Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
017 - MAINE STATE HARNESS RACING COMMISSION
Chapter 11 - MEDICATIONS, PROHIBITED SUBSTANCES AND TESTING
Section 017-11-12 - OUT-OF-COMPETITION TESTING

Universal Citation: 01 ME Code Rules ยง 017-11-12

Current through 2024-13, March 27, 2024

1. Any horse on the grounds at a racetrack under the jurisdiction of the Commission, or stabled off association grounds while under the care or control of trainer or owner licensed by the Commission, is subject to testing without advance notice.

2. Horses to be tested shall be selected at the discretion of the Commission, executive director or a presiding judge.

3. Trainers shall fully comply with the instructions of the Commission, which may include but are not limited to the following: trainers shall present their horse(s) for testing at the specified time and place mandated by the Commission; testing procedures may be performed on the grounds of any Commission licensed association, trainer's training facility or any other location under Commission jurisdiction. Failure to comply shall result in the horse(s) being ineligible to race, and shall be considered a violation equivalent to a Class 1 positive. It is a defense to any action brought against an owner and/or trainer that good cause existed that prohibited the owner and/or trainer from complying with the time limits set forth in this subsection. The owner and/or trainer has the burden of proving that good cause existed by a preponderance of the evidence.

4. The Commission may require a licensed trainer to allow, at any time, a veterinarian employed by the Commission or the department, or a veterinarian designated by the Commission and accompanied by a state racing steward, access to a premises where the horse is kept for the purpose of obtaining a blood sample from a horse for out-of-competition testing. All samples obtained shall immediately be sealed in a suitable container and witnessed by the trainer or trainer's authorized agent and certified to by their signature.

5. Prohibited substances, practices, and procedures are defined as:

A. Blood doping agents including, but not limited to, erythropoietin (EPO), Darbepoetin, Oxyglobin, Hemopure, Aranesp, or any substance that abnormally enhances the oxygenation of body tissues;

B. Gene doping agents or the non-therapeutic use of genes, genetic elements, and/or cells that have the capacity to enhance athletic performance or produce analgesia;

C. The presence of any substance described in Paragraph A or B is prohibited and is a violation of this rule; and

D. The following conduct by a licensee shall be considered a violation of this rule:
(1) Possession of any substance as described in Paragraph A and/or B, the use of which may endanger the health and welfare of the horse, or endanger the safety of the driver, or which may adversely affect the integrity of racing;

(2) Possession and/or use of a drug, substance or medication that has not been approved by the United States Food and Drug Administration (FDA) for use in a horse in the United States; or,

(3) Possession and/or use of any product not clearly labeled, listing ingredients.

6. The trainer shall cooperate with a veterinarian employed by the Commission or the department, or a veterinarian designated by the Commission and accompanied by a state racing steward, by:

A. Assisting in the immediate location and identification of the horse(s) selected for out-of-competition testing;

B. Providing a stall or safe location to collect the samples;

C. Assisting in properly procuring the samples; and

D. Obeying any instruction necessary to accomplish the provisions of this rule.

Refusal to comply with the Commission's directives for obtaining a sample under this rule is a basis for suspension of a trainer's license.

7. The collection of blood, urine or hair samples under this rule shall be divided in three (3) parts:

A. The three parts are to be analyzed as follows:
1. Approved primary laboratory for screening;

2. Approved primary laboratory for confirmation; and,

3. Approved laboratory for split sample testing. The Commission shall approve the laboratories for screening, confirmation, and split sample testing.

B. In the event of an initial finding of a prohibited substance in violation of Commission Rules, the laboratory shall notify the Commission, both orally and in writing, and an oral and written notice shall be issued by the Commission to the owner and trainer or other responsible person no more than seventy-two (72) hours after receipt of the initial finding.

C. If a confirmatory test is desired of the third sample, the owner, trainer or other responsible person shall so notify the Commission in writing within seventy-two (72) after receipt of the written notification of the initial positive test.

8. In the absence of mitigating circumstances, a minimum penalty of a ten (10) year suspension and a ten thousand dollar fine ($10,000.00) will be assessed for any violation of subsection 5.

9. Unless otherwise noted, the other provisions of this section apply to out-of-competition testing.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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