New York out-of-state testing raises concern!

[andymays]

http://www.drf.com/news/article/109807.html

Excerpt:

Horsemen on the Eastern Seaboard are raising concerns about a new policy scheduled to go into effect Jan. 1 that would allow the New York State Racing and Wagering Board to compel trainers to send horses that are based out of state into New York for out-of-competition drug testing.

While horsemen support the concept of out-of-competition testing, they are concerned that the out-of-state provision in the policy is arbitrary and unenforceable, according to Alan Foreman, the legal counsel to the National Thoroughbred Horsemen's Association, an organization that includes New York's horsemen's group. Under a provision of the rule, the board can demand that a trainer stabled within 100 miles of a New York track send his horses into the state for drug tests, even if the horses are located out of state. If the trainer refuses, the board can declare the trainer's horses ineligible to race in New York for 120 days.

"Someone has to tell me why it's 100 miles," Foreman said. "Why not 150 miles or 1,000 miles? It's arbitrary. And so if a trainer stabled 100 miles away has to ship in, what happens to the guy who is stabled 110 miles away?"

[andymays]

This sounds a little strange to me but I don't know enough about it. Maybe someone on the board can clarify the deal.

[onefast99]

In the event the NYS Racing and Wagering Board hears of or has any information on a trainer where as that trainer may be using illegal substances on his/her horses to enhance the horses ability to run the board has the right to test the horses urine and blood at anytime they deem necessary for horses that are within 100 miles of NY tracks if the trainer declines he/she will get a 120 day suspension to run at a NY track. As we know the detention barn at NY tracks is used to keep those from giving any horse anything within 8 hours of the race but this new rule would give the NYS Racing and Wagering board the ability to test long before the horse is even entered to run at a NY track and possibly test any horse the trainer in question may currently have within 100 miles of a NY track. The rule is being looked at by owners and trainers as a direct shot against NJ and Pa horses. The rule isn't at all similar to any other states current rules on pre-testing, in fact it is going to result in smaller fields for open races at NY tracks. What is needed is any trainer anywhere who may race at NY tracks should be subject to the testing. On the negative side is the cost to the owner for shipping the horse to NY for the testing, the testing should be done by an independent group so no bias could occur where the horse is presently stabled.

[fmolf]

I think nyra is to be commended for trying to weed out the cheats before they race at their tracks.Like Mr. Violette i believe the rule needs some tweaking but is an overall move in the right direction.Maybe it will result in larger fields as smaller trainers may ship in now with the knowledge that all the horses are clean.They will test i am sure horses of trainers with drug suspensions on their records already ,so overall i believe this is a start.

[Jackal]

I don't like the rule at all. I tend to follow my veterinarians instructions. I don't care what the NYRA thinks of it. The rule is to much to ask of anyone. I want my veterinarian focused on making my horses healthier. Not calling a NYRA official each time he treats my horse.

I can't see any horseman getting on board with this rule. Right now it's just blood doping agents and cobra venom. What are the rules going to be 5 years from now? The rule just stinks.

[DSB]

This article raises more questions than it answers.

When is a horse to be tested? Once he is entered? If there is any chance the horse will race in NY within 6 months? A month? A year? A week?

How long will the test be good for? Will a horse, once "cleared", have to be re-tested before each and every start?

How will a positive test be viewed by other jurisdictions? will it be an automatic suspension of the trainer? the horse? both? given no consideraton at all? and what happens if there is an appeal?

A cynic would say that this is a pro-active move by the NY authorities to discourage shippers before the purses skyrocket from slots, disguised by the "look at what we're doing to clean up racing" mantra. These rules are likely to be well received by NY horsemen who don't want outsiders carpetbagging their inflated pots. Smaller fields are what they welcome, not shun.

Anyone who has paid for shipping and horse care knows that this will likely wind up being an expensive proposition for anyone who wants to ship into NY to race - whether clean or not.

if someone is going to cheat, they will undoubtedly make sure they are 101 miles out of the jurisdiction of the NYRA.

[Nacumi]

In particular, officials are trying to catch the gyps who use blood doping agents like EPO, which pass out out of the horses' systems after a brief period of time, while the 'beneficial' effects remain. The only way to trap them and prevent them from using this advantage on race day is to conduct random, out of competition testing.

[Robert Goren]

NY is one of the very few places that is trying to get rid of the dopers. I say more power to them. I so sick of people trying justify the use of performance enhancing drugs.

[miesque]

Based on my very rough approximations, the following tracks are within this range

Meadowlands
Monmouth
Philadelphia Park
Presque Isle

However the following are outside the range:

Delaware (really close at 107, which is the distance between NYC and Wilmington, DE)
Penn National
Laurel
Pimlico
Suffolk Downs
Fair Hills

[kenwoodallpromos]

How about the NBA, MLB, NHL, or PGA extending this rule to their sports? Makes about as much sense.
(Oh yeh, I forgot- other sports have 1 standard and 1 jurisdiction!!!)LOL!!

[Linny]

Based on my very rough approximations, the following tracks are within this range

Meadowlands
Monmouth
Philadelphia Park
Presque Isle

However the following are outside the range:

Delaware (really close at 107, which is the distance between NYC and Wilmington, DE)
Penn National
Laurel
Pimlico
Suffolk Downs
Fair Hills


PID is WAY more than 100 miles from NY. It's out between NY and Ohio. Since the purses at AQU are dropping starting next week, I can't see why the PA guys would want to ship to NY and right now there is no one at Mon or MED.

The fact is that trainers may be able to claim illegal search of their property (the horse.) I'm also interested in the implications within the home jurisdiction for a horse stabled (say) at Philly. He tests positive and his trainer is banned from NY. What does PA do to him, if anything, based on a random test by another jurisdiction? What if they had NO intention of running him in NY?

[illinoisbred]

I find this all very strange and am curious why they are resorting to it .What do they know or strongly suspect?

[andymays]

It sounds to me like this is going to be one of those things done with "good intentions" that will turn into a nightmare for everyone involved.

[therussmeister]

PID is WAY more than 100 miles from NY. It's out between NY and Ohio. Since the purses at AQU are dropping starting next week, I can't see why the PA guys would want to ship to NY and right now there is no one at Mon or MED.

The fact is that trainers may be able to claim illegal search of their property (the horse.) I'm also interested in the implications within the home jurisdiction for a horse stabled (say) at Philly. He tests positive and his trainer is banned from NY. What does PA do to him, if anything, based on a random test by another jurisdiction? What if they had NO intention of running him in NY?

1) The PA guys would want to ship to NY because the purses are dropping, therefore the competition might be weaker.

2) Right now there is no one at Mon or MED, but this rule is for all time not just right now.

3) If they have no intention of running in NY they can refuse to be tested, then they would be banned from running in NY for a specific amount of time. This is not force of law; they don't come in with search warrants. Any trainer can refuse; they just can't run in NY then.

[saratoga guy]

I think nyra is to be commended...
...Not calling a NYRA official each time he treats my horse
if someone is going to cheat, they will undoubtedly make sure they are 101 miles out of the jurisdiction of the NYRA.

Just to clarify -- this isn't a NYRA rule... It was instituted by the NYS Racing and Wagering Board and applies to all tracks in the state -- harness as well as thoroughbred.

I find this all very strange and am curious why they are resorting to it .What do they know or strongly suspect?

This didn't come out of the blue -- and it isn't limited to New York State. Out-of-competition testing is something the Racing Medication and Testing Consortium has supported. It's done at jurisdictions overseas. And it's done at jurisdictions in North America.

Racing Medication and Testing Consortium
ARCI-011-022 Out of Competition Testing for Blood and/or Gene Doping Agents
http://www.rmtcnet.com/resources/Chapter_11_Model_Rules_10-09.pdf

Australia: "Racing Analytical Services Limited detected EPO during the screening of out-of-competition blood samples..."
http://www.racingpost.com/news/horse-racing/australia-father-and-son-training-team-charged-over-epo-positive/655496/

..."the Board of the Ontario Racing Commission (ORC) approved enhancements to the Out-of-Competition Program..."
http://www.harnesslink.com/www/Article.cgi?ID=72654

California racetracks conduct out-of-competition drug testing
http://www.usatoday.com/sports/horses/2007-02-28-california-drug-testing_x.htm

2007 Bloodhorse commentary: "...there is a solution. Detecting EPO is possible by the utilization of out of competition testing."
http://www.bloodhorse.com/horse-racing/articles/41233/commentary-out-of-competition-testing