810 KAR 8:060 - Post-race sampling and testing procedures
RELATES TO: KRS 230.215, 230.240, 230.260, 230.265(2), 230.290(2), 230.320(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) authorizes the Kentucky Horse Racing and Gaming Corporation (the "corporation") to promulgate administrative regulations prescribing conditions under which all legitimate horse racing and pari-mutuel wagering thereon is conducted in Kentucky. KRS 230.240(2) requires the corporation to promulgate administrative regulations restricting or prohibiting the administration of drugs or stimulants or other improper acts to horses prior to the horse participating in a race. This administrative regulation establishes requirements and controls in post-race sampling and testing to ensure that prohibited substances are not used.
Section 1. Test Barn. In
addition to the procedures established in 810 KAR 8:010, Section 11, the
corporation shall require the following procedures:
(1) A security guard employed by a licensed
association shall regulate access to the test barn during and immediately
following each race; and
(2) All
individuals who wish to enter the test barn shall be:
(a) Currently licensed by the
corporation;
(b) Display their
corporation identification badge; and
(c) Have the permission of the corporation
veterinarian or his or her designee to be in the test barn.
Section 2. Race
Classifications for Sampling.
(1) For races
with purses of $2,500 or less:
(a) The horse
finishing first shall be sampled and a portion of the specimen shall be
designated as a gold sample; and
(b) The chief state steward, presiding judge,
or his or her designee, may select one or more other horses to be sampled and
shall designate a portion of each specimen as a red sample or a gold sample in
accordance with Section 4 of this administrative regulation.
(2) For races with purses that
exceed $2,500 but are less than $200,000:
(a)
The horse finishing first and at least one (1) other horse shall be
sampled;
(b) The chief state
steward, presiding judge, or his or her designee, shall designate a portion of
each specimen as a red sample or a gold sample in accordance with Section 4 of
this administrative regulation; and
(c) A portion of at least one (1) specimen
from each race shall be designated as a gold sample.
(3) For races with purses of $200,000 or
more:
(a) The horses finishing first, second,
and third shall be sampled;
(b) The
chief state steward, presiding judge, or his or her designee, may select one or
more other horses to be sampled and shall designate a portion of each specimen
as a red sample or a gold sample in accordance with Section 4 of this
administrative regulation; and
(c)
Portions of at least three (3) specimens shall be designated as gold
samples.
Section
3. Selection of Horses and Designation of Samples.
(1) In selecting horses for sampling and
designating portions of specimens as gold samples or red samples, the chief
state steward, presiding judge, or his or her designee, shall consider all
information available, including:
(a) The
performance of a horse favored to win the race by the wagering
patrons;
(b) The performance of
horses considered to be long-shots to win the race by the wagering
patrons;
(c) The betting patterns
of wagering patrons;
(d) A
trainer's recent statistical performance in relation to his or her historical
statistical performance; and
(e)
Security intelligence.
(2) The chief state steward, presiding judge,
or his or her designee shall notify the test barn promptly upon completion of a
race as to which horse or horses shall be sampled.
(3) Prior to the close of business on the
date of sampling, the chief state steward, presiding judge, or his or her
designee shall notify the test barn in writing regarding which samples are
designated as gold samples and which samples are designated as red
samples.
Section 4.
Sampling.
(1) A horse designated for sampling
by the stewards or judges shall proceed immediately to the test barn following
each race to have a specimen collected under the direction of the corporation
veterinarian.
(2) If an adequate
specimen cannot be obtained from a horse designated for sampling within sixty
(60) minutes after arrival at the testing barn, the corporation veterinarian
may require an individual employed by the corporation to accompany the horse
from the test barn to its stall and remain with the horse until an adequate
specimen is obtained.
(3) All
sampling shall be performed in accordance with 810 KAR 8:010, Section
12.
(4) Split samples shall be
subject to the provisions and procedures established in 810 KAR 8:010, Section
13, and the chain of custody of any split sample shall be maintained in
accordance with the procedures established in 810 KAR 8:010, Section
14.
Section 5. Shipment
and Testing.
(1) All gold samples and red
samples shall be labeled and sent to the corporation laboratory for testing in
accordance with the procedures established in 810 KAR 8:010, Section
12.
(2) A technician at the
corporation laboratory shall create a log of each sample received and enter the
color code into the Laboratory Information Management System or other
information management system approved by the corporation.
(3) All gold samples shall be
tested.
(4) Fifty (50) percent of
all red samples shall be randomly selected by the Laboratory Information
Management System, or other information management system approved by the
corporation, and tested.
(5) All
red samples that are not selected for testing shall be frozen or refrigerated
and retained pursuant to a contract between the corporation and the corporation
laboratory.
(6) If a sample tests
positive for a prohibited substance by 810 KAR Chapter 8, all specimen or
specimens collected from horses who competed in the same race shall be
tested.
Notes
STATUTORY AUTHORITY: KRS 230.215(2), 230.240(2)
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