New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 71 - HARNESS RACING › Subchapter 23 - MEDICATION AND TESTING PROCEDURES › Section 13:71-23.4 - Post-race testing program; split urine or split blood samples

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No
				drug shall be administered or applied, internally or externally, to any horse
				that is to be sampled after a race until the blood and/or urine samples have
				been obtained unless permission from the State Veterinarian is
				obtained.
(b) Every horse to be
				tested shall be taken to a detention barn, to be supplied by the association in
				accordance with specifications set forth by the Commission. All blood samples
				shall be taken by a State Veterinarian while urine samples shall be secured by
				the State Veterinarian or a chemical inspector of the Commission at the
				direction of the State Veterinarian.
(c) During the taking of any blood and/or
				urine sample by the veterinarian representing the Commission, from the horse
				entered to race, the owner, trainer, or their designated representative shall
				be present and witness the procedure. The sample so taken shall be immediately
				sealed and tagged on the form provided by the Commission and the evidence of
				such sealing shall be indicated by the signature of such owner, trainer or
				representative. It shall be the obligation of the owner, trainer or
				representative to cooperate fully with the State Veterinarian in obtaining any
				samples which may be required and to attend and witness the taking and securing
				of such sample.
(d) In order to
				conduct a post-race test of a horse, the State Veterinarian or a designated
				employee shall cause one sample of the horse's urine, and one or more samples
				of the horse's blood to be sent to the testing laboratory designated by the
				Commission (testing laboratory). Upon completion of testing, any residue
				portion of the urine or blood sample taken shall be preserved by the testing
				laboratory as a "split sample" until either: it is determined by said
				laboratory that the primary urine or blood sample is negative for a foreign
				substance or, if a foreign substance is discovered in the primary urine or
				blood sample, for 48 hours following the notification of such finding to the
				owner and trainer. The owner or trainer, prior to the expiration of such
				48-hour time period, may request in writing to the State Steward or Executive
				Director that the split sample(s) be sent to another laboratory for testing.
				The laboratory shall be selected by the requesting owner or trainer from a list
				of eligible laboratories presented to the owner or trainer by the Racing
				Commission. The list should contain a minimum of three alternative
				laboratories. Upon being presented with the list of alternative outside
				laboratories, the owner or trainer requesting the split sample shall have 24
				hours to decide which outside laboratory will conduct the test of the split
				sample. If no request is timely made, upon expiration of either the 48-hour
				time period to request a split sample be tested or the 24-hour time period to
				select an outside laboratory, the testing laboratory shall properly dispose of
				any and all split samples and the findings of its testing shall be conclusive.
				If a request is timely made, and if the entire primary sample was consumed
				during the testing laboratory testing process, the results of the testing
				laboratory testing on the primary sample shall be conclusive. If a request is
				timely made, an outside laboratory is timely selected, and a split sample
				remains, the testing laboratory shall cause the split sample or portion thereof
				to be delivered to the selected outside laboratory for testing. If the outside
				laboratory confirms substantially the testing laboratory findings, or if the
				split sample was not of sufficient quantity for the outside laboratory to
				conduct valid testing or to reach a valid testing conclusion, the findings of
				the testing laboratory shall be considered conclusive. If the outside
				laboratory testing does not confirm substantially the testing laboratory
				findings, any outstanding allegation or finding that the foreign substance in
				question was in the horse's system at the time of the subject race shall be
				dismissed. If the testing laboratory detects a foreign substance at a level
				that is at or above a threshold established in this chapter, the overage shall
				be deemed confirmed if the outside laboratory confirms the presence of that
				foreign substance in the split sample at any level. The owner or trainer
				requesting the testing of any split sample shall bear all costs related to the
				shipment and testing of same by the outside laboratory. The owner or trainer
				shall pay these costs at the time he or she selects which outside laboratory
				will test the sample. Failure of the owner or trainer to provide payment at the
				time he or she selects which outside laboratory will conduct the test of the
				split sample shall constitute a waiver of all rights to split sample testing.
				The timely submission by an owner or trainer of a request for split sample
				testing shall not result in a deferral or suspension of the implementation of
				the procedures set forth in N.J.A.C. 13:71-23.5.
(e) Nothing contained in (d) above shall be
				interpreted: to preclude the State Steward from initiating the procedure set
				forth in 13:71-23.5 upon notification of a
				positive urine or blood test by the Racing Commission laboratory; or to
				preclude the holding of an initial hearing with respect to an alleged violation
				of this subchapter where a request for testing of the split sample has been
				timely made and the results of testing by the outside laboratory are pending.
				However, where in such circumstances an appeal of any initial determined
				violation is filed pursuant to
				13:71-3.4, a stay of any ordered
				penalty notwithstanding the provisions of
				13:71-3.8 shall be issued pending
				receipt of the results of the outside laboratory testing. In the event the
				Board of Judges determines in such case that the outside laboratory does not
				confirm substantially the Racing Commission laboratory findings, and the
				determined violation is therefore dismissed pursuant to (d) above, any
				allegation or determination of a violation as a result of any search initiated
				pursuant to
				13:71-23.5 shall not be
				affected.