The purpose of this Rule Development is to further clarify and describe the procedures performed by the Division in collecting samples from greyhounds and to create a rule specific to the greyhound sample collection process following the issuance of ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Pari-Mutuel Wagering

RULE NO.:RULE TITLE: 

61D-6.0052Procedures for Collecting Samples from Racing Greyhounds

PURPOSE AND EFFECT: The purpose of this Rule Development is to further clarify and describe the procedures performed by the Division in collecting samples from greyhounds and to create a rule specific to the greyhound sample collection process following the issuance of the final order in DOAH Case No. 18-0915.

SUMMARY: Sample collection procedures in greyhounds.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: 

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency. 

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic review conducted by the Agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 550.0251(3), (11), 550.2415(12) FS.

LAW IMPLEMENTED: 550.0251, 550.2415 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bryan Barber, Division of Pari-Mutuel Wagering, [e-mail], 2601 Blairstone Rd., Tallahassee, FL 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

61D-6.0052 Procedures for Collecting Samples from Racing Greyhounds

(1) Designating Greyhounds for Sampling:

Prior to the race, all greyhounds scheduled to race shall report to the detention enclosure for examination by an authorized representative of the division for the taking of urine and/or other such samples as shall be directed for the monitoring and detection of both permissible and impermissible substances. An authorized division representative shall attempt to collect a urine sample from the first two greyhounds that urinate. If the authorized representative is not able to collect a sample from both of the first two greyhounds that urinate, they shall continue to attempt collecting a sample from the next greyhound, or greyhounds, that urinate until either they have collected a total of two samples or there are no other greyhounds urinating from which they can collect  a sample.

(2) Collection of Samples:

(a) Urine and/or other samples shall be collected by an authorized representative of the division in an unused sample container supplied by the division, or its agent. Authorized representatives of the division shall wear unused gloves supplied by the division, or its agent, during sample collection until the sample container is sealed with its lid.

(b) Authorized representatives of the division shall use a sample card with a unique identifier to record the date of sample collection and the identification tattoo, microchip or name of the greyhound sampled or attempted to be sampled.

(c) The owner, trainer of record, or other authorized person is permitted to witness when the sample is collected from their greyhound.  Failure of an owner, trainer of record or other authorized person to witness and/or sign the sample card shall not preclude the division from proceeding with sample analysis.

(3) Sealing and Labeling of Samples:

(a) As soon as possible after a sample is collected, the sample container shall be sealed with its lid.

(b) The sample container shall be labeled with the sample card’s unique identifier.

(c) Evidence tape shall be placed over both the sample container and lid on at least two sides.

(d) The authorized representative of the division that sealed the sample container shall initial the evidence tape on the sample container.

(4) Storing and Shipping of Samples:

(a) After being sealed and labeled, the samples shall be stored in a locked freezer in a restricted area that is accessible by only authorized representatives of the division until the time of shipment. Samples shall be stored in a frozen state.

(b) The samples shall be shipped in an insulated container and, upon the completion of packing the samples for shipment, the shipping container shall be locked. All appropriate forms for shipment shall be completed and included with the shipment to ensure correct delivery and identification of the contents.

(c) The samples shall be shipped to the laboratory under contract with the division for testing of the samples via the laboratory’s contracted common carrier.

(5) Authority of the Division:

(a) The division investigator or other authorized representative is authorized to confiscate any legend or proprietary drugs, medications, unlabeled medication, medication with altered labels, medicinal compounds (natural or synthetic) or other materials which are found on the grounds of greyhound race tracks and kennel compounds or in the possession of any person participating in or connected with greyhound racing, including veterinarians and trainers, and which are suspected of containing improper legend or proprietary drugs, medications, medicinal compounds (natural or synthetic) or other materials which are illegal or impermissible under these rules. Such legend or proprietary drugs, medications, unlabeled medication, medication with altered labels, medicinal compounds (natural or synthetic) or other materials shall be delivered to the laboratory under contract with the division for analysis.

(b) The division investigator or other authorized representative is authorized to confiscate any evidence that an illegal or impermissible legend or proprietary drug, medication, or medicinal compound (natural or synthetic) may have been administered to a racing animal.

(c) Confiscated drugs, medications, compounds or other evidence shall be collected by an authorized representative of the division and sealed in an unused bag supplied by the division or its agent. The authorized representative of the division shall seal the bag opening with evidence tape and shall initial the evidence tape after sealing the bag. The authorized representative of the division shall label the bags collected with the collector’s name, the date of collection, the address or location where the evidence was collected, and, if there are multiple bags collected in the same location, the bags shall be numbered in sequential order. The sealed bag shall be stored in a locked area, cabinet or container accessible by only authorized representatives of the division. When necessary to determine the contents, the sealed evidence bag shall be sent to the laboratory under contract with the division for analysis.

(d) It is a violation of these rules for a licensee to threaten to interfere, actually interfere or prevent the taking of urine, blood, saliva or other samples authorized by Chapter 550, F.S. For such a violation, the division may impose any disciplinary penalties authorized by Chapter 550, F.S., or the rules promulgated thereunder.

Rulemaking Authority 550.0251(3), (11) 550.2415 (12) FS. Law Implemented 550.0251, 550.2415 FS. History–New ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Bryan Barber, Division of Pari-Mutuel Wagering, [e-mail], 2601 Blair Stone Rd., Tallahassee, FL 32399, [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jonathan Zachem, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 30, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 3, 2018 (v.44, n. 233)