Chapter 431
AN ACT
SB 439
Relating to Oregon Racing Commission; creating new provisions; and
amending ORS 462.415.
Be It Enacted by the People of
the State of
SECTION 1. ORS 462.415 is amended to read:
462.415. (1) [No] An animal
[is entitled to] may not
participate in any race if:
[(a) It has been administered any drug after
entry in the race.]
(a) Less than 24
hours before post time the animal has been administered any drug that is
prohibited by the
(b) [It] The animal possesses in its
system, on race day, either prior to or at the time of the race any drug
detected by any of the testing methods approved by the [Oregon Racing] commission or customarily employed in the testing of
urine, saliva, blood or other samples from racing animals.
(c) [Its] The
animal’s performance was stimulated, depressed or otherwise affected in any
manner by use prior to or during the race of any electrical, mechanical or
other device not sanctioned by the commission.
(d) [It] The
animal fails to satisfy all of the conditions of the race prescribed by the
racing secretary.
(2) [No] A person [shall] may not enter or allow to
be entered in any race any animal if the person knows, or by exercise of
reasonable diligence should have known, that its participation is prohibited
under subsection (1) of this section.
(3) A trainer, upon
entering an animal and allowing it to participate in a race, represents that
the animal is in a fit condition and that its participation is not prohibited
under subsection (1) of this section. The trainer is responsible for and the
absolute insurer of the condition of the animal regardless of the acts of third
parties.
(4) An animal [which] that participates in
violation of subsection (1) of this section shall be disqualified and the order
of finish revised. If the animal is disqualified, its owner [shall] may not share or
participate in any purse, earnings, trophies or other emoluments of the race.
Any revision in the order of finish after a race has been declared “official”
by the stewards [shall] does
not affect the mutuel payoff to the public.
(5) Notwithstanding this
section or any other section in this chapter, the commission may, by rule,
adopt a medication program subject to commission control and supervision that
it finds to be in the best interest of racing. Notification to the public that
an animal is currently using a drug shall be left to the discretion of the
commission.
(6) Testing of samples
from racing animals may be performed only at laboratory facilities certified by
the commission as having the capability to provide timely, accurate test
results.
(7) Notwithstanding any
other provision of this chapter, the commission, by rule, may adopt tolerances
for medication, or residues thereof, that may be detected through tests
approved under subsection (6) of this section.
SECTION 2. The amendments to ORS 462.415 by section 1
of this 2007 Act apply to post times that occur on or after the effective date
of this 2007 Act.
Approved by the Governor June 15, 2007
Filed in the office of Secretary of State June 15, 2007
Effective date January 1, 2008
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