New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter A - Thoroughbred Racing › Article 3 - NEW YORK-BRED THOROUGHBREDS › Part 4081 - New York-bred Eligibility › Section 4081.2 - Registration as New York-bred

Current through Register Vol. 46, No. 28, July 10, 2024
In order to qualify for registration as a New
						  York-bred, a thoroughbred horse must have been foaled in New York State
						  and:
(a) For resident mares. In order
						to qualify for registration as a New York-bred, the foal of a resident mare
						must have been foaled in New York State and the dam of such foal must have been
						continuously in residence in New York State from the date of conception in New
						York State or within 120 days after her last cover in the year of conception
						occurring outside New York State until foaling.
(b) For nonresident mares. In order to
						qualify for registration as a New York-bred, the foal of a non-resident mare
						must have been foaled in New York State, and the dam of such horse must have
						been bred back in New York State to a registered New York stallion in the year
						of foaling and must have remained in New York State for a minimum of 90
						consecutive days after arrival. If the dam of such foal is bred to a stallion
						outside of New York State in the year of foaling, the foal of the new resident
						mare shall not be eligible for registration as a New York-bred.
(c) Mares from public auction. Effective for
						public auction sales occurring on or after November 1, 2019, a non-resident
						mare that is purchased in foal through public auction will be deemed to be a
						resident mare for all purposes if each of the following conditions is
						satisfied:
(1) the mare is purchased for at
						least $50,000 (or such other amount as the fund may determine annually and
						prominently disclose on the fund's website on or before July 1 of each year) in
						the public auction;
(2) the mare is
						present in New York State within 15 days after the sale is concluded;
(3) the foal from public auction mare is
						foaled in New York State; and
(4)
						thereafter, the mare is continuously in residence in New York State from within
						120 days after last cover in the year of conception of another foal and remains
						in residence until foaling (such mare shall not be subject to breed-back
						requirements set forth in section
						4081.3 of this Part).
In the event that any of the foregoing conditions in
						  this subdivision are not met, no breeder, owner or stallion awards attributable
						  to the foal from public auction mare shall be due or owing to the individual or
						  entity that purported to purchase the public auction mare in accordance with
						  this subsection, provided, however, that nothing in this subdivision shall
						  affect the owner awards or stallion awards that may be due and owing to
						  individuals or entities that are not controlled by or affiliated with the
						  individual or entity that purported to purchase the public auction mare in
						  accordance with this subsection.