N.Y. Racing, Pari-Mutuel Wagering and Breeding Law § 902-a: Standardbred total carbon dioxide (TCO2) on-track drug testing program

§ 902-a. Standardbred total carbon dioxide (TCO2) on-track drug

testing program. 1. Program. The commission shall establish and

administer a program to conduct on-track drug testing for excess levels

of TCO2 in standardbred horses entered to race at licensed harness

tracks in this state. Such program shall include on-track pre-race

testing done by the commission or its employees or representatives in

accordance with this section and regulations promulgated by the

commission. For the purposes of this section, the term "TCO2" shall mean

total carbon dioxide.

2. Recurring annual expenses. (a) The commission shall mandate an

additional amount to be added to start fees, outlined in subdivision one

of section one hundred fifteen-a of this chapter, necessary to cover

fifty percent of the costs to support the program established by this

section for the applicable calendar year.

(b) The commission shall mandate corporations or associations

authorized under this chapter to conduct pari-mutuel betting at a

standardbred race meeting or standardbred races run thereat to make

payment, or payments, to the racing regulation account in the amount

necessary to cover fifty percent of the costs to support the program

established by this section for the applicable calendar year. The

commission shall determine the frequency and manner of such payments.

(c) (i) No later than January thirty-first of the applicable year, the

commission shall notice the applicable organization representing at

least fifty-one percent of the owners and trainers using the facilities

of the applicable corporation or association authorized under this

chapter to conduct pari-mutuel betting at a standardbred race meeting or

standardbred races run thereat of the additional amount to be included

in the start fees outlined in paragraph (a) of this subdivision during

the applicable calendar year.

(ii) No later than January thirty-first of the applicable year, the

commission shall notice corporations or associations authorized under

this chapter to conduct pari-mutuel betting at a standardbred race

meeting or standardbred races run thereat of the amount, frequency and

manner of the payment or payments outlined in paragraph (b) of this

subdivision during the applicable calendar year.

3. Pre-race testing. (a) Blood or other biologic samples shall be

taken from at least three of the horses programmed to race or fifty

percent of horses programmed to race, whichever is higher, prior to the

race in which such horse is programmed, at a time and location specified

by the commission. Horses selected for such samples shall be selected at

random by the commission or its employees or representatives.

(b) The trainer or such trainer's representative shall accompany such

horse at the prescribed time and location and shall manage the horse as

directed. Willful failure to be present at, refusal to permit, or

interference with the taking of any sample pursuant to this subdivision

shall constitute a violation of this section and may subject the person

responsible to disciplinary action by the commission pursuant to this

chapter.

(c) Blood samples shall be taken by a veterinarian or veterinary

technician authorized by the commission and licensed to practice in this

state.

(d) Urine samples may be collected by a commission inspector or other

person authorized by the commission.

(e) Whenever an on-track test indicates the presence of excess TCO2

levels, in a sample taken from a horse, the judges shall scratch the

horse from the race.

(f) Unless specifically permitted in writing by the presiding judge, a

horse from which a pre-race sample has been taken shall not be removed

from the grounds except for transport to the racecourse where such horse

is scheduled to race if such racecourse is not located on the grounds

where the sample was taken.