Code of Vermont Rules › Agency 20 - DEPARTMENT OF AGRICULTURE, FOOD AND MARKETS › Sub-Agency 022 - LIVESTOCK DIVISION › Chapter 017 - RULES GOVERNING THE HUMANE TREATMENT OF ANIMALS › Section 20 022 017 - RULES GOVERNING THE HUMANE TREATMENT OF ANIMALS

Current through June, 2024
Section I RULES GOVERNING THE
			 ADMINISTRATION OF CERTAIN SUBSTANCES TO ANIMALS ENTERED IN PULLING
			 CONTESTS AND COMPETITIVE EVENTS
1.
			 Statutory Authority
These rules are promulgated pursuant to 13 V.S.A.
				Chapter 8, section 392.
2. Definitions
In addition to those definitions set forth in
				13 V.S.A. sections
				351 and
				391, the
				following words shall have the following definitions:
A. Drug- (1) Articles recognized in
			 the official United States Pharmacopoeia, official homeophatic
			 pharmacopoeia of the United States, or official national formulary,
			 or any supplement to any of them; (2) articles intended for use in
			 the diagnosis, cure, mitigation, treatment or prevention of disease
			 in man or other animals; (3) articles (other than food) intended to
			 affect the structure or any function of the body of man or other
			 animals; (4) articles intended for use as a component of any article
			 specified in clauses (1), (2) or (3) but does not include devices or
			 their components, parts or accessories. This definition includes, but
			 is not limited to, the following articles as defined:
a) Anabolic Steroid- Testosterone,
			 or a steroid hormone resembling testosterone or, any one of a large
			 family of chemical substances comprising many hormones, vitamins,
			 body constituents and drugs each containing the tetracyclic
			 cyclopenta (a)phenanthrene skeleton, which stimulates the build up of
			 the body substance through the process of assimilation of nutritive
			 matter and its conversion into living substance.
b) Analgesic- A compound, such as
			 aspirin, that relieves pain by altering perception of nociceptive
			 stimuli without producing anesthesia or loss of
			 consciousness.
c)
			 Anti-inflammatory- An agent that relieves local swelling, redness and
			 pain caused by an injury or illness by acting on body mechanisms,
			 without directly antagonizing the causative agent. This includes, but
			 is not limited to, non-steroidal anti-inflammatory drugs, steroids,
			 DMSO, antihistamines and glucocorticoids.
d) Antipyretic- An agent that
			 reduces fever.
e)
			 Depressant- An agent that depresses the circulatory, respiratory and/
			 or central nervous system, lowering the vital tone or reducing the
			 functional tone or activity; a sedative.
f) Local Anesthetic- A compound
			 that, when applied directly to mucous membranes or when injected
			 about nerves, reversibly produces loss of sensation by inhibiting
			 nerve excitation or conduction in a limited part of the body; not
			 general or systemic.
g)
			 Sedative- An agent that produces a calming effect and reduces nervous
			 excitement, including tranquilizers.
h) Stimulant- An agent that
			 stimulates the circulatory, respiratory, and/or central nervous
			 system or an agent that arouses organic activity, strengthens the
			 action of the heart, increases vitality, and/or promotes a sense of
			 well-being.
B.
			 Normal Performance:
The extent to which the particular animal entered in
				the competitive event or pulling competition is capable of performing
				if no drug is administered.
C. Specimen:
Blood, urine or saliva of an animal that is extracted
				for testing purposes.
D. Therapeutic Substance:
Medications approved by a veterinarian which are
				necessary for the treatment of an existing acute illness or injury
				which do not affect or alter the normal performance of the animal.
				Antibiotics and antiseptics are considered to be therapeutic
				substances.
3. Drugs Prohibited
a) No person shall administer
			 internally or externally a drug to any animal entered in an animal
			 pulling contest or competitive event that may affect or alter the
			 normal performance of that animal. The drugs prohibited by this rule
			 include, but are not limited to, anabolic steroids, analgesics,
			 anti-inflammatories, antipyretics, depressants, local anesthetics,
			 sedatives and stimulants.
b) This rule prohibits a person
			 from administering a drug that may affect or alter the normal
			 performance of an animal entered in competition, regardless of
			 whether the amount administered actually affects or alters the normal
			 performance of the animal.
4. Masking Drugs Prohibited
No person shall administer internally or externally
				to any animal entered in a pulling contest or competitive event any
				drug that has a potential to interfere with drug detection
				procedures, including such products as furosemide, sulfa drugs,
				dipyrone, and benzimidazole anthelmintics.
5. Security of Animals Entered in
			 Competition
Owners and handlers of animals entered in pulling
				contests or competitive events shall be responsible for ensuring that
				their animals are free from any prohibited drug prior to entering the
				contest or event.
6. Use of Therapeutic Substances
An animal that has received a therapeutic substance
				may compete if all of the following conditions exist:
a) The therapeutic substance has no
			 potential to interfere with laboratory tests for prohibited
			 drugs.
b) The therapeutic
			 substance is given by or under the direction of a licensed
			 veterinarian; a veterinary/client relationship as described by the
			 American Veterinary Medical Association must exist.
c) Accurate veterinary records
			 detailing the name of the substance, dosage used, dates and times of
			 administration are kept by the animal's owner.
d) Pulling contest or competitive
			 event officials are notified in writing that a therapeutic substance
			 has been given as soon as possible after treatment and prior to any
			 event the person has entered. The contest or event officials may
			 prohibit from competition any animal treated with a therapeutic
			 substance if such prohibition is in the best interest of the contest
			 or event.
e) At least 48
			 hours have elapsed between the last administration of the therapeutic
			 substance and entering a pulling contest or competitive
			 event.
7.
			 Statement of Ownership
A signed statement of ownership in the name of the
				handler, including a description of the animal, shall be submitted to
				the superintendent before the start of a competitive event or animal
				pulling contest.
8. Testing Procedures
a) The Commissioner of Agriculture,
			 at his or her discretion, or upon request from a person or sponsor of
			 a pulling contest or competitive event (sponsor), may take specimens
			 for laboratory testing from any animal entered in a pulling contest
			 or competitive event.
b)
			 The specimen shall be drawn by a veterinarian authorized by the by
			 the Department of Agriculture to draw such specimens. The specimen
			 shall be drawn no later than six hours from the completion of the
			 contest or event.
c) A
			 person or sponsor requesting a test shall make the request to the
			 Commissioner in writing prior to the start of the pulling contest or
			 competitive event.
d) The
			 person or sponsor requesting the test shall pay the Commissioner a
			 fee at the completion of sampling to cover the testing costs. The
			 veterinarian shall collect the fee for the Commissioner after the
			 last sample is drawn. The testing fee includes materials used,
			 laboratory fee and veterinary services.
e) The owner or handler of the
			 animal being tested and a representative of the sponsor may observe
			 the testing and identification of the specimen and may sign required
			 documents to affirm that those persons observed the taking,
			 identification, and security of that specimen.
9. Penalties for Failing to Comply
			 with Testing Procedures
Failure of an owner or handler to submit an animal
				for testing on request, or to provide adequate information, or to
				assist in restraining the animal so that the specimen can be taken,
				is a violation of
				13 V.S.A. section
				394, subject to the penalty
				provision in
				13 V.S.A. section
				397.
10. Notification of Test Results
			 and Hearing
a) The Commissioner
			 shall notify the animal's owner and the superintendent of the contest
			 or event of any positive test results within 14 calendar days from
			 the date the Commissioner receives the results.
b) The presence of a prohibited
			 drug in the chemical analysis of the specimen shall be prima facie
			 evidence that a drug has been administered. If the laboratory test
			 indicates the presence of a prohibited drug, the Commissioner shall
			 hold a hearing at which the animal's owner or a representative of the
			 owner may appear and be heard.
c) Based on all the evidence, the
			 Commissioner shall issue a finding of whether the provisions of 13
			 V.S.A., Chapter 8, subchapter 9 and this rule have been
			 violated.
11.
			 Penalties for Statutory and Rules Violations
Upon finding that a violation has occurred:
a) The animal administered the
			 prohibited drug shall be disqualified from the competition, and any
			 award, premium, or trophy shall be forfeited; and
b) The Commissioner may prohibit
			 the person responsible for the violation from participating in any
			 capacity in any pulling contest or competitive event.
c) The Commissioner may bar any
			 animal found to have been drugged from entering any pulling contest
			 or competitive event regardless of ownership.
d) The Commissioner may assess the
			 violator an administrative penalty in an amount not to exceed $
			 1,000,00 per violation. The Commissioner shall utilize the provisions
			 of
			 6 V.S.A. sections
			 16 and
			 17 in
			 assessing the penalty.
12. Appeal
Any person aggrieved by the Commissioner's finding
				and order or penalty may appeal to the superior court in the county
				in which the animal pulling contest or competitive event was
				held.
13. Loss of
			 Eligibility for Out-of-State Violations
Any person fined or convicted of administering an
				unlawful drug to animals entered in a competitive event or pulling
				contest held in another state shall be ineligible to compete in any
				animal pulling contest or competitive event in this state for a
				period not to exceed two years from the date of such fine or court
				conviction.
14.
			 Abuse of Animals in Pulling Contests Prohibited
a) Any person found rein-whipping
			 or otherwise whipping a horse in an animal pulling contest shall be
			 automatically disqualified, and shall be ineligible to receive any
			 award, premium, or trophy. The light use of reins applied to the
			 hindquarters may be permitted on entry to the pit and while the team
			 is making its draw. The use of reins at any other time for purposes
			 other than guiding the animals is prohibited.
b) Any person found face-whipping
			 cattle in an animal pulling contest shall be automatically
			 disqualified and ineligible to receive any award, premium or
			 trophy.
c) Any goad stick
			 used with cattle in an animal pulling contest shall be made of wood,
			 shall not be taped, and shall not be more than 3/4 inches in
			 diameter.
Excessive violation of this rule is a violation of
				13 V.S.A. section
				352(a) (2).
15. Alcohol
			 Breath Test; Disqualification
A superintendent may require that contestants or
				other participants at an animal pulling contest or competitive event
				pass a breathalyzer test for alcohol. The test shall be conducted by
				the state police, sheriff, or local police before the contest or
				event occurs. Any person above a 0.10 percent concentration level
				shall be disqualified and barred from participation in any animal
				pulling contest or competitive event held on the day of the
				test.