reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.13 - General Rules

Current through Register 1525, July 5, 2024
(1) The definitions
			 and interpretations of racing terms, heretofore set forth as well as the
			 Foreword are to be considered in connection with
			 205 CMR
			 4.00 and as part of them.
(2) All owners and trainers of horses and
			 their stable employees are subject to M.G.L. c. 128A and
			 205 CMR
			 4.00 immediately upon acceptance and occupancy of
			 stabling accommodations from or approved by an Association or upon making entry
			 to run on its track.
(3) Owners,
			 trainers and stable employees shall abide by M.G.L. c. 128A and
			 205 CMR
			 4.00 and accept the decision of the Stewards on any
			 and all questions to which their authority extends, subject to their right of
			 appeal to the Commission.
(4) Every
			 person participating in and every patron of a licensed Race Meeting shall abide
			 by M.G.L. c. 128A and
			 205 CMR
			 4.00, and accept the Stewards' decisions on any and
			 all questions to which their authority extends, subject to the right of appeal
			 to the Commission.
(5)
Safety Equipment
.
(a) Any person mounted on a horse or stable
			 pony on association grounds must wear a properly secured safety helmet at all
			 times. Additionally, all members of the starting gate crew must adhere to this
			 regulation at all times while performing their duties or handling a horse. For
			 the purpose of 205 CMR 4.13(5)(a), a member of the starting gate crew means any
			 person licensed as an assistant starter or any person who handles a horse in
			 the starting gate. The helmet must comply with one of the following minimum
			 safety standards: American Society for Testing and Materials
(ASTM
			 1163);
UK Standards
(EN-1384
and
PAS-015);
or Australian/New Zealand Standard
(AS/NZ
			 3838).
(b) Any person
			 mounted on a horse or stable pony on the association grounds must wear a
			 properly-secured safety vest at all times. Additionally, all members of the
			 starting gate crew must also adhere to 205 CMR 4.13(5)(b) at all times while
			 performing their duties or handling a horse. For the purpose of 205 CMR
			 4.13(5)(b), a member of the starting gate crew means any person licensed as an
			 assistant starter or any person who handles a horse at the starting gate. The
			 safety vest must comply with one of the following minimum standards: British
			 Equestrian Trade Association
(BETA):2000 Level
1; Euro Norm
(EN) 13158:2000 Level 1;
American Society for Testing and
			 Materials
(ASTM) F2681-08
or
F1937;
Shoe and
			 Allied Trade Research Association (SATRA)
Jockey Vest Document M6 Issue
			 3;
or Australian Racing Board
(ARB) Standard
			 1.1998.
(c) A safety
			 helmet or a safety vest shall not be altered in any manner nor shall the
			 product marking be removed or defaced.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.14 - Handicapper

Current through Register 1525, July 5, 2024
(1) The Handicapper, who may be the racing
			 secretary, shall assign the weights to be carried by each horse in the
			 handicap.
(2) The Handicapper shall
			 append to the weights for every handicap the day and hour from which winners
			 will be liable to weight penalty.
(3) If there are no penalties that fact shall
			 be appended to the weights. No alteration of weights shall be made after
			 publication.
(4) In case of
			 omission, through error, of the name or weight of a horse duly entered, the
			 Handicapper shall rectify the omission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.15 - Jockey

Current through Register 1525, July 5, 2024
(1)
Eligibility
.
(a) No person younger than 18 years old shall
			 be licensed by the Commission as a jockey, except persons who have been
			 licensed by this or other recognized Commission prior to April 12,
			 2013.
(b) A jockey shall pass a
			 physical examination given within the previous 12 months by a licensed
			 physician affirming fitness to participate as a jockey. The stewards may
			 require that any jockey be reexamined and may refuse to allow any jockey to
			 ride pending completion of such examination.
(c) An applicant shall show competence by
			 prior licensing and the demonstration of riding ability, which may include
			 participation in up to five races with the prior approval of the stewards with
			 the consideration of the recommendations from the starter, the head outrider,
			 and the designated representatives of the jockeys and the horsemen at the
			 track. The demonstration of riding ability is defined at a minimum of:
1. Breaking with a horse in company from the
			 starting gate;
2. Working a horse
			 in company around the turn and down the stretch;
3. Switching the riding crop from one hand to
			 the other while maintaining control of the horse in a stretch drive;
4. Causing a horse to switch leads coming out
			 of the turn.
(d) A
			 jockey shall not be an owner or trainer of any horse competing at the race
			 meeting where the jockey is riding.
(e) A person whose weight exceeds 130 pounds
			 at the time of application shall not be licensed as a jockey.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.17 - Jockey Apprentices

Current through Register 1525, July 5, 2024
(1) Any person 18
			 years of age or older, who has never previously been licensed as a jockey in a
			 country, and who has of his or her own free will and if under age, with the
			 written consent to his or her parents or guardian, bound himself or herself to
			 an owner or trainer for a term of not less than three nor more than five years
			 (subject to written extension if made for less than five years) by written
			 contract approved by and filed with the Massachusetts Gaming Commission, and
			 after at least one year of service with a racing stable, may claim in all
			 overnight races, except handicaps, the following allowances:
(a) An apprentice shall ride with a
			 five-pound allowance beginning with his or her first mount. The apprentice
			 shall continue to ride with this allowance for one full year from the date of
			 his or her fifth winning mount. If after riding one full year from the date of
			 his or her fifth winning mount, the apprentice has failed to ride a total of 40
			 winners from the date of his or her first winning mount, he or she shall
			 continue to ride with a five-pound weight allowance for one more year from the
			 date of his or her fifth winning mount or until he or she has ridden a total of
			 40 winners, whichever comes first.
(b) After the completion of the conditions in
			 205 CMR 4.17(1)(a), for one year the apprentice may claim three pounds when
			 riding horses owned by his or her original contract employer provided the
			 contract has not been permanently transferred or sold since he or she rode his
			 or her first winner.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.19 - Jockey Room Custodian

Current through Register 1525, July 5, 2024
(1) It shall be the
			 duty of the jockey room custodian to see to it that order, decorum and
			 cleanliness are maintained in the jockey and scale rooms.
(2) The custodian shall assist the clerk of
			 the scales in any way that official requires.
(3) The Commission shall see to it that no
			 person, other than jockeys who have engagements for the day, racing officials,
			 the Commission and the necessary jockey room attendants, is admitted to the
			 jockey room after 12:00 P.M. on a race day without consent of the Stewards for
			 each time of entry.
(4) The
			 custodian shall oversee the care and storage of all racing colors.
(5) The custodian shall oversee the jockey
			 attendants and arrange their rotation among jockeys in the matter of weighing
			 out.
(6) The custodian shall see to
			 it that no jockey attendant not licensed by the Association is permitted to
			 assist any jockey at any time.
(7)
			 The custodian shall report to the Stewards any irregularities that occur in his
			 province.
(8) The Custodian shall
			 see to it that jockeys are neat in appearance and attired in keeping with
			 205 CMR
			 4.00 when they leave the rooms to ride in a
			 race.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.22 - Naming of Jockeys

Current through Register 1525, July 5, 2024
(1) Jockeys shall
			 be named not later than scratch time of the day of the race.
(2) Any subsequent change of a jockey must be
			 sanctioned by the Stewards and must be promptly and publicly posted and
			 announced.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.23 - Owner

Current through Register 1525, July 5, 2024
(1) Each owner holding a beneficial interest
			 of 20% or more in a horse must obtain a license from the Commission. If the
			 owners are husband and wife, and their total beneficial interest is 20% or more
			 in a horse, then they must both obtain a license from the Commission.
(2) An owner shall not enter or start a horse
			 that:
(a) is not in servicably sound racing
			 condition;
(b) has been trachea
			 tubed;
(c) has been nerved at or
			 above the ankle;
(d) has been
			 nerved or had cryosurgery performed on a nerve, except that horses that have
			 had a neurectomy or cryosurgery performed on the posterior digital nerve below,
			 and not at, the fetlock of one or more feet may be permitted to race;
(e) is blind or whose vision is seriously
			 impaired in both eyes. A horse blind in one eye may start only if the other eye
			 has normal vision;
(f) does not
			 comply with M.G.L. c. 129, § 44 and
			 330 CMR
			 16.05:
Prevention and Suppression of
			 Equine Infectious Anemia.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.24 - Paddock Judge

Current through Register 1525, July 5, 2024
(1) It shall be the
			 duty of the paddock judge to check all contestants for each and every race and
			 to have all horses properly identified.
(2) The paddock judge shall keep a record of
			 all equipment carried by all horses in all races under his or her jurisdiction,
			 permitting no change in equipment not authorized by the Stewards.
(3) The paddock judge shall, in each race,
			 require the plater in attendance in the Paddock to see to that all horses are
			 properly shod. The paddock judge shall report immediately to the Stewards the
			 findings of the plater.
(4) The
			 paddock judge shall report any irregularities to the Stewards.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.26 - Partnerships

Current through Register 1525, July 5, 2024
(1) Each and every partnership must be
			 registered with the Commission. Every member of the partnership with a
			 beneficial interest of 20% or more shall be licensed. Every member of the
			 partnership with a beneficial interest of less than 20% shall not be licensed
			 unless they establish a
bona fide
need for the license and the
			 issuance of the license shall be approved by the stewards.
(2) Partnership papers shall, among other
			 things, set forth the following:
(a) the name
			 and address of each and every person having an interest in the horse or horses
			 involved;
(b) the relative
			 proportions of such interests;
(c)
			 to whom the winnings are payable;
(d) in whose name the horse or horses shall
			 run;
(e) with whom the power of
			 entry and declaration rests;
(f)
			 the terms of any contingency, lease or any other arrangement.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.27 - Patrol Judges

Current through Register 1525, July 5, 2024
The patrol judge, when utilized, is responsible for observing
				the race and reporting information concerning the race to the stewards. If the
				track's video replay system is deemed adequate, use of patrol judges is
				optional.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.28 - Placing Judges

Current through Register 1525, July 5, 2024
(1) Three Placing
			 Judges shall occupy the Placing Judges' Stand during each and every race, and
			 their duty shall be to place and record the complete order of finish in each
			 race.
(2) The placing Judges shall
			 properly display the numbers of the first four horses in each race in the order
			 of their finish.
(3) When the
			 Placing Judges differ in their placing the majority shall prevail.
(4) The Placing Judges shall make public
			 their decision as promptly as possible.
(5) If it is considered advisable to consult
			 a picture from the finish camera, the Placing Judges shall post, without
			 waiting for a picture, such placements as are in their opinion unquestionable,
			 and, after consulting the picture, make the other placements.
(6) The Judges may call for a picture from
			 the photo-finish camera to aid them in arriving at a decision. However, in all
			 cases the camera is merely an aid and the decision of the Judges shall be
			 final.
(7) In determining the
			 places of the horses at the finish of a race, the Placing Judges shall consider
			 only the relative position of the respective noses of such horses.
(8) Upon receipt of such notice the Stewards
			 shall promptly display the sign "official."
(9) There shall be no alteration of placement
			 after the sign "official" has been purposely displayed, except as in outlined
			 in
			 205 CMR
			 6.04(4).
(10) The Placing Judges shall each day file
			 with the Commission a copy of the official placement of the first six horses in
			 each race of that day, and shall supply to other officials such information in
			 respect to the racing as the Association may require.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.29 - Postponement and Cancellation of Races

Current through Register 1525, July 5, 2024
(1) If the
			 whole or a part of a racing program is abandoned any purse race involved must
			 be declared off.
(2) If the whole
			 or a part of a racing program is abandoned any stake race involved may be
			 postponed or declared off.
(3) If a
			 stake race is declared off, all subscriptions and fees paid in connection with
			 that race shall be refunded.
(4)
			 Public notice shall be given at the earliest practicable time if a published
			 race is declared off.
(5) No race
			 that has closed with sufficient entries shall be declared off except by the
			 Stewards.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.30 - Racing Officials

Current through Register 1525, July 5, 2024
(1) Officials at a
			 race meeting include the following:
(a)
			 stewards;
(b) racing
			 secretary;
(c) horsemen's
			 bookkeeper;
(d) paddock
			 judge;
(e) horse
			 identifier;
(f) clerk of
			 scales;
(g) outrider;
(h) starter;
(i) timer/clocker;
(j) patrol judge, absent video replay
			 equipment;
(k) placing
			 judge;
(l) official
			 veterinarian;
(m) racing
			 veterinarian; and
(n) any other
			 person so designated by the Commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.31 - Racing Secretary

Current through Register 1525, July 5, 2024
(1) The racing
			 secretary or his or her deputy shall discharge all duties of his or her office
			 expressed or implied, as required by
			 205 CMR
			 4.00.
(2)
			 A list of nerved horses approved by the official veterinarian for racing shall
			 be conspicuously posted in the racing secretary's office.
(3) The racing secretary shall compile an
			 official program for each racing day, which shall state the time for the first
			 race and give the names of the horses which are to be run in each of the races
			 of the day.
(4) The program shall
			 indicate the order in which each race is to be run; the purse, conditions and
			 distance of each race; the owner, trainer and jockey of each horse; each
			 owner's racing colors; the weight assigned to each horse; his or her name,
			 number and post position, color, sex, age and breeding. The names of the
			 members of the Commission, Commission officials and all racing officials shall
			 be printed on the program. The program may show other pertinent data.
(5) The racing secretary shall keep a
			 complete record of all races.
(6)
			 The racing secretary shall receive all entries and declarations, and he or she
			 or any other person designated by the Association may receive all stakes,
			 forfeits, entrance monies, fees (including jockey's fees) purchase money in
			 claiming races and all other money that can properly come into possession as
			 agent for the Association for which he or she is acting.
(7) The racing secretary shall pay over when
			 due, all monies collected by him or her to such persons as may be entitled to
			 receive it.
(8) The racing
			 secretary shall, in the interest of racing, keep himself or herself thoroughly
			 informed concerning such arrears as may be authoritatively listed or reported
			 for recognized meetings, using such list as a means of eliminating undesirable
			 people from racing. The lists shall be compiled and kept accessible at all
			 times to other officials of the race meeting, as shall all other information in
			 his or her possession that is required for the conduct of the
			 meeting.
(9) The racing secretary
			 shall have the right to inspect any trainer's or jockey's license, partnership
			 papers, all papers and documents with respect to a contract between a jockey
			 and his employer, or employers; and papers relating to the appointment of
			 authorized agents; jockey agents, or to the adoption of colors or to stable
			 names.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.34 - Steeplechasing

Current through Register 1525, July 5, 2024
(1) Steeplechases shall be conducted in
			 conformity with
			 205 CMR
			 4.00 established in so far as they can be consistently
			 applied. To the extent that they cannot so be applied, modification thereto may
			 be made by the Stewards in accordance with the Rules of the National
			 Steeplechase Association, 400 Fair Hill Drive, Elkton, MD.
www.nationalsteeplechase.com
.
(2) All horses engaged in Steeplechasing must
			 be registered either at the Jockey Club, 40 East 52nd Street, New York, NY
			 10022 or with the National Steeplechase Association.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.35 - Stewards

Current through Register 1525, July 5, 2024
(1) The Stewards shall have the power to
			 interpret
			 205 CMR
			 4.00 and to decide all questions not specifically
			 covered by them.
(2) In matters
			 pertaining to racing, the orders of the Stewards supersede the orders of the
			 Officers and Directors of the Association.
(3) The Stewards shall have general
			 supervision over owners, trainers, jockeys, grooms and other persons attendant
			 on horses, and also over all the other officials at the meeting.
(4) The Stewards shall have the authority to
			 declare a race void and to order all wagers made thereon refunded if they shall
			 determine that any occurrence before or during the running of such race calls
			 for such action by them.
(5) The
			 Stewards shall have control over and free access to all stands, weighing rooms,
			 enclosures, and other places in use for the purpose of racing.
(6) All entries and declarations shall be
			 under the supervision of the Stewards.
(7) The Stewards shall have the power to
			 determine all questions arising with reference to entries and racing.
(8) All questions pertaining to which their
			 authority extends shall be determined by a majority of the Stewards.
(9) The Stewards shall have the power to
			 punish for violation of
			 205 CMR
			 4.00 any person subject to their control and in their
			 discretion to impose forfeitures or suspensions or both for
			 infractions.
(10) The Stewards may
			 not impose a forfeiture in excess of $3,000.00. If it is deemed necessary that
			 a larger forfeiture should be imposed, the Stewards shall so recommend to the
			 Commission.
(11) The Stewards may
			 suspend a person or disqualify a horse. The Stewards shall maintain a list of
			 such disqualified horses and other horses that in the opinion of the Stewards
			 are not competitive at that meeting or are dangerous to themselves, riders or
			 other horses. Horses on said list may not enter until permission to do so is
			 given by the Stewards in order to remove a horse from said list. No horse may
			 be placed on said list unless prior thereto the Stewards state, in writing, the
			 reason for placement of the horse thereon.
(12) The Stewards shall have the powers to
			 exclude or eject from the premises and enclosures of the Association
(a) any person who is disqualified for
			 corrupt practices on the turf in any country;
(b) any person who is under suspension by the
			 Stewards of a recognized meeting or ruled off by any other
			 Commission;
(c) any person who is
			 under their supervision.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.37 - Vendors of Horse Feed or Medicine

Current through Register 1525, July 5, 2024
Any vendor of horse feed or medicine of any kind or description
				shall file with the Commission a list of products which he or she proposes to
				sell or deliver within the enclosure of the race track, and shall further
				submit any new preparation to be offered for sale for approval of the official
				veterinarian. Should such vendor offer any preparation not so approved by the
				official veterinarian, or not so listed, he or she shall be denied the
				privileges of the stable area.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.39 - Walking Over

Current through Register 1525, July 5, 2024
(1) If, at the time
			 for hoisting the numbers only one horse shall have weighed out, that horse
			 shall be ridden past the Judges' Stand, go to the post, and then move over the
			 course. He or she shall then be deemed the winner.
In case of a walkover, the horse walking over shall
				receive:
(a) In overnight races,
			 ½ of the winner's rightful share of first money.
(b) In stake races, ½ of the winner's
			 rightful share of the added money and all fees.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.42 - Winnings

Current through Register 1525, July 5, 2024
(1) The winnings of a horse in a stake race
			 shall be computed on the value of the gross earnings.
(2) Winnings shall include all net monies won
			 in all countries, up to the time appointed for the start, including walkovers
			 and forfeits but not second and third money nor the value of a prize not in
			 money.
(3) Winnings during a year
			 shall be reckoned from January 1st of that
			 year.
(4) Winner or non-winner of a
			 specified sum means winner, or non-winner of a single race of that value to the
			 winner, unless otherwise stated.
(5) In computing the value of a series of
			 races in which an extra sum of money is won by the winning of two or more races
			 of the series, the extra amount shall not be included in the horse's winnings
			 until the series, or that part of it, is finished and hence the extra amount is
			 definitely ascertainable. When ascertained it shall be added to the race which
			 determined the extra amount.
(6)
			 Foreign winnings shall be estimated on the basis of the normal rate of exchange
			 prevailing on the day of the winner.
(7) The entrance money, starting and
			 subscription fees, in every race, shall go to the winner unless otherwise
			 provided in its conditions, but when from any cause a race is not run, all
			 stakes or entrance money, if any paid, shall be returned.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.43 - Special Rules for State or County Fairs

Current through Register 1525, July 5, 2024
M.G.L. c. 128A, § 9, second paragraph provides "The
				Commission shall have power to prescribe special rules, regulations and
				conditions applicable to horse and dog racing meetings held under licenses
				granted hereunder in connection with a state or county fair, or any exhibition
				for the encouragement of extension of agriculture."
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.44 - Declarations and Scratches for State and County Fairs

Current through Register 1525, July 5, 2024
In purse races and overnight handicaps with more than eight
				interests, owners shall have the right to declare out to that number before the
				time stipulated by
				205 CMR
				4.00, on the day of the race such right to be
				determined by lot when necessary. Declarations below eight interests may only
				be made by permission from the Stewards.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.45 - General Rules for State and County Fairs

Current through Register 1525, July 5, 2024
(1) The
			 Stewards at meetings held in connection with State or County Fairs shall have
			 the power to suspend anyone whom they have authority to supervise for no
			 greater period than ten days beyond the close of the fair racing season in
			 Massachusetts. They may extend a suspension from one fair meeting to another
			 within the fair racing season.
The Stewards at meetings held in connection with State or
				County Fairs may impose a forfeiture on anyone whom they have authority to
				supervise, not exceeding $500.00.
(2) Each Association licensed by the
			 Commission to conduct a racing meeting in connection with a State or County
			 Fair shall submit to the Commission a complete list of employees three days
			 after the first racing day. This must contain in addition to the name and
			 addresses of employees, the position each one is to fill or the duties he or
			 she is to perform. All additions made to or changes in the list of employees
			 must be promptly reported to the Commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.47 - Practicing Veterinarians

Current through Register 1525, July 5, 2024
(1)
Eigibility
. An applicant for a license as practicing
			 veterinarian shall be qualified and licensed to practice veterinary medicine in
			 this jurisdiction and be otherwise qualified to be issued a license to
			 participate in racing. An application for a practicing veterinarian license
			 from the Commission must be accompanied by a copy of the applicant's current
			 license to practice veterinary medicine.
(2)
Responsibility
.
(a) All practicing veterinarians
			 administering drugs, medications or other substances shall be responsible for
			 ensuring that the drugs, medications or other substances and the veterinary
			 treatment of horses are administered in accordance with
			 205 CMR
			 4.00.
(b)
			 All practicing veterinarians shall promptly notify the official veterinarian of
			 any reportable disease and any unusual incidence of a communicable illness in
			 any horse in his or her charge.
(c)
			 All veterinarians shall file individual remittance certificates with individual
			 blood samples when testing for equine infectious anemia. Upon receipt from an
			 approved testing laboratory, the certificates shall be returned to the trainer
			 whose responsibility it shall be to safeguard said certificate and surrender
			 same to a new owner and/or trainer in cases of claims, sales or transfers. All
			 veterinarians shall notify the State Veterinarian immediately upon receipt of a
			 positive report.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.48 - Official Veterinarian

Current through Register 1525, July 5, 2024
(1)
General
. The official veterinarian shall:
(a) be employed by the Commission;
(b) be a graduate veterinarian and be
			 licensed to practice in this jurisdiction;
(c) be qualified to objectively and
			 competently provide the regulatory duties described in 205 CMR 4.48;
(d) refuse employment or payment, directly or
			 indirectly, from any horse owner or trainer of a horse racing or intending to
			 race in the Commonwealth of Massachusetts while employed as the official
			 veterinarian for the commission;
(e) refrain from directly treating or
			 prescribing for any horse under his or her jurisdiction except in cases of
			 emergency, accident or injury;
(f)
			 have no employment history or business relationship prior to employment as the
			 official veterinarian that could constitute a conflict of interest or impede in
			 the performance of official duties.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.49 - Racing Veterinarian

Current through Register 1525, July 5, 2024
(1) The racing
			 veterinarian(s) shall be employed by the Association.
(2) The racing veterinarian shall:
(a) be directly responsible to the official
			 veterinarian;
(b) be a graduate
			 veterinarian and be licensed to practice in the jurisdiction;
(c) be available to the racing secretary
			 and/or the stewards prior to scratch time each racing day, at a time designated
			 by the stewards, to inspect any horses and report on their condition as may be
			 requested by the stewards;
(d)
			 inspect any horse when there is a question as to the physical condition of such
			 horse;
(e) conduct soundness
			 inspections on horses participating in races at the meeting;
(f) recommend scratching a horse to the
			 stewards if, in the opinion of the racing veterinarian, the horse is physically
			 incapable of exerting its best effort to win;
(g) be present in the paddock during
			 saddling, on the racetrack during the post parade and at the starting gate
			 until the horses are dispatched from the gate for the race;
(h) inspect any horse which appears in
			 physical distress during the race or at the finish of the race; and shall
			 report such horse together with his or her opinion as to the cause of the
			 distress to the Stewards and to the official veterinarian;
(i) provide emergency medical care to horses
			 injured racing and effect case transfer to the practicing veterinarian;
(j) be authorized to humanely
			 destroy any horse deemed to be so seriously injured that it is in the best
			 interests of the horse to so act;
(k) refuse employment or payment, directly or
			 indirectly, from any horse owner or trainer of a horse racing or intending to
			 race in this jurisdiction while employed as the racing veterinarian;
(l) refrain from directly treating or
			 prescribing for any horse scheduled to participate during his or her term of
			 appointment at any recognized meeting except in cases of emergency, accident or
			 injury; and
(m) with approval of
			 the official veterinarian, place horses on the Bleeder List.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.50 - Veterinary Practices

Current through Register 1525, July 5, 2024
(1)
Veterinarians under the Authority of the Official
			 Veterinarian
. Veterinarians licensed by the Commission and
			 practicing at any location under the jurisdiction of the Commission are under
			 the authority of the official veterinarian and the Stewards. The official
			 veterinarian shall recommend to the Stewards or the Commission the discipline
			 that may be imposed upon a veterinarian who violates the rules.
(2)
Appropriate Role of
			 Veterinarians
. The following limitations apply to drug treatments
			 of horses that are engaged in activities, including training, related to
			 competing in pari-mutuel racing in the jurisdiction:
(a) No drug may be administered except in the
			 context of a valid veterinarian-client-patient relationship between an
			 attending veterinarian, the horse owner (who may be represented by the trainer
			 or other agent) and the horse. The owner is not required by 205 CMR 4.50(2) to
			 follow the veterinarian's instructions, but no drug may be administered without
			 a veterinarian having examined the horse and provided the treatment
			 recommendation. Such relationship requires the following:
1. The veterinarian, with the consent of the
			 owner, has accepted responsibility for making medical judgments about the
			 health of the horse;
2. The
			 veterinarian has sufficient knowledge of the horse to make a preliminary
			 diagnosis of the medical condition of the horse;
3. The veterinarian has performed an
			 examination of the horse and is acquainted with the keeping and care of the
			 horse;
4. The veterinarian is
			 available to evaluate and oversee treatment outcomes or has made appropriate
			 arrangements for continuing care and treatment;
5. The relationship is maintained by
			 veterinary visits as needed; and
6.
			 The veterinary judgments of the veterinarian are independent and are not
			 dictated by the trainer or owner of the horse.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.51 - Prohibited Practices

Current through Register 1525, July 5, 2024
(1) No person may
			 possess or use a drug, substance or medication on the premises of a facility
			 under the jurisdiction of the Commission for which
(a) a recognized analytical method has not
			 been developed to detect and confirm the administration of such substance;
			 or
(b) the use of which may
			 endanger the health and welfare of the horse or endanger the safety of the
			 rider; or
(c) the use of which may
			 adversely affect the integrity of racing; or
(d) no generally-accepted use in equine care
			 exists.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.52 - Medications and Prohibited Substances

Current through Register 1525, July 5, 2024
(1)
Aggravating and Mitigating Factors
. Upon a finding of
			 a violation of
			 205 CMR 4.50
			 through
			 4.53,
			 the Stewards shall consider the classification level of the violation as listed
			 at the time of the violation in the
Uniform Classification Guidelines
			 for Foreign Substances
as promulgated by the Association of Racing
			 Commissioners International (ARCI) and impose penalties and disciplinary
			 measures consistent with the recommendations contained therein. The Stewards
			 may consult with the official veterinarian, laboratory director or other
			 individuals to determine the seriousness of the laboratory finding or the
			 medication violation. All medication and drug violations shall be investigated
			 and reviewed on a case by case basis. Extenuating factors include, but are not
			 limited to:
(a) The past record of the
			 trainer, veterinarian and owner in drug cases;
(b) The potential of the drug(s) to influence
			 a horse's racing performance;
(c)
			 The legal availability of the drug;
(d) Whether there is reason to believe the
			 responsible party knew of the administration of the drug or intentionally
			 administered the drug;
(e) The
			 steps taken by the trainer to safeguard the horse;
(f) The probability of environmental
			 contamination or inadvertent exposure due to human drug use;
(g) The purse of the race;
(h) Whether the drug found was one for which
			 the horse was receiving a treatment as determined by the Medication Report
			 Form;
(i) Whether there was any
			 suspicious betting pattern in the race; and
(j) Whether the licensed trainer was acting
			 under the advice of a licensed veterinarian.
As a result of the investigation, there may be mitigating
				circumstances for which a lesser or no penalty is appropriate for the licensee
				and aggravating factors, which may increase the penalty beyond the
				minimum.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.53 - Out of Competition Testing

Current through Register 1525, July 5, 2024
(1)
Out-of-competition Testing Authorized
. The Commission
			 may, at a reasonable time on any date, take blood, urine or other biologic
			 samples as authorized by Commission rules from a horse to enhance the ability
			 of the Commission to enforce its medication and anti-doping rules,
(e.g
., the Prohibited List pursuant to ARCI-011-015). The
			 Commission shall own such samples. 205 CMR 4.53 authorizes only the collection
			 and testing of samples and does not independently make impermissible the
			 administration to or presence in any horse of any drug or other substance. A
			 race day prohibition or restriction of a substance by a Commission rule is not
			 applicable to an out-of-competition test unless there is an attempt to race the
			 horse in a manner that violates such rule.
(2)
Horses Eligible to Be
			 Tested
. Any horse that has been engaging in activities related to
			 competing in horse racing in the jurisdiction may be tested. This includes,
			 without limitation, any horses that are training outside the jurisdiction to
			 participate in racing in the jurisdiction and all horses that are training in
			 the jurisdiction, but excludes weanlings, yearlings and horses no longer
			 engaged in horse racing (
e.g
., retired broodmares).
(3) A horse is presumed eligible for
			 out-of-competition testing if:
(a) It is on
			 the grounds at a racetrack or training center under the jurisdiction of the
			 Commission;
(b) It is under the
			 care or control of a trainer licensed by the Commission;
(c) It is owned by an owner licensed by the
			 Commission;
(d) It is entered or
			 nominated to race at a premises licensed by the Commission;
(e) It has raced within the previous 12
			 months at a premises licensed by the Commission; or
(f) It is nominated to a program based on
			 racing in the jurisdiction, including without limitation a state thoroughbred
			 development, breeder's award fund, or standardbred state sires
			 stakes.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.54 - Physical Inspection of Horses

Current through Register 1525, July 5, 2024
(1)
Assessment of Racing Condition
.
(a) Every horse entered to participate in an
			 official race shall be subjected to a veterinary inspection prior to starting
			 in the race for which it is entered.
(b) The inspection shall be conducted by the
			 official veterinarian or the racing veterinarian.
(c) The agency or the association employing
			 the examining veterinarian(s) should provide a staffing level of not less than
			 two veterinarians.
(d) The trainer
			 of each horse or a representative of the trainer must present the horse for
			 inspection as required by the examining veterinarian. Horses presented for
			 examination must have bandages removed; the legs must be clean. Prior to
			 examination, horses may not be placed in ice nor shall any device or substance
			 be applied that impedes veterinary clinical assessment.
(e) The assessment of a horse's racing
			 condition shall include:
1. Proper
			 identification of each horse inspected;
2. Observation of each horse in
			 motion;
3. Manual palpation and
			 passive flexion of both forelimbs;
4. Visual inspection of the entire horse and
			 assessment of overall condition;
5.
			 Clinical observation in the paddock and saddling area, during the parade to
			 post and at the starting gate, during the running of the race, and following
			 the race until the horse has exited the race track; and,
6. Any other inspection deemed necessary by
			 the official veterinarian and/or the racing veterinarian.
(f) The official veterinarian and/or the
			 racing veterinarian shall maintain a permanent continuing health and racing
			 soundness record of each horse inspected.
(g) The official veterinarian and/or the
			 racing veterinarian are authorized access to any and all horses housed on
			 association grounds regardless of entry status.
(h) If, prior to starting, a horse is
			 determined to be unfit for competition, or if the veterinarian is unable to
			 make a determination of racing soundness, the veterinarian will recommend to
			 the Stewards the horse be scratched.
(i) Horses scratched upon the recommendation
			 of the official veterinarian and/or the racing veterinarian are to be placed on
			 the Veterinarian's List.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.55 - Testing

Current through Register 1525, July 5, 2024
(1)
Reporting to the Test
			 Barn
.
(a) The official winning
			 horse and any other horse ordered by the Commission and/or the Stewards shall
			 be taken to the test barn to have blood and urine samples taken at the
			 direction of the official veterinarian.
(b) Random or extra testing may be required
			 by the Stewards or the Commission at any time on any horse on association
			 grounds.
(c) Unless otherwise
			 directed by the Stewards or the official veterinarian, a horse that is selected
			 for testing must be taken directly to the test barn.
(d) A security guard shall monitor access to
			 the test barn area during and immediately following each racing performance.
			 All persons who wish to enter the test barn area must be 16 years of age or
			 older, be currently licensed by the Commission, display their Commission
			 identification badge and have a legitimate reason for being in the test barn
			 area.
(e) The owner, trainer or his
			 or her groom or other authorized representative shall be present in the testing
			 enclosure when a saliva, urine or other specimen is taken from his or her horse
			 and shall remain until the sample tag is attached to the specimen container.
			 Said tag shall be signed by the owner, trainer or their representative as
			 witnesses to the taking of the specimen.
(f) Willful failure to be present at, or a
			 refusal to allow, the taking of any such specimen or refusal to sign the
			 specimen tag to the taking of a specimen, or any act or threat to impede or
			 prevent or otherwise interfere therewith, shall subject the person or person
			 guilty thereof to immediate suspension by the Stewards of the meeting and the
			 matter shall be referred to the Commission for such further penalty as in its
			 discretion it may determine.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.56 - Postmortem Examinations

Current through Register 1525, July 5, 2024
(1) The Commission
			 may require a
postmortem
examination of any horse that dies or
			 is euthanized on association grounds.
(2) The Commission may require a
postmortem
examination of any horse that dies or is euthanized
			 at recognized training facilities within this jurisdiction.
(3) If a
postmortem
examination is to be conducted, the Commission shall take possession of the
			 horse upon death for
postmortem
examination. All shoes and
			 equipment on the horse's legs shall be left on the horse.
(4) If a
postmortem
examination is to be conducted, the Commission or its representative shall
			 collect blood, urine, bodily fluids, or other biologic specimens immediately,
			 if possible before euthanization. The Commission may submit blood, urine,
			 bodily fluids, or other biologic specimens collected during a
postmortem
examination for analysis. The presence of a
			 prohibited substance in a specimen collected during the
postmortem
examination may constitute a violation.
(5) All licensees shall be required to comply
			 with
postmortem
examination requirements as a condition of
			 licensure. In proceeding with a
postmortem
examination, the
			 Commission or its designee shall coordinate with the owner or the owner's
			 authorized agent to determine and address any insurance requirements.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.57 - Horseshoers

Current through Register 1525, July 5, 2024
(1) An applicant for a license as horseshoer
			 shall:
(a) be 18 years of age or
			 older;
(b) be qualified, as
			 determined by the Stewards and horseshoer consultant, by reason of experience,
			 background and knowledge of horseshoing. A horseshoer's license from another
			 jurisdiction, having been issued within a prior period as determined by the
			 Commission, may be accepted as evidence of experience and
			 qualifications.
(c) Evidence of
			 qualifications may require passing one or more of the following:
1. a written examination;
2. an interview or oral examination;
			 and
3. a demonstration of practical
			 skills in horseshoing.
(d) Applicants not previously licensed as a
			 horseshoer shall be required to pass a written/oral examination, demonstrate
			 practical skills and submit at least two written statements as to the character
			 and qualifications of the applicant.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.58 - Environmental Contaminants and Substances of Human Use

Current through Register 1525, July 5, 2024
(1) Environmental contaminants are either
			 endogenous to the horse or can arise from plants traditionally grazed or
			 harvested as equine feed or are present in equine feed because of contamination
			 during the cultivation, processing, treatment, storage or transportation
			 phases.
(2) Substances of human use
			 and addiction may be found in the horse due to its close association with
			 humans.
(3) If the preponderance of
			 evidence presented in the hearing shows that a positive test is the result of
			 environmental contamination, including inadvertent exposure due to human drug
			 use, or dietary intake, or is endogenous to the horse, those factors should be
			 considered in mitigation of any disciplinary action taken against the affected
			 trainer. Disciplinary action shall only be taken if test sample results exceed
			 the regulatory thresholds in the most recent version of the ARCI Endogenous,
			 Dietary, or Environmental Substances Schedule.
(4) The identification and adoption of these
			 uniform thresholds for certain substances shall not preclude an individual
			 jurisdiction from maintaining thresholds for substances not on this list which
			 predate the adoption of
			 205 CMR
			 4.00 in such jurisdiction.