Section Lot 8009.04 - Additional Prohibited Substances(a) Except as provided in (f) and (g) below, no horse shall race if that horse has within its bodily system any substance, whether or not specifically listed or identified 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, if that substance falls within the classification definitions or the drug classification scheme for a class 1, 2, 3, 4 or 5 substance as set forth in the ARCI "Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule" (January 2018) available as noted in Appendix B.(b) No person under the jurisdiction of the commission shall engage in those acts for which a penalty applies under (c) below.(c) Except as otherwise provided in (f), (g), and (h) below, the penalties set forth in (e) below shall apply to any person under the jurisdiction of the commission who: (1) Administers or applies to a horse that is subject to having a blood, urine, or other sample taken but not yet had that sample taken, any substance that falls within the classification definitions or the drug classification scheme for a class 1, 2, 3, 4, or 5 substance as set forth in the ARCI "Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule" (January 2018), available as noted in Appendix B;(2) Adds to any blood, urine, or other sample taken from a horse a substance that falls within the classification definitions or the drug classification scheme for a class 1, 2, 3, 4, or 5 substance as set forth in the ARCI "Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule" (January 2018), available as noted in Appendix B;(3) Instructs that any of the foregoing actions be taken by another person;(4) Assists or aids in the taking of any of the foregoing actions; or(5) Otherwise causes a horse to race with a substance in its system that falls within the classification definitions or the drug classification scheme for a class 1, 2, 3, 4 or 5 substance as set forth in the ARCI "Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule" (January 2018) available as noted in Appendix B.(d) A trainer of record, as insurer of a horse's condition under RSA 284:38-a, shall, in addition to the provisions of (b) above, be subject to the following provisions: (1) The penalty provisions set forth in (e) below shall apply to any trainer of record of a horse that races contrary to the provisions of (a) above; and(2) The penalty provisions set forth in (e) below shall apply to any trainer of record of a horse that is the subject of the acts referred to in (c) above.(e) Subject to the exceptions of (f), (g) and (h) below, the penalty of the ARCI "Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule" (January 2018), available as noted in Appendix B, that is specified for violations relating to the particular type or class of substance at issue, be it a class 1, 2, 3, 4, or 5 substance, shall apply to violations of this section.(f) The prohibition on racing contained in (a) 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 (c) (1), (c) (3), (c) (4), and (c) (5) above, or (d) above as they relate 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 (a) above and the penalty provisions of (b) and (d) above as they apply to the substances known as erythropoietin or darbepoietin shall be subject to the additional provisions of Lot 8009 below.(h) The penalty provisions of (c) (1), (c) (3), (c) (4), and (d) 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 that falls within the classification definitions of 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 substance that falls within the classification definitions of 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, 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 (a) above.(i) A horse administered a substance for which no penalty applies under (h) above shall, in accordance with Lot 8009.04(a), nonetheless not race.N.H. Admin. Code § Lot 8009.04
Derived From Volume XXXVIII Number 23, Filed June 7, 2018, Proposed by #12544, Effective 6/1/2018, Expires 6/1/2028.