The purpose of this rule amendment is to remove the current rule language applicable to racing greyhounds and to update testing methodologies, measurement uncertainties, and screening limits for racing horses. The rule amendment ....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Pari-Mutuel Wagering

RULE NO.:RULE TITLE:

61D-6.007Permitted and Prohibited Substances for Racing Greyhounds

PURPOSE AND EFFECT: The purpose of this rule amendment is to remove the current rule language applicable to racing greyhounds and to update testing methodologies, measurement uncertainties, and screening limits for racing horses. The rule amendment further codifies those guidelines encapsulated in Emergency Rule 61DER21-2, F.A.C. and replaces the existing rule language that has become obsolete pursuant to Article 10, section 32, of the Florida Constitution.

SUMMARY: Testing Methodologies, Measurement Uncertainties, Screening Limits for Racing Horses

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 HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Thursday, April 22, 2021, 1:00 p.m. – 4:00 p.m.

PLACE: The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering will announce details for an online and telephonic hearing facilitated through GoToMeeting in a corresponding meeting notice published in the FAR.

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 61D-6.007 follows.  See Florida Administrative Code for present text.

61D-6.007 Testing Methodologies, Measurement Uncertainties, Screening Limits for Racing Horses Permitted and Prohibited Substances for Racing Greyhounds.

(1) Testing Methodologies: Methodologies used to screen for and confirm the administration of medications, drugs, and naturally occurring substances in racing horses shall be limited to the following: Immunoassay, Liquid Chromatography Mass Spectrometry (LCMS), Gas Chromatography Mass Spectrometry (GCMS), Clinical Refractometer, and/or Specific Gravity.

(2) Measurement Uncertainties: The Division hereby incorporates by reference the Division Laboratory Measurement Uncertainty Schedule containing the established levels. An electronic copy can be located  at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX. 

(3) Screening Limit for Prohibited Substances in Racing Horses: Any and all findings above zero that are over the limit of detection, under any condition of use, for prohibited substances shall be considered a violation of Section 550.2415, F.S.

Rulemaking Authority 550.0251(3), (11), 550.2415(7), (12) FS. Law Implemented 550.0251, 550.2415 FS. History–New 10-20-96, Amended 6-6-00, 6-6-04, 4-12-06, 6-26-11, 8-1-19,                                   .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Bryan A. 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: Julie I. Brown, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 22, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 26, 2021