New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 70 - HORSE RACING › Subchapter 14A - MEDICATION AND TESTING PROCEDURES › Section 13:70-14A.14 - Post-race blood gas testing program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An excess level
				of total carbon dioxide (TCO<2>) in the race horse is deemed adverse to
				the best interests of thoroughbred racing, and adverse to the best interests of
				the horse in that such condition alters its normal physiological state.
				Accordingly, a State Veterinarian representing the Commission may obtain blood
				samples in compliance with post-race testing provisions of
				13:70-14A.4 and this section, from
				the horse for the purpose of the testing of said samples by the Racing
				Commission laboratory for a TCO<2> level on a clinical auto analyzer that
				applies an ion selective electrode method (ISE) for measuring TCO<2> in
				blood. Where the TCO<2> level, based upon such testing, equals or exceeds
				37 or more millimoles per liter (37 mmole/L), the stewards shall order the
				relief authorized pursuant to (b) below.
(b) Where the TCO<2> level in a horse
				is determined to equal or exceed the level set forth in (a) above, and it is
				not determined that such a TCO<2> level is physiologically normal for
				that particular horse pursuant to (c) below, the stewards shall order the
				following relief:
1. The trainer, as the
				absolute insurer of the horse responsible for the condition of a horse within
				his or her care and custody pursuant to
				13:70-14A.6, shall for a first
				violation have his or her license suspended for a 75-day period, be ordered to
				pay a $ 1,000 fine and be denied the privileges of all grounds subject to the
				jurisdiction of the Commission during the suspension period. For a second
				violation, the license of the trainer shall be ordered suspended for a 180-day
				period, a $ 2,500 fine shall be ordered and the trainer shall be denied the
				privileges of all grounds subject to the jurisdiction of the Commission during
				the suspension period. For a third or subsequent violation, the license of the
				trainer shall be ordered suspended for a minimum of one year to a maximum of
				licensure revocation, a $ 5,000 fine shall be ordered and the trainer shall be
				denied the privileges of all grounds subject to the jurisdiction of the
				Commission during the suspension period. The licensure suspension aspect of
				these penalties shall be increased by a minimum of two years where evidence
				independent of the testing demonstrates that the excessive TCO<2> level
				of the horse resulted from the administration of a drug or substance foreign to
				the horse in violation of
				13:70-14A.1 and that such foreign
				substance was administered nasogastrically or orally, using a tubing device,
				jug or by any intravenous means;
2.
				In addition to the liability of the trainer as set forth in (b)1 above, any
				additional persons responsible shall be subject to the penalties set forth in
				(b)1 above;
3. Disqualification and
				denial of purse with redistribution of any purse money due, pursuant to
				13:70-14A.7; and
4. Pre-race guarded quarantine pursuant to
				13:70-14A.15.