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NOTICES

STATE HORSE
RACING COMMISSION

Urine and Blood Horse Test Samples; Thoroughbred Horse Racing

[48 Pa.B. 7292]
[Saturday, November 17, 2018]

 The State Horse Racing Commission (Commission) provides notice that on October 30, 2018, at its regularly scheduled public meeting, it issued an Order adopting an amendment to its existing thoroughbred regulation at 58 Pa. Code § 163.318(a) (relating to split samples) to clarify from which horses, blood and urine test samples shall be required to be taken after each race. The Commission discovered that the language between 58 Pa. Code § 163.313 (relating to urine samples) and § 163.318(a) of its regulations may cause confusion regarding the specific number of horses the Commission sends for post-race testing for drugs, medications and foreign substances. This regulation removes any ambiguity between those two provisions by utilizing verbatim provisions. This Order was adopted as a temporary regulation under authority of 3 Pa.C.S. § 9311(h) (relating to State Horse Racing Commission), under Administrative Docket No. 2018-10.

 The general purpose of the Order is: (1) to clarify from which horses post-race blood and urine test samples shall be specifically required; (2) remove any ambiguity between existing regulations at 58 Pa. Code §§ 163.313 and 163.318; and (3) to bring consistency between existing operational practices and procedures and the existing regulations.

 This temporary regulation will become effective upon publication.

 The Order and specific provisions have been posted and published on the Commission's web site and a copy may be accessed by the public at http://www.agriculture.pa.gov/Animals/RacingCommission/commission/Pages/Publications.aspx. The Commission will also provide copies of the Order and Annex A upon request directed to (717) 787-5539.

THOMAS F. CHUCKAS, Jr., 
Director
Bureau of Thoroughbred Horse Racing

Order

And Now, this 30th day of October, 2018, in accordance with its general jurisdiction to regulate all pari-mutuel horse racing activities, including the rules relating to post-race testing, and pursuant to its authority set forth in § 9311(h) of the Racing Act (3 Pa.C.S. § 9311(h)), in order to be consistent with its existing practices and procedures, the Commission hereby adopts the following temporary regulation amending its existing horse regulations at 58 Pa. Code § 163.318 (relating to split samples) to clarify from which horses blood and urine test samples shall be required to be taken after each race. The specific amendatory language is set forth in Annex A. This Order adopting the temporary regulation shall be published in the Pennsylvania Bulletin and shall be posted on the Commission's website. The amendatory language shall become effective upon publication.

RUSSELL C. REDDING, 
Chairperson

Annex A

TITLE 58. RECREATION

PART IV. HORSE RACE COMMISSION

CHAPTER 163. RULES OF RACING

ILLEGAL PRACTICES

§ 163.318. Split samples.

 (a) The test sample of the winner of each race and of a horse running an unusual or abnormal race and of any other horse as the stewards or the commission may direct shall be taken. If there is a problem in securing a test sample, the following procedures apply:

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[Pa.B. Doc. No. 18-1815. Filed for public inspection November 16, 2018, 9:00 a.m.]



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