Chapter 8Drugging of Horses
Section § 24000
This law states that the public is interested in horse events and sales, so it's important to ensure these events are fair and honest. The goal is to control substances that unfairly improve performance or affect behavior, while allowing limited therapeutic use at horse shows and competitions.
Section § 24001
This section defines various terms associated with public horse events and sales in California. An 'event' covers competitions and sales like horse shows and endurance rides, which must meet specific criteria regarding entry fees and prizes. Some competitions, such as those under the California Horse Racing Board's jurisdiction or parade horse competitions, are excluded.
The 'event manager' is responsible for event registration and fee management. Horses include mules and asses and must be free of 'prohibited substances' which are drugs affecting performance. The terms 'therapeutic administration' and 'exempt medication' apply to necessary medical treatments under a vet's guidance. A 'public equine event' or 'sale' involves exchanges for participation, excluding racing stock sales. Other terms define substances affecting horses and responsibilities of trainers.
Section § 24002
This law states that the secretary is responsible for overseeing all activities described in this chapter, and they must ensure the rules and regulations are followed.
Section § 24003
Section § 24004
This law states that horses cannot compete in events if they have been given banned substances or even allowed substances that violate the rules of this chapter.
Section § 24005
This law states that horse trainers and owners are usually responsible for the condition of their horses, and they should be familiar with the rules and regulations. If a trainer can't perform their duties due to illness or being absent from an event, they must notify the event secretary or manager right away and appoint a substitute trainer. This substitute then takes on all the responsibilities of the original trainer regarding the horse's condition.
Section § 24006
This law states that if a trainer, owner, or anyone involved with a horse administers or tries to administer a banned substance to the horse, they can face penalties under this law. Anyone who helps or collaborates in this act can also be penalized. Both the trainer and owner must follow the rules after a vet gives medical treatment or medicine to a horse. However, veterinarians themselves won’t be penalized just for treating or prescribing to the horse.
Section § 24007
This law outlines penalties for horse trainers and owners whose horses receive illegal or improperly administered substances. They face fines ranging from $100 to $10,000 per violation. Additionally, violators can be suspended from public horse competitions for 90 days to a year during which they cannot participate. Winning horse owners must forfeit prizes and pay a $50 fee. The law allows for civil prosecution or penalties by the secretary, including giving the accused a chance to contest charges. Decisions by the secretary can be appealed within 30 days, and final rulings may be enforced as judgments without additional court fees.
Section § 24008
At a horse event, any horse can be examined by a licensed veterinarian from the department or their agent. This examination can involve physical checks, urine or blood tests, or other necessary procedures decided by the veterinarian. Technicians may assist under certain rules, and any horse present at the event or withdrawn from a class or sale within 24 hours before the event can be tested.
Section § 24009
This law states that it's a violation to refuse a veterinary examination or cooperation when a horse is selected for testing, regardless of whether it's competing. This refusal can result in the same penalties as violations related to banned or allowed substances. If chosen for testing, a sample must be collected from the horse unless the testing agent decides otherwise.
Section § 24010
This law states that if a horse's blood, urine, saliva, or other samples show a banned or allowed substance, it's assumed the substance was given to the horse. A hearing must take place if a test from a chemist shows these substances in violation of the rules, unless certain conditions are met or the substance is an exempt medication.
The trainer or owner won't face penalties or suspensions, and the horse won't be banned from competing, until a hearing is held and a written decision is issued.
Section § 24011
This law says that if a horse has been given a prohibited substance, it can't join any shows, competitions, or sales unless certain rules are followed. The medication must be for a legit illness, and a qualified person like a vet, owner, or trainer must give it. The horse needs to be kept out of events for at least 24 hours after being given the drug, or longer for specific drugs, like 90 days for anabolic steroids and 45 days for fluphenazine or reserpine. Details about the medication, including how much was given, how it was given, and why, need to be written down. This record should also have information about the horse and be signed by the person who gave the drug and the event manager. If everything is done correctly, this information will be considered in any related hearings to check if rules were broken.
Section § 24011.6
This law allows the use of approved therapeutic substances in certain events, as long as they are within the prescribed dosage limits set by the department. However, this does not apply to public auctions.
Section § 24012
This law requires that event managers charge and collect a fee for each horse involved in events or sales. The fee amount is set by the secretary with advice from a specific committee. Managers are informed of the fee when registering their event and must submit the fee along with an event report to the department within 15 days after the event ends. Records must be kept for two years and made available for department inspection if asked. Events over consecutive days with different judges but managed by the same manager are treated as one event for fee purposes.
If an event manager fails to pay the full amount due, they incur a penalty of 10% of the owed amount plus interest. They are personally responsible for these fees and penalties. The collected money goes into a designated fund and is used for things like drug testing and enforcement activities related to horse events.
Section § 24013
This section outlines the responsibilities of the secretary regarding the adoption of rules and an exempt medications list. The secretary must establish rules necessary to implement this chapter and create a list of exempt medications, which gets updated every January 1. Event managers receive this list when they register an event, and anyone can request a copy. The secretary must consult with an advisory committee before making regulations.
Section § 24013.5
This section outlines the formation and operation of an advisory committee appointed by the secretary. The committee, serving without pay, must meet at least yearly, with the option for more meetings as needed. A chairperson is elected initially and thereafter as decided by the committee.
Members can include diverse representatives from various horse-related associations and organizations within California, along with individuals concerned with preventing drug abuse in the equestrian industry. Additionally, a public member can be appointed by the secretary from committee-nominated candidates, representing the general public’s interests and having equal participation rights in the committee.
Section § 24014
This law states that when people are chosen to join an advisory committee, they should promote the interests of the industry they represent. The law also considers these representative efforts as serving the broader public interest.
Section § 24015
If you're hosting an event, you need to register it with the department at least 60 days beforehand, unless the secretary has different rules. If you don't register, you could be fined between $100 and $2,500, depending on your past record and attitude.
If you break the rules multiple times, you might also be banned from managing public equine events for 90 days to a year after a hearing. If you're suspended and still run an event, you'll have to pay the fine again for each event held during your suspension.
Section § 24016
This law states that the existing laws regarding horseracing will not be impacted by this chapter, particularly when it comes to selling or auctioning off racehorses or breeding stock for racehorses. These sales must occur at the premises of a racing association and be approved by the California Horse Racing Board. A 'racehorse' refers to any live horse eligible for horseracing in California where betting is allowed, unless they're participating in events covered by this chapter.
Section § 24017
This law states that horses one year old or younger that are entered in a public horse sale are not subject to the rules of this chapter if it's publicly announced that they have been given any drugs or medications, according to the rules set by the secretary.
Section § 24018
This law allows the secretary to accept money donations from individuals or groups interested in controlling the drugging of horses on behalf of the state. Any collected fines, penalties, fees, or donations are put into the Department of Food and Agriculture Fund. The interest earned on these funds is also included in this account. All the money is used to support the department's work related to this chapter.