veterinary Practices › Section 1843 - Medication, Drugs and Other Substances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall be the intent of these rules to protect the
				  integrity of horse racing, to guard the health of the horse, and to safeguard
				  the interests of the public and the racing participants through the prohibition
				  or control of all drugs, medications and drug substances foreign to the horse.
				  In this context:
(a) No horse
				participating in a race shall carry in its body any drug substance or its
				metabolites or analogues, foreign to the horse except as hereinafter expressly
				provided.
(b) No drug substance
				shall be administered to a horse which is entered to compete in a race to be
				run in this State except for approved and authorized drug substances as
				provided in these rules.
(c) No
				person other than a licensed veterinarian or animal health technician shall
				have in his/her possession any drug substance which can be administered to a
				horse, except such drug substance prescribed by a licensed veterinarian for a
				specific existing condition of a horse and which is properly
				labelled.
(d) A finding by an
				official chemist that a test sample taken from a horse contains a drug
				substance or its metabolites or analogues which has not been approved by the
				Board, or a finding of more than one approved non-steroidal, anti-inflammatory
				drug substance, or a finding of a drug substance in excess of the limit
				established by the Board for its use shall be prima facie evidence that the
				trainer and his/her agents responsible for the care of the horse has/have been
				negligent in the care of the horse and is prima facie evidence that the drug
				substance has been administered to the horse.
(e) Nothing in this Article shall prevent a
				racing association or fair from setting eligibility conditions, as agreed to
				with the acknowledged horsemen's organization(s), for individual races, or for
				its entire race meet, that prohibit the use and/or presence of drug substances
				or medications in biological test samples collected from participating horses
				at detection levels lower than what is authorized by the Board. Such
				conditions, if established in accordance with Rule 1581, shall not be deemed in
				conflict with the rules and regulations of the Board.
1. Repealer
				  and new section filed 10-29-81; effective thirtieth day thereafter (Register
				  81, No. 44).
2. Amendment of section heading, text and NOTE filed
				  8-19-92; operative 9-18-92 (Register 92, No. 34).
3. New subsection
				  (e) filed 7-25-2016 as an emergency; operative 7-25-2016 (Register 2016, No.
				  31). A Certificate of Compliance must be transmitted to OAL by 1-23-2017 or
				  emergency language will be repealed by operation of law on the following
				  day.
4. New subsection (e) refiled 1-23-2017 as an emergency;
				  operative 1-23-2017 (Register 2017, No. 4). A Certificate of Compliance must be
				  transmitted to OAL by 4-24-2017 or emergency language will be repealed by
				  operation of law on the following day.
5. New subsection (e) refiled
				  4-20-2017 as an emergency; operative 4-24-2017 (Register 2017, No. 16). A
				  Certificate of Compliance must be transmitted to OAL by 7-24-2017 or emergency
				  language will be repealed by operation of law on the following
				  day.
6. Certificate of Compliance as to 4-24-2017 order, including
				  amendment of subsection (e), transmitted to OAL 6-13-2017 and filed 7-26-2017;
				  amendments effective 7-26-2017 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2017, No. 30).
Note: Authority cited: Sections
					 19440,
					 19580,
					 19581
					 and
					 19582,
					 Business and Professions Code. Reference: Sections
					 337(f), (g), and
					 (h), Penal Code; and Sections
					 19401,
					 19440,
					 19580,
					 19581
					 and
					 19582,
					 Business and Professions Code.