N.H. Admin. Code § Lot 8009.05

Current through Register No. 45, November 7, 2024
Section Lot 8009.05 - Administration of Substances Via Tube, Syringe, or Other Artificial Means Prior to Race
(a) No person under the jurisdiction of the commission shall engage in those acts for which a penalty applies under (c) (1) - (4) below.
(b) A trainer of record shall:
(1) In accordance with RSA 284:38-a, be responsible for, and be the insurer of the condition of, any horse used for the purposes of racing which such trainer enters into a race; and
(2) In addition to the prohibitions of (a) above, be subject to the imposition of penalties in the circumstances set forth in (c) (5) below.
(c) The penalties set forth in (e) below shall apply to any person under the jurisdiction of the commission who:
(1) Introduces or administers any substance, via a tube, syringe, or other artificial means, directly into the stomach of a horse within 24 hours before a scheduled race, except as a veterinarian administering such substances for generally accepted veterinary medical purposes, and at such time as is necessary for the health of the horse, or as a person assisting such veterinarian in such circumstances;
(2) Instructs that any action prohibited under (c) (1) above be taken by another person;
(3) Assists or aids in the taking of any action that is prohibited by (c) (1) above;
(4) Otherwise causes a horse to race, in any type of race, after administration of a substance contrary to (c) (1) above; or
(5) Is the trainer of record of a horse that has been administered a substance contrary to (c) (1) above or which runs contrary to (d) below.
(d) No horse shall race if any substance has been introduced or administered, via tube, syringe or other artificial means directly into that horse's stomach within 24 hours before a race, regardless of whether such introduction or administration was conducted by a veterinarian for generally accepted veterinary medical purposes at such time as is necessary for the health of the horse, or by a person assisting such veterinarian in such circumstances.
(e) A violation of (a) above, or the existence of circumstances subjecting a trainer of record to penalties under (b) above shall, for the purposes of the imposition of penalties, be treated as if it constitutes an infraction of the ARCI "Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule" for which the penalty provisions relative to a class 4 drug apply.

N.H. Admin. Code § Lot 8009.05

Derived From Volume XXXVIII Number 23, Filed June 7, 2018, Proposed by #12544, Effective 6/1/2018, Expires 6/1/2028.