Section Lot 8009.03 - ARCI Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule(a) Except as otherwise provided in this part, the definition and use of foreign substances, and penalty provisions for the improper use of such substances shall be as set forth in the ARCI "Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule" (version 13.4, January 2018), available as noted in Appendix B.(b) Subject to the exceptions set forth in (f) and (g) below, no horse shall race if that horse: (1) Has within its bodily system any substance listed on the alphabetical list or listing by classification of the ARCI "Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule" (January 2018), available as noted in Appendix B; or(2) Has been subjected to prohibited practices specified in the ARCI "Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule" (January 2018), available as noted in Appendix B.(c) No person under the jurisdiction of the commission shall engage in those acts for which a penalty applies under (d) below.(d) Except as provided in (f), (g), and (h) below, the penalty provisions of the ARCI "Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule" (January 2018), available as noted in Appendix B, shall apply to any person under the jurisdiction of the commission who: (1) Administers or applies to a horse that is entered to participate in a race, that is racing, or that has completed a race and is subject to having a blood, urine, or other sample taken but not yet had that sample taken, any substance that is listed on the alphabetical list or listing by classification of the ARCI "Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule" (January 2018), available as noted in Appendix B;(2) Acts contrary to the provisions of RSA 284: 38 as it applies to horses;(3) Adds to any blood, urine, or other sample taken from a horse a substance listed in the ARCI "Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule" (January 2018), available as noted in Appendix B, whether or not that substance is specifically classified therein;(4) Engages in prohibited practices specified by the ARCI "Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule" (January 2018), available as noted in Appendix B;(5) Instructs that any of the foregoing actions be taken by another person;(6) Assists or aids in the taking of any of the foregoing actions; or(7) Otherwise causes a horse to race with a substance in its system that is listed in the alphabetical list or listing by classification of the ARCI "Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule" (January 2018), available as noted in Appendix B, or otherwise causes the occurrence of a prohibited practice under the ARCI "Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule" (January 2018), available as noted in Appendix B.(e) A trainer of record, as insurer of a horse's condition under RSA 284:38-a, shall, in addition to the provisions of (c) above, be subject to the following provisions: (1) The penalty provisions of the ARCI "Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule" (January 2018), available as noted in Appendix B, shall apply to any trainer of record of a horse that races contrary to the provisions of (b) above; and(2) The penalty provisions of the ARCI "Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule" (January 2018), available as noted in Appendix B, shall apply to any trainer of record of a horse that is the subject of the acts referred to in (d) above.(f) The prohibition on racing contained in (b) above shall not apply to the substance known as furosemide or to the substance known as phenylbutazone, the prohibitions on which shall be as set forth in Lot 8009.07 below. The penalty provisions of (d) (1), (d) (5), (d) (6), and (d) (7) above, or (e) above as it relates to those provisions, shall not apply in the case of the use of those substances for their intended purposes except as provided in Lot 8009.07 below.(g) The prohibition on racing contained in (b) above and the penalty provisions of (d) and (e) above as they apply to the substances known as erythropoietin or darbepoietin shall be subject to the additional provisions of Lot 8009.08 below.(h) In cases other than those involving furosemide or phenylbutazone, which shall be handled according to Lot 8009.07, the penalty provisions of (d) (1), (d) (5), (d) (6), and (e) above shall not apply to the following persons in the following circumstances: (1) A veterinarian who, for generally accepted veterinary medical purposes, and acting at such time as is necessary for the health of the horse, administers or directs the administration of a substance classified as a class 2, 3, 4, or 5 drug under the ARCI "Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule" (January 2018), available as noted in Appendix B;(2) A veterinary assistant who, operating under the direction of a veterinarian who is acting for generally accepted veterinary medical purposes and at such time as is necessary for the health of the horse, administers a substance specified under (h) (1) above; or(3) A trainer of a horse which has been properly administered a class 2, 3, 4, or 5 substance by a veterinarian or veterinary assistant under the circumstances described in (h) (1) or (h) (2) above, if the horse does not race with a substance in its system contrary to (b) above.(i) A horse administered a substance for which no penalty applies under (h) above shall, in accordance with Lot 8009.03 (b), nonetheless not race.N.H. Admin. Code § Lot 8009.03
Derived From Volume XXXVIII Number 23, Filed June 7, 2018, Proposed by #12544, Effective 6/1/2018, Expires 6/1/2028.