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09.10.01.64 - Racing Commission - Pending Regulations

 

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 40, ISSUE 13,
FRIDAY, JUNE 28, 2013

Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 10 RACING COMMISSION

09.10.03 Prohibited Acts

Authority: Business Regulation Article, §11-210, Annotated Code of Maryland

Notice of Proposed Action
[13-172-P]

The Maryland Racing Commission proposes to amend Regulations .01, .04, and .08, and adopt new Regulation .01-1 under COMAR 09.10.03 Prohibited Acts. This action was considered by the Maryland Racing Commission at a public meeting held on April 16, 2013, notice of which was given pursuant to State Government Article, §10-506(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to establish permissive levels of certain drugs and medications that may be in a horse’s system on a live racing day, and to prohibit the administration of any adjunct bleeder medication to a horse on a race day.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to J. Michael Hopkins, Executive Director, Maryland Racing Commission, 300 East Towsontown Boulevard, or call 410-296-9682, or email to mhopkins@dllr.state.md.us, or fax to 410-296-9687. Comments will be accepted through August 2, 2013. A public hearing has not been scheduled.

.01 Definitions.
  A. (text unchanged)
  B. Terms Defined.
    (1) Drug.
      (a) [Except as provided in §B(1)(b) of this regulation, “drug”] “Drug” means a substance which may have a pharmacological effect on a horse, and:
        (i)—(v) (text unchanged)
      (b) [Except as provided in §B(1)(c) of this regulation, “drug” does not include:
        (i) Phenylbutazone, quantitated at less than 2 micrograms per milliliter of the blood plasma of a horse;
        (ii) Flunixin quantitated at less than 20 nanograms per milliliter of blood plasma;
        (iii) Caffeine quantitated at less than 100 nanograms per milliliter of blood plasma;
        (iv) Furosemide (Lasix), as provided in Regulation .08 of this chapter;
        (v) A substance administered as an adjunct to Lasix in accordance with Regulation .08 of this chapter;
        (vi) Stanozolol quantitated at less than 1 nanogram per milliliter of urine;
        (vii) Nandrolone quantitated at less than 1 nanogram per milliliter of urine taken from a gelding, filly, or mare;
        (viii) Boldenone quantitated at less than 15 nanograms per milliliter of urine taken from a colt or horse;
        (ix) Testosterone quantitated at less than 20 nanograms per milliliter of urine taken from a gelding; and
        (x) Testosterone quantitated at less than 55 nanograms per milliliter of urine taken from a filly or mare.
      (c)] “Drug” includes the combination of phenybutazone and flunixin [in quantities described under §B(1)(b)(i) and (ii) of this regulation.] if:
        (i) Phenylbutazone is quantitated at more than 0.3 micrograms per milliliter of blood plasma or serum; and
        (ii) Flunixin is quantitated at more than 3.0 nanograms per milliliter of blood plasma or serum.

    (2)—(3) (text unchanged)

.01-1 Restricted Use of Medications and Other Substances.
The use of the following medications and other substances are permitted if quantitated at not more than the specified thresholds:
  A. Acepromazine quantitated at not more than 10 nanograms per milliliter of HEPS in urine;
  B. Betamethasone quantitated at not more than 10 picograms per milliliter of blood plasma or serum;
  C. Butorphanol quantitated at not more than 300 nanograms per milliliter of total butorphanol in urine, or 2 nanograms per milliliter of free butorphanol in blood plasma or serum;
  D. Caffeine quantitated at not more than 100 nanograms per milliliter of blood plasma or serum;
  E. Clenbuterol quantitated at not more than 140 picrograms per milliliter of urine, or the limit of detection in blood plasma or serum;
  F. Dantrolene quantitated at not more than 100 picrograms per milliliter of 5-hydroxydantrolene in blood plasma or serum;
  G. Detomidine quantitated at not more than 1 nanogram per milliliter of carboxydetomidine in urine, or the limit of detection for detomidine in blood plasma or serum;
  H. Dexamethasone quantitated at not more than 5 picograms per milliliter of blood plasma or serum;
  I. Diclofenac quantitated at not more than 5 nanograms per milliliter of blood plasma or serum;
  J. Dimethlysulfoxide (DMSO) quantitated at not more than 10 micrograms per milliliter of blood plasma or serum;
  K. Firocoxib quantitated at not more than 20 nanograms per milliliter of blood plasma or serum;
  L. Flunixin quantitated at not more than 20 nanograms per milliliter of blood plasma or serum;
  M. Furosemide (Lasix), as provided in Regulation .08 of this chapter;
  N. Glycopyrrolate quantitated at not more than 3 picograms per milliliter of blood plasma or serum;
  O. Ketoprofen quantitated at not more than 10 nanograms per milliliter of blood plasma or serum;
  P. Lidocaine quantitated at not more than 20 picograms per milliliter of total 3-hydroxylidocaine in blood plasma or serum;
  Q. Mepivacaine quantitated at not more than 10 nanograms per milliliter of total hydroxymepivacaine in urine, or the limit of detection of mepivacaine in blood plasma or serum;
  R. Methocarbamol quantitated at not more than 1 nanogram per milliliter of blood plasma or serum;
  S. Methylprednisone quantitated at not more than 100 picograms per milliliter of blood plasma or serum;
  T. Omeprazole quantitated at not more than 1 nanogram per milliliter of urine;
  U. Phenylbutazone quantitated at not more than 2 micrograms per milliliter of the blood plasma or serum;
  V. Prednisolone quantitated at not more than 1 nanogram per milliliter of blood plasma or serum;
  W. Procaine Penicillin quantitated at not more than 25 nanograms per milliliter of blood plasma or serum;
  X. Tiamcinolone acetonide quantitated at not more than 100 picograms per milliliter of blood plasma or serum;
  Y. Xylazine quantitated at not more than .01 nanograms per milliliter of blood plasma or serum;
  Z. Stanozolol quantitated at not more than 1 nanogram per milliliter of urine;
  AA. Nandrolone quantitated at not more than 1 nanogram per milliliter of urine taken from a gelding, filly, or mare;
  BB. Boldenone quantitated at not more than 15 nanograms per milliliter of urine taken from a colt or horse;
  CC. Testosterone quantitated at not more than 20 nanograms per milliliter of urine taken from a gelding; and
  DD. Testosterone quantitated at not more than 55 nanograms per milliliter of urine taken from a filly or mare.

.04 Drug Prohibition—Horses.
  A. Other than Lasix administered in accordance with the regulations in this chapter, [An] an individual may not administer, cause to be administered, participate, or attempt to participate in any way in the administration of [a] any drug or medication to a horse:
    (1)—(2) (text unchanged)
  [B. Notwithstanding any other provision of this chapter, no substance of any kind may be administered to a horse within 2 hours of the scheduled post time for the race in which the horse is entered.]
  [C.] B. A horse participating in a race may not carry [a drug] in its body[.] :
    (1) A drug; or
    (2) A medication or other substance quantitated at more than the thresholds prescribed in Regulation .01-1 of this chapter.

  [D.] C. The presence of a drug or a medication or other substance quantitated at more than the thresholds prescribed in Regulation .01-1 of this chapter in the post-race urine, blood, or other sample taken from a horse is prima facie evidence that the:
    (1)—(2) (text unchanged)
  [D-1.] D. (text unchanged)
  [E.] (proposed for repeal)
  [F.] E. (text unchanged)
  [G.] F. Enforcement.
    (1) The stewards or judges may order the:
      (a)—(b) (text unchanged)
      (c) Denial, forfeiture, and prompt return of a purse, sweepstakes, trophy, or any other reward received by the owner of a horse found to have carried a drug or a medication or other substance quantitated at more than the thresholds prescribed in Regulation .01-1 of this chapter in its body during a race;
      (d) Redistribution of the items denied, forfeited, and returned, resulting from the disqualification of a horse found to have carried a drug or a medication or other substance quantitated at more than the thresholds prescribed in Regulation .01-1 of this chapter in its body during a race, to those owners whose horses were advanced by the disqualification.
    (2) If the stewards or judges order a disqualification due to a horse having carried a drug or a medication or other substance quantitated at more than the thresholds prescribed in Regulation .01-1 of this chapter in its body during a race, they shall issue a ruling announcing the disqualification.
  [H.] G. (text unchanged)

.08 Bleeders.
  A. (text unchanged)
  [A-1.] (proposed for repeal)
  B.—E. (text unchanged)
  F. Race Day Administration of Lasix.
    (1) Unless a horse has been declared off of Lasix pursuant to §G of this regulation, [A] a horse [scheduled to race] that is permitted to use Lasix shall be administered Lasix on the day of the race only by a veterinarian [licensed by the Commission before the running of the race unless, under §G of this regulation, the horse has been declared off of Lasix by its owner or trainer] designated by the Commission to perform such a function.
    (2) [Post-Race Quantitation.] As indicated by post-race quantitation, a horse may not carry in its body at the time of the running of a race not more than 100 nanograms of Lasix per milliliter of plasma or serum.
    (3) Reports.
      (a) The veterinarian who administers Lasix to a horse scheduled to race shall prepare a written certification indicating[:
        (i) That] that Lasix was administered[; and
        (ii) If applicable, each adjunct medication that was administered].
      (b)—(c) (text unchanged)
  G. (text unchanged)
  H. Program Notice.
    (1) Of the horses scheduled to race, the official program shall denote the horses which have been administered:
      (a) Lasix; and
      (b) Lasix for the first time[; and
      (c) Lasix and one or more adjunct medications].
    (2) If the official program contains past performance lines, each past performance line shall indicate if the horse was administered[;
      (a)] Lasix[; or
      (b) Lasix and an adjunct medication].
  [I.] (proposed for repeal)

J. MICHAEL HOPKINS
Executive Director