Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 11 - MEDICATIONS, PROHIBITED SUBSTANCES AND TESTING › Section 017-11-3 - Collection and Analysis of Biological Samples

Current through 2024-29, July 17, 2024
1. For the purpose of determining the
				presence of any prohibited substance, the Department, at its discretion, may
				collect a biological sample from every winning horse in every race or
				performance against time. The Presiding Judge or a representative of the
				Department, at any race meeting, may order any other horse that has raced or
				that has been "declared in" to any race to have a biological sample taken for
				the purpose of determining the presence of any prohibited substance.
2. Pre-race testing may be conducted any time
				after the horse enters the paddock.
3. A Department representative or the
				Presiding Judge may order any horse designated for testing to be offered water
				in order to encourage a successful urine collection. Horses will be watered
				under supervision of the trainer and Department Veterinarian utilizing watering
				containers supplied by the trainer.
4.
State Testing Area
The following rules shall apply to a state testing
				  area.
A. Every owner, trainer, or
				authorized agent of an owner or trainer for any horse or horses programmed to
				race shall immediately, whenever provided for in Commission rules, submit the
				horse or horses to the Department Veterinarian for such examination or sampling
				as the Department Veterinarian may deem advisable.
B. The state testing area will be operated in
				accordance with Commission rules and supervised by Department
				representatives.
C. Unless
				otherwise directed by a Department representative, the winning horse, in every
				race and any other horse specified by the Presiding Judge or a Department
				representative, shall be taken by an owner, trainer or authorized agent of an
				owner or trainer to the state testing area immediately following the race.
				Horses may be held in the state testing area for up to one and one-half hours
				in order to obtain a biological sample. Compliance with this paragraph shall be
				the responsibility of the trainer. Failure to comply is a Level One violation
				of Commission rules.
D. A winning
				horse claimed in a race, and any other claimed horse specified for examination,
				must be taken to the state testing area by the former owner, trainer or that
				former owner or trainer's authorized agent and by the successful claimant.
The former owner, trainer or that former owner or trainer's
				  authorized agent and the successful claimant must be present to observe the
				  procedures and to sign for the biological sample or samples when taken from the
				  horse. The successful claimant must then receive the horse. The responsibility
				  for any violation(s) arising from the chemical analysis of samples taken from
				  the claimed horse, does not follow the claimant for the particular race, but
				  remains with the trainer of the horse at the time raced.
E. The horse shall remain in the state
				testing area until released by an authorized Department
				representative.
F. No stable
				equipment other than that necessary for washing off and cooling out will be
				permitted in the state testing area. The trainer or the trainer's authorized
				agent may perform the duties of bathing, cooling out and watering the
				horse.
G. An owner, trainer or
				authorized agent of a trainer of a horse in the state testing area may enter
				for the purpose of inspecting the horse after making it known to the person in
				charge of the testing area. If the service of a veterinarian is required, that
				service must be performed in the presence of the Department Veterinarian. No
				medications, whether topical, oral, or injectable, shall be administered in the
				state testing area, except as administered by the Department
				Veterinarian.
H. An owner, trainer
				or authorized agent of a trainer of any horse being tested must remain with the
				horse while the test sample is drawn and witness the sealing of the test sample
				and any split sample. Failure to do so is prima facie evidence that the trainer
				accepts the validity of the procedure and samples.