N.J. Admin. Code § 13:70-6.53

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:70-6.53 - Eligibility; registration required

(a) In order to be eligible to enter and start in races exclusively for New Jersey bred foals, each New Jersey bred "accredited" and/or "non-accredited" foal must be registered with the Thoroughbred Breeders' Association of New Jersey.

(b) To qualify for such registration, the said horse must have been foaled in the State of New Jersey by a resident New Jersey mare or a non-resident New Jersey mare or conceived by a resident "New Jersey stallion."

1. A resident New Jersey mare is a mare that resides in New Jersey continuously from November 1 of the year prior to the foaling through the date of foaling. A mare purchased at public auction subsequent to October 17th of the year prior to foaling, is considered a resident New Jersey mare provided that she commences residence in New Jersey within two weeks of her purchase and continuously resides in New Jersey through the date of foaling. For the purpose of this paragraph, public auction is defined as an auction generally regarded as a public auction in the thoroughbred horse industry and recognized as same by the Thoroughbred Breeders' Association of New Jersey.

2. A non-resident New Jersey mare is a mare that has not been returned to New Jersey by November 1 of the year prior to foaling. The resulting foal may still be registered as a New Jersey-bred provided the mare is bred to a registered New Jersey stallion the season of the birth of said foal and remain in New Jersey for a continuous period of 90 days after foaling.

3. "New Jersey stallion" is a stallion resident and standing in the State of New Jersey the full breeding season, commonly understood to be the period from February 1 through July 1 of the subject year. If a stallion is brought into New Jersey subsequent to the start of the breeding season, he may be approved as a "New Jersey stallion" by the New Jersey Racing Commission upon recommendation of the Board of Trustees of the Thoroughbred Breeders' Association of New Jersey provided that he stands and is resident in New Jersey for the remainder of the breeding season. For those stallions brought into New Jersey subsequent to the commencement of the breeding season, approval by the Thoroughbred Breeders' Association of New Jersey as a "New Jersey stallion" is only for the period from the date of approval through the end of the breeding season. All "New Jersey stallions" must be registered with the Thoroughbred Breeders' Association of New Jersey and all appropriate annual fees paid prior to February 1 of the breeding season or, in the case of a stallion entering the State subsequent to the start of the breeding season, prior to serving the first mare. Failure to meet the above criteria solely by reason of the death of the stallion does not disqualify said stallion as a "New Jersey stallion."

(c) Only New Jersey bred foals as defined below are eligible to enter and start in races exclusively for New Jersey bred foals. New Jersey bred foals are placed in two categories which are defined as follows:

1. An "accredited" New Jersey bred foal is a horse that is:

i. Registered with the Jockey Club;

ii. Foaled in New Jersey during a period in which the mare is considered a resident "New Jersey mare" as defined in (b)1 above; and

iii. Registered with the Thoroughbred Breeders' Association of New Jersey with all applicable fees paid prior to one year after the foaling date by the "breeder" of the foal.

2. A "non-accredited" New Jersey bred foal is a horse that is born between 2005 and 2010 and is:

i. Registered with the Jockey Club;

ii. Foaled in New Jersey during a period in which the mare is considered a non-resident "New Jersey mare" as defined in (b)2 above;

iii. Conceived in New Jersey by a "New Jersey stallion" as defined in (b)3 above but not foaled in New Jersey; and

iv. Registered with the Thoroughbred Breeders' Association of New Jersey with all applicable fees paid.

(d) Awards, if any, for "horse owners," "breeders," and/or "stallion owners" from races exclusively for New Jersey bred foals may differ between "accredited" New Jersey bred horses and "non-accredited" New Jersey bred horses in accordance with rules established and changed from time to time by the Thoroughbred Breeders' Association of New Jersey.

1. "Horse owner" is owner or lessee of record of a horse with the Jockey Club and Race Secretary at the time of the race.

2. "Breeder" of a foal is owner of the dam at the time of foaling as stated on the foal's Jockey Club certificate of registration.

3. "Stallion owner" is the owner of record of the stallion at the time of conception of the subject foal. In order to be eligible for "stallion owner" awards, the subject foal must have been conceived in New Jersey.

(e) The breeder is responsible for the registering of the foal as an "accredited" or "non-accredited" New Jersey bred foal.

(f) A breeder who registers or attempts to register a foal based upon false or fraudulent information may be subject to any or all of the following sanctions by the Thoroughbred Breeders' Association:

1. The horse may no longer be considered a New Jersey bred foal;

2. Any New Jersey breeder awards earned by an ineligible horse shall be forfeited to the Thoroughbred Breeders' Association of New Jersey;

3. The breeder may be denied the privilege of registering any horses as New Jersey bred foals or as New Jersey stallions for a time period determined by the Thoroughbred Breeders' Association;

4. The breeder may be denied the benefit of any and all breeder awards in New Jersey for a time period determined by the Thoroughbred Breeders' Association.

(g) Any owner or breeder may appeal the decision of the Thoroughbred Breeders' Association of New Jersey concerning the registration of a horse under this rule to the New Jersey Racing Commission.

(h) All fees for registration of foals, horses of racing age and stallions as established by the Thoroughbred Breeders' Association of New Jersey shall be subject to the approval of the Commission, which approval shall be based upon the Commission's review of a full accounting of fees received and the disposition and purposes for which the revenue collected by the Association is utilized in order to comply with the rules of racing and the terms of New Jersey statutes, the purposes of which are to improve and develop the thoroughbred breeding industry in the State.

N.J. Admin. Code § 13:70-6.53

R.1976 d.125, eff. 4/22/1976.
See: 8 N.J.R. 47(b), 8 N.J.R. 308(a).
As amended, R.1984 d.45, eff. 2/21/1984.
See: 15 N.J.R. 2147(a), N.J.R. 378(a).
(a)3. changed July to July 1st, (a)3. i and ii added.
New Rule R.1985 d.203, effective 5/6/1985.
See: 17 N.J.R. 271(a), 17 N.J.R. 1135(b).
Repealed old rule and adopted this new rule.
Amended by R.1995 d.617, effective 12/4/1995.
See: 27 N.J.R. 3304(b), 27 N.J.R. 4904(a).
Petition for Rulemaking.
See: 35 N.J.R. 4332(b), 4921(b).
Amended by R.2004 d.358, effective 9/20/2004.
See: 36 N.J.R. 2157(a), 36 N.J.R. 4319(b).
Rewrote the section.
Petition for Rulemaking: New Jersey Racing Commission: eligibility; registration required.
See: 38 N.J.R. 1609(a).
Petition for Rulemaking: New Jersey Racing Commission; Notice of Action on Petition for Rulemaking: Eligibility; Registration Required.
See: 38 N.J.R. 1880(b).
Amended by R.2007 d.121, effective 5/7/2007.
See: 39 N.J.R. 23(a), 39 N.J.R. 1765(a).
In the introductory paragraph of (b), inserted "a non-resident New Jersey mare or"; added new (b)2; recodified former (b)2 as (b)3; added new (c)2ii; recodified former (c)2ii and (c)2iii as (c)2iii and (c)2iv; and updated internal reference at (c)2iii.
Petition for Rulemaking.
See: 40 N.J.R. 6236(a), 40 N.J.R. 6659(a).
Petition for Rulemaking.
See: 41 N.J.R. 2734(a), 2806(a).
Amended by R.2009 d.285, effective 9/21/2009.
See: 41 N.J.R. 2441(a), 41 N.J.R. 3460(b).
In (b)1 and (b)2, substituted "November" for "September"; in (b)1, substituted "October" for "August"; and in (b)2, inserted "been".
Amended by R.2010 d.264, effective 11/15/2010.
See: 42 N.J.R. 1136(a), 42 N.J.R. 2807(a).
In the introductory paragraph of (c)2, inserted "born between 2005 and 2010 and is".