La. Admin. Code tit. 35 § XI-9914
Current through Register Vol. 50, No. 9, September 20, 2024
Section XI-9914 - Voided and Voidable ClaimsA. A claim shall be voided if a horse is a starter as determined by the regulatory authority, and the horse:1. dies on the racetrack; or2. suffers an injury which requires the euthanasia of the horse as determined by the official veterinarian while the horse is on the racetrack.B. A claim is voidable at the discretion of the new owner for a period of one hour after the race is made official, for any horse:1. that is vanned off the track at the direction of the official veterinarian; or2. that is observed by the official veterinarian to be lame or unsound while on the racetrack for that race; or3. that is observed by the official veterinarian to have bled through its nostrils while on the track.C. The successful claimant may request on the claim blank at the time he makes his claim that the horse be tested for the presence of equine infectious anemia via a Coggins test and/or erythropoietin and/or darbepoietin.1. Should the test for equine infectious anemia prove positive, it shall be cause for a horse to be returned to his previous owner and barred from racing in the state of Louisiana.2. Should the test for recombinant erythropoietin and/or darbepoietin prove positive, it shall be cause for a horse to be returned to his previous owner and barred from racing in the state of Louisiana until such time as the horse tests negative.3. Additionally, if such erythropoietin and/or darbepoietin positive result is found, the claimant, claimant's trainer or claimant's authorized agent shall have 48 hours in which to request the claim be declared invalid, such request to be made in writing to the stewards.4. The expense of the tests and the maintenance of the horse during the period requested for the tests shall be absorbed by the successful claimant.5. If such tests are requested the claimed horse will be sent to the retention barn of the Louisiana State Racing Commission where the state veterinarian will draw blood samples. a. Blood samples drawn to test for equine infectious anemia shall be sent to a laboratory approved by the Louisiana Livestock Sanitary Board for the conduct of such test.b. Blood samples drawn to detect by immunoassay recombinant erythropoietin and/or darbepoietin shall be sent to the Louisiana State Racing Commission's state chemist.6. Notwithstanding any inconsistent provision of the Part, a horse shall not be subject to disqualification from the race and from any share of the purse in the race, and the trainer of the horse shall not be subject to application of trainer's responsibility based upon the finding by the laboratory that erythropoietin and/or darbepoietin was present in the sample taken from that horse.La. Admin. Code tit. 35, § XI-9914
Promulgated by the Office of the Governor, Division of Administration, Racing Commission LR 482290 (9/1/2022).AUTHORITY NOTE: Promulgated in accordance with R.S. 4:141, R.S. 4:142 and R.S. 4:148.