New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 71 - HARNESS RACING › Subchapter 23 - MEDICATION AND TESTING PROCEDURES › Section 13:71-23.16 - Anabolic steroids

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The administration of anabolic steroids
				to horses that race shall be a prohibited practice except as authorized in (c)
				below.
(b) Any horse entered to
				start at a permitted race meet may be subjected to a blood and urine test in
				order to identify the presence and/or levels of anabolic steroids.
(c) Test results identifying the presence of
				boldenone, nandrolone, and testosterone shall not constitute a violation of
				this section if the level of these permitted anabolic steroids test at or below
				the following threshold levels in blood plasma:
Boldenone - 25 picograms/milliliter (25 pg/mL);
Nandrolone - Females and geldings: 25 picograms/milliliter
				  (25 pg/mL);
Testosterone - Intact male horses: 2,000 picograms/milliliter
				  (2,000 pg/mL);
Females and geldings: 25 picograms/milliliter (25 pg/mL)
				  (unless a female is in foal).
For the purposes of this section, "intact male horse" shall
				  mean a male horse that has not been gelded. Male horses other than geldings
				  shall be tested for nandrolone in urine only. See (d) below.
(d) Test results identifying the presence of
				boldenone, nandrolone, and testosterone shall not constitute a violation of
				this section if the level of these permitted anabolic steroids test at or below
				the following threshold levels in urine:
Boldenone - Intact males: 15 nanograms/milliliter (15
				  ng/mL);
Females and geldings: 1 nanogram/milliliter (1 ng/mL)
Nandrolone - Intact males: 45 nanograms/milliliter (45
				  ng/mL);
Females and geldings: 1 nanogram/milliliter (1 ng/mL);
Testosterone - Females: 55 nanograms/milliliter (55 ng/mL)
				  (unless in foal);
Geldings: 20 nanograms/milliliter (20 ng/mL)
(e) Any blood or urine samples
				containing one of the three anabolic steroids listed in (c) and (d) above that
				quantitatively measures above the threshold levels shall constitute a violation
				of this section. Any samples identifying the presence of more than one of the
				three permitted anabolic steroids shall constitute a violation of this section
				regardless of the threshold levels identified in the sample. Any samples
				identifying the presence of one of the three permitted anabolic steroids, even
				if it tests at or below the threshold level, shall constitute a violation of
				this section if the samples also indicate the presence of any other anabolic
				steroid.
(f) The split sample
				testing procedures set forth in
				13:71-23.4 in connection with
				urine samples shall be extended to apply to blood and/or urine samples taken in
				connection with testing for anabolic steroids.
(g) The trainer is the absolute insurer of
				the condition of all horses within his or her care and custody. For a first
				violation of this section, the trainer's license shall be suspended for a
				45-day period, he or she shall be ordered to pay an $ 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 of this section, the
				trainer's license shall be suspended for a 90-day period, he or she shall be
				ordered to pay a $ 2,500 fine and be denied the privileges of all grounds
				subject to the jurisdiction of the Commission during the suspension period. For
				a third violation of this section, the trainer's license shall be permanently
				revoked and he or she shall be permanently denied the privileges of all grounds
				subject to the jurisdiction of the Commission.
(h) In addition to the liability of the
				trainer, any person licensed in any capacity by the Commission who is involved
				in the administration of anabolic steroids to a horse who tests in violation to
				this section shall be subject to the penalties up to or equal to penalties set
				forth for trainers in (g) above. Persons not licensed by the Commission who
				have been involved in the administration of anabolic steroids to a horse who
				tests in violation of this section shall be subject to penalties as determined
				by the Commission.
(i) The
				Commission shall commence testing for anabolic steroids pursuant to this
				section April 19, 2010. In recognition of the amount of time that horsemen may
				need to "wash out" their horses in order to return their metabolisms to the
				range of normal, the imposition of the penalties set forth in (f) and (g) above
				will begin on August 18, 2010, with the following exception. Any horse which
				tests in violation of the terms of this section between April 19, 2010 and
				August 17, 2010, shall be disqualified from the race and denied the purse
				money, which shall be redistributed consistent with
				13:71-23.7(b).
				Consistent with (h) above, a horse that tests in violation of this section
				during the "wash out" period, shall be declared ineligible to compete in any
				race in New Jersey for a period of at least 30 days after the date upon which
				the samples were taken. After the 30-day disqualification has been completed,
				no horse shall be allowed to enter a race until such time as the owner or
				trainer makes the horse available to the Commission for retesting and the
				samples taken are in compliance with this section. The trainer or owner who
				submits the horse for retesting shall bear all costs, as determined by the
				Executive Director, that are related to the collection and testing of the
				samples taken.
(j) The trainer of a
				horse that was claimed outside of the State of New Jersey or purchased in a
				private sale in any state may request that the claimed horse be tested for the
				presence of anabolic steroids prior to entering that horse to race in New
				Jersey. The trainer who requests such testing shall bear all costs, as
				determined by the Executive Director, that are related to the collection and
				testing of the blood and urine samples consistent with (i) above. A horse that
				tests in violation of this section shall be declared ineligible to compete in
				any race in New Jersey for a period of at least 30 days after the date upon
				which the samples were taken. After the 30-day disqualification has been
				completed, the horse shall not be allowed to compete until such time as the
				trainer makes the horse available to the Commission for retesting and the
				samples taken are in compliance with this section. Any trainer who fails to
				request this testing prior to entering a horse claimed outside of the State of
				New Jersey or purchased in a private sale to race and the horse tests positive
				for the presence of anabolic steroids in violation of this section, the trainer
				shall be liable for all penalties set forth in this section.