The purpose and effect of this proposed rule is to clarify and describe the rules governing the drug classification system and penalty schedule for horse trainers and owners, including penalties for Non-Steroidal Anti-Inflammatory Drug (NSAID) ...

Notice of Proposed Rule

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Pari-Mutuel Wagering

RULE NO.:RULE TITLE: 

61D-6.011Drug Classification System and Penalty Schedule for Horse Trainer and Owners.

PURPOSE AND EFFECT: The purpose and effect of this proposed rule is to clarify and describe the rules governing the drug classification system and penalty schedule for horse trainers and owners, including penalties for Non-Steroidal Anti-Inflammatory Drug (NSAID) violations.

SUMMARY: Rule 61D-6.011 is being proposed to clarify and describe the rules governing the drug classification system and penalty schedule for horse trainers and owners, including penalties for (NSAID) violations.

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); 550.2415(7), (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 Blair Stone Rd., Tallahassee, FL 32399, [phone].

THE FULL TEXT OF THE PROPOSED RULE IS: 

61D-6.011 Racing Horse Drug and Substance Classification System and Penalty Schedule Drug Classification System and Penalty Schedule for Horse Trainers and Owners.

(1) The purpose of this rule is to designate and classify prohibited substances and the corresponding penalties that the Division shall impose upon a finding that a horse participated in a race while impermissibly medicated or with a prohibited substance present in its their body. Nothing hereunder modifies the provisions of rules 61D-6.008, 61D-3.002, F.A.C., or rules promulgated under section 550.2415, F.S. The State of Florida has not established a Racing Commission. Any reference to a Commission within the incorporated document in Ssubsection (2) of this rule is not applicable as the State of Florida has not established a racing commission.

(2) The Division hereby incorporates by reference the classification system for drugs and substances and corresponding penalty schedule in the Uniform Classification Guidelines for Foreign Substances, version 8.0, revised December 2014, by the Association of Racing Commissioners International, Inc. (the “Classification and Penalty Guidelines”). An electronic copy is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-06400. In accordance with section 550.2415, F.S., the Uniform Classification Guidelines for Foreign Substances, version 8.0, revised December 2014, by the Association of Racing Commissioners International, Inc., is hereby incorporated by reference. An electronic copy is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-06400.

(3) The penalties corresponding to the drug or medication classification, as provided in the incorporated Classification and Penalty Guidelines, shall be imposed when a horse has been impermissibly medicated or determined to have a prohibited substance present in its body in violation of Section 550.2415, F.S. The penalties corresponding to the classification of a substance, provided by the incorporated document in subsection (2) of this rule, shall be imposed when the presence or a specific amount of a substance is identified in a urine or blood specimen in violation of Division rule or Florida Statutes. Penalties shall be imposed against racing horse trainers, pursuant to subsection 61D-6.002(1), F.A.C., and against the purse, sweepstakes, and trophy received by racing horse owners or trainers, pursuant to section 550.2415(2)(3)(a), F.S.

(4) The presence of more than one Non Steroidal Anti-Inflammatory Drug (NSAID) constitutes an NSAID stacking violation under the following conditions:

(a) A Class 1 NSAID Stacking Violation (Penalty Class B) occurs when:

1. Two non-steroidal anti-inflammatory drugs are found at individual levels determined to exceed the following restrictions:

a. Diclofenac – 5 nanograms per milliliter of plasma or serum;

b. Firocoxib - 20 nanograms per milliliter of plasma or serum;

c. Flunixin – 20 nanograms per milliliter of plasma or serum;

d. Ketoprofen – 2 nanograms per milliliter of plasma or serum;

e. Phenylbutazone – 2 micrograms per milliliter of plasma or serum; or

f. all other non-steroidal anti-inflammatory drugs – any and all findings above zero.

2. Three or more non-steroidal anti-inflammatory drugs are found at individual levels determined to exceed the following restrictions:

a. Diclofenac – 5 nanograms per milliliter of plasma or serum;

b. Firocoxib - 20 nanograms per milliliter of plasma or serum;

c. Flunixin – 3 nanograms per milliliter of plasma or serum;

d. Ketoprofen – 1 nanograms per milliliter of plasma or serum;

e. Phenylbutazone – 0.3 micrograms per milliliter of plasma or serum; or

f. all other non-steroidal anti-inflammatory drugs – any and all findings above zero.

(b) A Class 2 NSAID Stacking Violation (Penalty Class C) occurs when:

1. Any one substance noted in Subsection (a)1. above is found in excess of the restrictions contained therein in combination with any one of the following substances at levels below the restrictions so noted but in excess of the following levels:

a. Flunixin – 3.0 nanograms per milliliter of plasma or serum;

b. Ketoprofen – 1 nanogram per milliliter of plasma or serum; or

c. Phenylbutazone – 0.3 micrograms per milliliter of plasma or serum;

(c) A Class 3 NSAID Stacking Violation (Penalty Class C, fines only) occurs when:

1. Any combination of two of the following non-steroidal anti-inflammatory drugs are found at or below the restrictions in Subsection (a)1. a. - e. above but in excess of the noted restrictions:

a. Flunixin – 3 nanograms per milliliter of plasma or serum;                                                                     

b. Ketoprofen – 1 nanogram per milliliter of plasma or serum; or

c. Phenylbutazone – 0.3 micrograms per milliliter of plasma or serum.

(5)(4) The Division shall consider the following relevant mitigatingon or aggravatingon factors to deviate from the penalties provided by the Classification and Penalty Guidelines incorporated document in subsection (2) of this rule. Circumstances to be considered for the purposes of mitigation or aggravation of any penalty shall include the following:

(a) The impact of the offense to the integrity of the pari-mutuel industry.

(b) The danger to the public and/or racing animals.

(c) The number and date of prior violations of any penalty class in Florida and any other jurisdiction.

(d) The number of similar prior offenses.

(e) The time periods between offenses.

(f) The number of complaints filed against the licensee or permitholder, which have resulted in prior discipline.

(g) The length of time the licensee or permitholder has been licensed in Florida or any other jurisdiction.

(h) The deterrent effect of the penalty imposed.

(i) Any other mitigating or aggravating circumstances identified by the Division.

(6)(5) A violation of section 550.2415, Florida Statutes, shall require the full or partial return of the purse, sweepstakes, and trophy earned by the horse in the race at issue. The amount of the purse or sweepstakes required to be returned will be based on the penalty class of the substance found and any mitigating and aggravating factors in subsection (4) of this rule. An owner or trainer, who fails to return the purse, sweepstakes, and trophy to the original distributor ­as required by final within 60 days of the order, is in violation of this rule and shall be subject to further administrative action.

(7)(6) If a penalty within the Classification and Penalty Guidelines subsection (2) of this rule provides for a sanction in excess of the limitation contained in Ssection 550.2415(3)(a), F.S., the sanction imposed shall be reduced to an amount that does not exceed the statutory maximum limit.

Rulemaking Authority 550.0251(3), 550.2415(7), (12) FS. Law Implemented 550.0251, 550.105(7), 550.2415 FS. History–New 1-5-98, Amended 2-8-01, 3-4-07, 6-26-11, 1-10-16, 9-5-18, __________.

 

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: Halsey Beshears, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 20, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 20, 2019