W. Va. Code R. § 178-2-51

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 178-2-51 - Medications and Drugs
51.1. No greyhound participating in a race shall have been given or administered any internal or external substance, narcotic, stimulant, local anesthetic or drug which is foreign to the natural greyhound. Innocuous compounds, such as flea/tick products are permitted under this rule and must be reported to Racing Commission Veterinarian prior to weigh-in and approved by die judges.
51.2. The trainer is the absolute insurer of and is responsible for die condition of die greyhound entered in a race, regardless of the acts of third parties. However, the owner of the greyhound, the foreman in charge of the greyhound, the attendant and any other person shown to have had the care, or attendance, of die greyhound may also be found in violation of this rule by die judges.
51.3. Any moneys and/or prizes won by a greyhound found to have been administered a substance in violation of this section shall be forfeited and redistributed.
51.4. An investigation by the Racing Commission or the association into an alleged violation of this section may result in the judges suspending all greyhounds racing out of the investigated kennel pending the conclusion of die investigation.
51.5. Any portion of die purse, if not already paid, which is to be redistributed in accordance with the provisions of this section, shall be held until the redistribution is approved by die judges. This subsection applies only to the amount payable to die owner or owners of the disqualified greyhound and shall not prevent payment due to other greyhounds in the race pending approval of the judges.
51.6. Urine, blood and other specimens shall be taken and tested from the greyhounds as the judges or die Racing Commission Veterinarian may designate. The Racing Commission Veterinarian or other persons designated by him/her shall collect the specimens. Testing is conducted under the supervision of the Racing Commission.
51.7. Samples collected may be frozen. All samples shall be submitted to a laboratory approved by the Racing Commission, to be known as official laboratory. The racing association shall pay all laboratory expenses for sample analysis.
51.8. The official laboratory selected by the Racing Commission shall be accredited by the Association of Official Racing Chemists. The official laboratory shall make all reports directly to the Racing Commission Veterinarian.
51.9. Each specimen shall be marked and bear any information that may be essential to its proper analysis. The identity of die greyhound from which the specimen was taken or the identity of its owner, trainer or kennel shall not be revealed to die official laboratory or its staff. The container of each specimen shall be sealed as soon as die specimen is placed in it.
51.10. No action shall be taken by the judges on the report of die official laboratory unless and until the substance or drug has been properly identified as well as the greyhound from which the specimen was taken nor until such time as an official report signed by the chemist has been received by the judges.
51.11. The winner and any other greyhounds that the judges may designate shall be taken immediately after the race to the testing area for the taking of specimens of body fluids and eliminations as directed by the Racing Commission Veterinarian.
51.12. The Judges or Racing Commission Veterinarian may also require the taking of specimens from any greyhound kenneled at an association during a race meeting.
51.13. The owner, trainer or authorized representative shall witness die taking of any specimen from his/her greyhound and sign the sample tag on such specimen. If, for any reason, the trainer is not or cannot be present at die time of collection die specimen from his/her greyhound, the person actually in custody of the greyhound is deemed authorized to witness the taking and sealing of the specimen and has the trainer's authority to sign as witness to this action. Provided, die Racing Commission Veterinarian is authorized to take any spceimen from the greyhound while in the lock-out kennel without the presence or witness of the owner, trainer or authorized representative.
51.14. No owner, trainer or authorized representative may willfully fail to witness the taking of a specimen, or impede, prevent or otherwise interfere with die taking of any specimen, or refuse to sign die specimen tag to the taking of a specimen. Such conduct shall be reported to the judges, who may subject the person or persons guilty of the interference to immediate suspension from the meeting. However, any owner, trainer, or authorized representative may sign, under protest, die specimen tag as long as die reason for the protest is stated in writing and given to the Racing Commission Veterinarian.
51.15. The Racing Commission Veterinarian, the judges or authorized representatives of die Racing Commission may confiscate any substances or other items suspected of containing improper substances which could affect the racing condition of a greyhound in a race, which may be found in the kennels or elsewhere on the racetracks or in die possession of such tracks or any person connected with racing. These substances or items shall be delivered to die official laboratory for analysis under die same conditions as are prescribed for analysis of saliva and urine. Once returned from die official laboratory, the Racing Commission may, if necessary, maintain custody of the confiscated medicine or items.

W. Va. Code R. § 178-2-51