New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 70 - HORSE RACING › Subchapter 14A - MEDICATION AND TESTING PROCEDURES › Section 13:70-14A.13 - Out-of-competition testing (on non-race days and on race days pre-race) of racehorses for Erythropoietin (Epogen, EPO), DarbEPO, or other blood doping agents; penalties, procedures, and testing costs for positive test results for Erythropoietin (Epogen, EPO), DarbEPO, or other blood doping agents, as a result of out-of-competition testing; penalties, procedures, and testing costs for positive test results for Erythropoietin (Epogen, EPO), DarbEPO, or other blood doping agents, as a result of post-race blood sample testing (on race days) conducted pursuant to other provisions of this chapter

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				The presence of Erythropoietin (Epogen, EPO), DarbEPO or other blood doping
				agents in the racehorse is deemed adverse to the bests interests of
				thoroughbred racing, and adverse to the best interests of the racehorse in that
				such condition alters its normal physiological state. Accordingly, in addition
				to such substances being prohibited from being present in the body of a
				racehorse on race day pursuant to
				13:70-14A.1 and 14A.4, and in
				addition to elevated titers of anti-recombinant human EPO antibodies being
				prohibited from being present in the body of a racehorse on race day pursuant
				to 13:70-14A.12, the presence of
				Erythropoietin (Epogen, EPO), DarbEPO, or other blood doping agents in any
				racehorse under the trainership of any licensed New Jersey trainer is hereby
				prohibited at any location and at anytime, including days where a race horse is
				neither entered to or scheduled to participate in a race.
(b) Racing Commission representatives may,
				without prior notice, appear upon off-track stabling facilities and permitted
				racetrack facilities subject to its jurisdiction in furtherance of
				out-of-competition testing, that is, for the purpose of taking blood samples
				from racehorses on race days (pre-race) or on non-race days to test such
				samples (on the same date the sample is taken, or on a subsequent date) for the
				presence of Erythropoietin (Epogen, EPO), DarbEPO, or other blood doping
				agents. Upon arrival at such premises and if present, the Racing Commission
				representative shall advise the facility's owner, and the trainer of the
				racehorse or racehorses from which blood samples are to be taken, of its
				purpose. Additionally, the Racing Commission State Steward may require that any
				New Jersey licensed trainer stabled within New Jersey, at his or her cost,
				produce at a permitted New Jersey racetrack (as designated by the State
				Steward), and within 24 hours of a State Steward request, any racehorse under
				his or her custody and control for out-of-competition testing. Additionally,
				the State Steward may require that any New Jersey licensed trainer stabled
				outside this State, at his or her cost, produce at a permitted New Jersey
				racetrack (as designated by the State Steward), and within 48 hours of a State
				Steward request, any racehorse under his or her custody and control (which
				racehorse or racehorses competed in New Jersey in the same calender year of the
				request, or which racehorse was intended or is intended to compete in New
				Jersey in the calender year of the request), for out-of-competition testing.
				The State Steward may, in his or her discretion, and for good cause shown,
				extend these time frames for a trainer's requested production of the horse at a
				permitted New Jersey racetrack. In the event of the failure of any licensed New
				Jersey trainer or agent thereof to timely produce a racehorse for
				out-of-competition testing at a permitted racetrack facility as requested by
				the State Steward, or in connection with the Racing Commission's appearance on
				a premises subject to its jurisdiction for such purpose, the penalties set
				forth in (e) below shall be imposed upon the trainer and any responsible person
				where said failure to produce the horse is due to non-cooperation. Also, in the
				event of such non-production of a horse due the non-cooperation of the trainer
				and any other responsible person, the ineligibility restrictions as to the
				racehorse subject of the request for production, as set forth in (f) below,
				shall be imposed.
(c) In the event
				of a positive test for the presence of Erythropoietin (Epogen, EPO), DarbEPO,
				or other blood doping agent, as a result of out-of-competition testing, the
				following actions shall be taken by the Racing Commission Board of Stewards:
1. They shall authorize a search of the New
				Jersey premises occupied by the stable pursuant to
				13:70-14A.5;
2. They shall cause the horse to be
				immediately placed on the Veterinarian's list pursuant to
				13:70-19.36 (thereby rendering the
				horse ineligible to compete), pending the conduct of a hearing by the Board of
				Stewards;
3. The owner and trainer
				of the horse shall be notified in writing by the Board of Stewards, by personal
				service or by mail sent to the address listed in their respective applications
				on file with the Racing Commission, of the initial out-of-competition testing
				result and of the horse's placement on the Veterinarian's list pending the
				conduct of a hearing by the Board of Stewards. The writing shall further set
				forth, in a designated space, the date it was mailed or personally served by
				the Board of Stewards; and
4. The
				Board of Stewards shall schedule a hearing, by written notice to the trainer
				and any other responsible person, which hearing notice sets forth the alleged
				violations of the Racing Commission's rules, as well as the date and time of
				the hearing. The hearing notice may be incorporated into the written notice
				provided pursuant to (c)3 above. Where the owner of the horse is not a subject
				of the hearing, the owner shall be provided a copy of the notice of hearing as
				an interested party. The written notice of hearing shall be by personal service
				or by mail sent to the address listed in their respective applications on file
				with the Racing Commission.