Section 1858 - Test Sample Required(a) Blood and urine test samples shall be taken daily from the winner of every race, from horses finishing second and third in any stakes race with a gross purse of $75,000 or more, and from not less than six other horses designated for testing by the Equine Medical Director, the stewards or the official veterinarian.(b) The Board may at any time on any date take official blood, urine or other biological samples, in accordance with Rules 1859 and 1859.1, from a horse to enhance the ability of the Board to enforce its medication and anti-doping rules.(c) Every horse within the inclosure, every horse registered to race at an inclosure, every horse under the care or control of a licensed trainer, or owned by a licensed owner, or nominated, pre-entered or entered in any race that will be held within a licensed inclosure is subject to pre-race, post-race, and out-of-competition testing by the Board. No owner, trainer or other person having the care of a horse shall refuse to submit it for testing when directed by the Equine Medical Director, the Executive Director, the stewards or the official veterinarian. (1) For the purposes of this regulation, a horse is "registered to race at an inclosure" when the horse's registration papers are on file with a racing association under the jurisdiction of the Board, and/or the horse has raced at a licensed inclosure within the previous twelve (12) months.(2) A horse is "out of competition" when it is not entered in a race as defined in this Article. This regulation does not permit out of competition testing outside of a licensed inclosure on weanlings, yearlings, or any horse proven to be no longer engaged in horse racing unless such horse is entered in a horse sale authorized by the Board pursuant to Rule 1807. For purposes of this regulation, the following criteria may be used to prove that a horse is no longer engaged in horse racing:(A) it is registered as retired with one of the breed registry organizations identified in Rule 1402;(B) it is not a breed of horse that races in California;(C) it becomes breeding stock;(D) it has suffered an injury, or been subject to a procedure, that renders the horse permanently unfit to participate in a race as determined by the Official Veterinarian or Equine Medical Director; or(E) any other evidence is provided that proves the horse will no longer engage in racing in California as decided by the Equine Medical Director, the Executive Director, the stewards, or the official veterinarian.(3) Persons who apply for and are granted a trainer or owner license shall be deemed to have given their consent, as a condition of licensure, for the Board and its representatives to access any location, whether inside or outside of a licensed inclosure, where a horse eligible for testing may be found for the purpose of collecting official out-of-competition test samples. Such consent, however, does not permit the Board or its representatives to search the premises when collecting a test sample from a horse not within a licensed inclosure. Licensees shall take any steps necessary to authorize access by Board representatives to any location where a horse eligible for testing is present, and no person shall knowingly interfere with or obstruct the collection of an official test sample.Cal. Code Regs. Tit. 4, § 1858
1. Amendment filed 4-21-83; effective thirtieth day thereafter (Register 83, No. 17).
2. Amendment filed 2-9-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 6).
3. Amendment filed 8-23-90; operative 9-22-90 (Register 90, No. 41).
4. Amendment of section and NOTE filed 1-9-96; operative 2-8-96 (Register 96, No. 2).
5. Amendment of section and NOTE filed 2-6-2002; operative 3-8-2002 (Register 2002, No. 6).
6. Amendment filed 1-27-2010; operative 2-26-2010 (Register 2010, No. 5).
7. Editorial correction of first sentence (Register 2015, No. 3).
8. Amendment filed 1-13-2015; operative 4-1-2015 (Register 2015, No. 3).
9. Amendment filed 6-24-2019; operative 6-24-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 26). Note: Authority cited: Sections 19440, 19562 and 19580, Business and Professions Code. Reference: Section 19580(b), Business and Professions Code; and Sections 337f, 337g and 337h, Penal Code.
1. Amendment filed 4-21-83; effective thirtieth day thereafter (Register 83, No. 17).
2. Amendment filed 2-9-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 6).
3. Amendment filed 8-23-90; operative 9-22-90 (Register 90, No. 41).
4. Amendment of section and Note filed 1-9-96; operative 2-8-96 (Register 96, No. 2).
5. Amendment of section and Note filed 2-6-2002; operative 3-8-2002 (Register 2002, No. 6).
6. Amendment filed 1-27-2010; operative 2-26-2010 (Register 2010, No. 5).
7. Editorial correction of first sentence (Register 2015, No. 3).
8. Amendment filed 1-13-2015; operative 4/1/2015 (Register 2015, No. 3).
9. Amendment filed 6-24-2019; operative 6/24/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 26).