Cal. Code Regs. tit. 4 § 1843

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 1843 - Medication, Drugs and Other Substances

It shall be the intent of these rules to protect the integrity of horse racing, to guard the health of the horse, and to safeguard the interests of the public and the racing participants through the prohibition or control of all drugs, medications and drug substances foreign to the horse. In this context:

(a) No horse participating in a race shall carry in its body any drug substance or its metabolites or analogues, foreign to the horse except as hereinafter expressly provided.

(b) No drug substance shall be administered to a horse which is entered to compete in a race to be run in this State except for approved and authorized drug substances as provided in these rules.

(c) No person other than a licensed veterinarian or animal health technician shall have in his/her possession any drug substance which can be administered to a horse, except such drug substance prescribed by a licensed veterinarian for a specific existing condition of a horse and which is properly labelled.

(d) A finding by an official chemist that a test sample taken from a horse contains a drug substance or its metabolites or analogues which has not been approved by the Board, or a finding of more than one approved non-steroidal, anti-inflammatory drug substance, or a finding of a drug substance in excess of the limit established by the Board for its use shall be prima facie evidence that the trainer and his/her agents responsible for the care of the horse has/have been negligent in the care of the horse and is prima facie evidence that the drug substance has been administered to the horse.

(e) Nothing in this Article shall prevent a racing association or fair from setting eligibility conditions, as agreed to with the acknowledged horsemen's organization(s), for individual races, or for its entire race meet, that prohibit the use and/or presence of drug substances or medications in biological test samples collected from participating horses at detection levels lower than what is authorized by the Board. Such conditions, if established in accordance with Rule 1581, shall not be deemed in conflict with the rules and regulations of the Board.

Cal. Code Regs. Tit. 4, § 1843

1. Repealer and new section filed 10-29-81; effective thirtieth day thereafter (Register 81, No. 44).
2. Amendment of section heading, text and NOTE filed 8-19-92; operative 9-18-92 (Register 92, No. 34).
3. New subsection (e) filed 7-25-2016 as an emergency; operative 7-25-2016 (Register 2016, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-23-2017 or emergency language will be repealed by operation of law on the following day.
4. New subsection (e) refiled 1-23-2017 as an emergency; operative 1-23-2017 (Register 2017, No. 4). A Certificate of Compliance must be transmitted to OAL by 4-24-2017 or emergency language will be repealed by operation of law on the following day.
5. New subsection (e) refiled 4-20-2017 as an emergency; operative 4-24-2017 (Register 2017, No. 16). A Certificate of Compliance must be transmitted to OAL by 7-24-2017 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-24-2017 order, including amendment of subsection (e), transmitted to OAL 6-13-2017 and filed 7-26-2017; amendments effective 7-26-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 30).

Note: Authority cited: Sections 19440, 19580, 19581 and 19582, Business and Professions Code. Reference: Sections 337(f), (g), and (h), Penal Code; and Sections 19401, 19440, 19580, 19581 and 19582, Business and Professions Code.

1. Repealer and new section filed 10-29-81; effective thirtieth day thereafter (Register 81, No. 44).
2. Amendment of section heading, text and Note filed 8-19-92; operative 9-18-92 (Register 92, No. 34).
3. New subsection (e) filed 7-25-2016 as an emergency; operative 7-25-2016 (Register 2016, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-23-2017 or emergency language will be repealed by operation of law on the following day.
4. New subsection (e) refiled 1-23-2017 as an emergency; operative 1-23-2017 (Register 2017, No. 4). A Certificate of Compliance must be transmitted to OAL by 4-24-2017 or emergency language will be repealed by operation of law on the following day.
5. New subsection (e) refiled 4-20-2017 as an emergency; operative 4/24/2017 (Register 2017, No. 16). A Certificate of Compliance must be transmitted to OAL by 7-24-2017 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-24-2017 order, including amendment of subsection (e), transmitted to OAL 6-13-2017 and filed 7-26-2017; amendments effective 7/26/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 30).