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 017-11-1 - General Provisions

Current through 2024-29, July 17, 2024
1.
Interpretation of this Chapter.
This chapter is promulgated to protect the integrity of live
				  harness racing, to protect the health and welfare of participating horses and
				  to safeguard the interest of the public and the racing participants through the
				  prohibition or control of medications and substances. This chapter shall be
				  interpreted to accomplish that purpose.
2.
General Standards
A. Licensed participants shall exercise a
				high standard of care in the administration of medications, vitamins,
				supplements and other substances to ensure that the health and welfare of the
				horse takes precedence over performance. Licensed participants shall not permit
				a horse participating in a race or programmed to participate in a race, to
				carry in its body any prohibited substance.
B. Licensed participants and veterinarians
				treating participating horses shall carefully adhere to product labeling for
				medications, vitamins, supplements or other substances used in the treatment or
				feeding of participating horses. No person may exceed the recommended dosage
				rates for medications, vitamins, supplements or other substances when treating
				participating horses. Except as otherwise provided by this chapter, violation
				of this paragraph shall be considered a Class C violation pursuant to Chapter
				17 of Commission rules.
C. Licensed
				participants and veterinarians treating participating horses may not use,
				possess or distribute unlabeled medications, vitamins, supplements or other
				substances intended for administration to participating horses. Except as
				otherwise provided by Commission rule, violation of this paragraph shall be
				considered a Class C violation pursuant to Chapter 17 of Commission
				rules.
D. Except as provided under
				this chapter, no person may administer injectable substances to participating
				horses, nor possess injectable substances on the grounds of an Association,
				without written directions from a licensed veterinarian.
E. The standards contained in this chapter
				relating to the presence of prohibited substances are considered "strict
				liability" standards, which do not depend upon knowledge, negligence nor intent
				on the part of the licensed participants, but instead are based on the breach
				of an absolute duty to ensure that no horse participating in a race or
				programmed to participate in a race, has the presence of a prohibited substance
				in its body.
F. Licensed
				participants and veterinarians treating participating horses, found to be
				responsible for the improper or intentional administration of any drug
				resulting in a positive test sample from a participating horse, may, after the
				proper notice and hearing, be subject to the same penalties set forth for the
				licensed trainer.
G. In addition to
				any sanctions imposed by the Commission, any veterinarian treating
				participating horses found to be involved in the administration of any drug
				carrying the penalty class of "A" shall be referred to the Maine Board of
				Veterinary Medicine for consideration of further disciplinary action and/or
				license revocation.
H. Any person
				who the State Stewards or the Commission believe may have committed acts in
				violation of statutes outside Commission jurisdiction may be referred to the
				appropriate agency. Administrative action taken by the Commission in no way
				prohibits referral of the matter to other agencies by the Commission.