Implementation of Substantive Changes and Procedures Pertaining to Equine Drugs and Reporting R...
NY-ADR
8/21/13 N.Y. St. Reg. RWB-08-13-00006-A
NEW YORK STATE REGISTER
VOLUME XXXV, ISSUE 34
August 21, 2013
RULE MAKING ACTIVITIES
NEW YORK STATE GAMING COMMISSION
NOTICE OF ADOPTION
I.D No. RWB-08-13-00006-A
Filing No. 817
Filing Date. Aug. 06, 2013
Effective Date. Aug. 21, 2013
Implementation of Substantive Changes and Procedures Pertaining to Equine Drugs and Reporting Requirements for Thoroughbreds
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 4043.2(e)(9), (g)(5)-(16), (i) and 4043.4(b) of Title 9 NYCRR.
Statutory authority:
Racing, Pari-Mutuel Wagering and Breeding Law, sections 103(1), 104(1), (19) and 902(1)
Subject:
Implementation of substantive changes and procedures pertaining to equine drugs and reporting requirements for thoroughbreds.
Purpose:
To protect the health and safety of thoroughbred race horses, jockeys, and exercise riders.
Text of final rule:
Subdivision (g) of section 4043.2 of 9 NYCRR is amended as follows:
4043.2 Restricted use of drugs, medication and other substances.
(g) The following substances are permitted to be administered by any means until 96 hours before the scheduled post time of the race in which the horse is to compete:
(1) acepromazine;
(2) albuterol;
(3) atropine;
(4) butorphanol;
[(5) clenbuterol;]
[(6)](5) detomidine;
[(7)](6) glycopyrrolate;
[(8)](7) guaifenesin;
[(9)](8) hydroxyzine;
[(10)](9) isoxsuprine;
[(11)](10) lidocaine;
[(12)](11) mepivicaine;
[(13)](12) pentoxifylline;
[(14)](13) phenytoin;
[(15)](14) pyrilamine;
[(16)](15) xylazine.
[They may not] None of these substances may be administered within 96 hours of the scheduled post time of the race in which the horse is to compete. In this regard, substances ingested by a horse shall be deemed administered at the time of eating and drinking. It shall be part of the trainer's responsibility to prevent such ingestion within such [96 hours] 96-hour period.
Paragraph 9 of Subdivision (e) of section 4043.2 of 9 NYCRR is amended as follows:
(9) hormones [and steroids] (e.g., [testosterone, progesterone, estrogens,] chorionic gonadatropin[, glucocorticoids])[, except in conjunction with joint aspiration as restricted in subdivision (i) of this section; the use of anabolic steroids is governed by section 4043.15 of this Part];
Subdivision (i) of section 4043.2 of 9 NYCRR is amended to read as follows:
(i) In addition, a horse [which has had a joint aspirated (in conjunction with a steroid injection)] may not race for [at least five days following such procedure, and whenever such procedure is performed, the trainer shall notify the stewards of such fact, in writing, before the horse is entered to race] the following periods of time:
(1) for at least five days following a systemic administration of a corticosteroid;
(2) for at least seven days following a joint injection of a corticosteroid; and
(3) for at least 14 days following an administration of clenbuterol.
In this regard, substances ingested by a horse shall be deemed administered at the time of eating and drinking. It shall be part of the trainer's responsibility to prevent such ingestion within such time periods.
New Subdivision (b) is added to section 4043.4 of 9 NYCRR to read as follows:
(b) Trainers shall maintain accurate records of all corticosteroid joint injections to horses trained by them. The record(s) of every corticosteroid joint injection shall be submitted, in a form and manner approved by the Board, by the trainer to the Board within 48 hours of the treatment. The trainer may delegate this responsibility to the treating veterinarian, who shall make these reports when so designated. The reports shall be accessible to the examining veterinarian for the purpose of assisting with pre-race veterinary examinations.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 4043.2(g).
Text of rule and any required statements and analyses may be obtained from:
Kristen M. Buckley, New York State Gaming Commission, One Broadway Center, Suite 600, Schenectady, NY 12305-2553, (518) 388-3332, email: [email protected]
Revised Regulatory Impact Statement
The Gaming Commission made two stylistic changes to subdivision (g) of section 4043.2 of Title 9 of NYCRR, in comparison to the Notice of Proposed Rulemaking which published the proposed amended text in the February 20, 2013 State Register. Both changes only improve the writing style of the rule.
These nonsubstantive changes do not make any change in the meaning or effect of this rule. Such changes do not necessitate a revised Regulatory Impact Statement.
Revised Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
As is evident by the nature of this rulemaking and the nonsubstantive changes that were adopted to subdivision (g) of section 4043.2, in comparison to the previously published rule, this will not have an adverse affect on jobs or rural areas. This proposal concerns the restricted administration of certain drugs to thoroughbred race horses, the testing procedures to ensure compliance with those restrictions, and reporting of the administration of certain drugs. These medications – corticosteroids and clenbuterol – are currently permitted and will continue to be permitted but under different administration schedules. These schedules will have no impact on jobs or rural areas. This amendment is intended to reduce equine deaths in thoroughbred racing, and as such will have a positive effect on horseracing and the revenue generated through pari-mutuel wagering and breeding in New York State. This will not adversely impact rural areas or jobs or local governments and does not require a Rural Area Flexibility Statement or Job Impact Statement. Further, the adopted rules’ nonsubstantive changes, in comparison to the published Notice of Proposed Rulemaking in the February 20, 2013 State Register, are only stylistic changes in the first and last sentences of the concluding paragraph in subdivision (g)i of section 4043.2, in Title 9 of the NYCRR. As only stylistic changes, such changes do not necessitate a revised RFA, RAFA, or JIS.
Initial Review of Rule
As a rule that does not require a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2018, which is no later than the 5th year after the year in which this rule is being adopted.
Assessment of Public Comment
The agency received no public comment.
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