Australian Harness Racing Rules 188-196
Prohibited Substances

 


Please Note:   All forms mentioned in the Rules are available from State Controlling Bodies. .

Please Note:  On 1st March 2008 Harness Racing Australia Inc (HRA) replaced Australian Harness Racing Council Inc (AHRC) as the organisation's name.  All AHRC's formal structures, rules, regulations, policies, processes etc., now pertain to HRA, and any reference to Australian Harness Racing Council Inc, AHRC, Council or The Council shall mean Harness Racing Australia Inc or HRA.
 

Determination of prohibited substance

188.  (1)  The Controlling Body may determine -

(a)  anything to be a substance;

(b)  a substance to be a prohibited substance;

(c)  a substance which in the opinion of the Controlling Body has or may have a certain effect to be a prohibited substance;

(d)  a substance coming within a nominated category or class to be a prohibited substance;

(e)  a substance when in or on a horse to be a prohibited substance;

(f)  a substance when in or on a horse at or above a nominated level to be a prohibited substance;

(g)  a substance when in or on a horse for a nominated time to be a prohibited substance.

(2)  When making a determination under sub rule (1) the Controlling Body may act under any paragraph or any combination of paragraphs in that sub rule.

188A.  (1) The following are prohibited substances:

(a)      Substances capable at any time of causing either directly or indirectly an action or effect, or both an action and effect, within one or more of the following mammalian body systems:-

the nervous system
the cardiovascular system
the respiratory system
the digestive system
the musculo-skeletal system
the endocrine system
the urinary system
the reproductive system
the blood system
the immune system

(b)     Substances falling within, but not limited to, the following categories:-

acidifying agents
adrenergic blocking agents
adrenergic stimulants
agents affecting calcium and bone metabolism
alcohols
alkalinising agents
anabolic agents
anaesthetic agents
analgesics
antiangina agents
antianxiety agents
antiarrhythmic agents
anticholinergic agents
anticoagulants
anticonvulsants
antidepressants
antiemetics
antifibrinolytic agents
antihistamines
antihypertensive agents
anti-inflammatory agents
antinauseants
antineoplastic agents
antipsychotic agents
antipyretics
antirheumatoid agents
antispasmodic agents
antithrombotic agents
antitussive agents
blood coagulants
bronchodilators
bronchospasm relaxants
buffering agents
central nervous system stimulants
cholinergic agents
corticosteroids
depressants
diuretics
erectile dysfunction agents
fibrinolytic agents
haematopoietic agents
haemostatic agents
hormones (including trophic hormones) and their synthetic counterparts
hypnotics
hypoglycaemic agents
hypolipidaemic agents
immunomodifiers
masking agents
muscle relaxants
narcotic analgesics
neuromuscular agents
plasma volume expanders
respiratory stimulants
sedatives
stimulants
sympathomimetic amines
tranquillisers
vasodilators
vasopressor agents
vitamins administered by injection

(c)  Metabolites, artifacts and isomers of the prohibited substances prescribed by sub rules (1) (a) and (1) (b).

(d)  An endogenous substance where the concentration of that substance is in the opinion of the Stewards unusual or abnormal.

(2)  The following substances when present at or below the levels set out are excepted from the provisions of subrule (1) and Rule 190AA: 

(a)  Alkalinising Agents, when evidenced by total carbon dioxide (TCO2) present at a concentration of 36.0 millimoles per litre in plasma.

(b)  Arsenic at a level of 0.30 micrograms per millilitre in urine.

(c)  Dimethyl Sulphoxide at a concentration of 15.0 micrograms per millilitre in urine or 1000 nanograms per millilitre in plasma.  

(d)  In male horses, other than geldings, 5a-estrane-3b, 17a-diol in urine (including both the free substance and that liberated from conjugates) at a concentration equal to or less than that of 5(10)-estrene-3b, 17a-diol in urine (including both the free substance and that liberated from its conjugates). 

(e)  Salicylic acid at a concentration of 750 micrograms per millilitre in urine or 6.50 micrograms per millilitre in plasma.

(f)  Free hydrocortisone at a concentration of 1.00 micrograms per millilitre in urine.

(g)  Testosterone -

       (i)  in geldings: free testosterone and testosterone liberated from its conjugates at a mass concentration of 20 micrograms per litre in urine,

       (ii)  in geldings: free testosterone at a mass concentration of 100 picograms per millilitre in plasma,

       (iii)  in fillies and mares:  free testosterone and testosterone liberated from its conjugates at a mass concentration of 55 micrograms per litre in urine,

       (iv)  In fillies and mares that have been notified as pregnant so as to comply with Rule 103B:  free testosterone and testosterone liberated from its conjugates at any concentration in urine.

(h)  3-Methoxytyramine (including both free 3-methoxytyramine and 3-methoxytyramine liberated from its conjugates) at a concentration of 4.0 milligrams per litre in urine.  

(i)  Boldenone in male horses other than geldings, (including both free boldenone and boldenone liberated from its conjugates) at a mass concentration of 15 micrograms per litre in urine. 

(j)  Theobromine at a mass concentration of 2.00 milligrams per litre in urine.

(k)  Cobalt at a concentration of 100 micrograms per litre in urine or 25 micrograms per litre in plasma.

(3)  The following are not prohibited substances:

      -  antimicrobials (antibiotics) and other antiinfective agents but not including procaine penicillin
      -  antiparasitics approved and registered for use in horses
      -  ranitidine
      -  omeprazole
      -  ambroxol
      -  bromhexine
      -  dembrexine
      -  registered vaccines against infectious agents
      -  orally administered glucosamine
      -  orally administered chondroitin sulphate
      -  altrenogest when administered to fillies and mares 

(4)  A trainer must notify the Stewards no later than 1 hour prior to the scheduled starting time of a race if the trainer’s horse has been treated with Antimicrobials (antibiotics and other anti infective agents) except Procaine Penicillin, Vaccines and antisera for the prevention of disease, or Mucolytics within the preceding 7 days. 

(5)  A trainer who fails to comply with sub-rule (4) is guilty of an offence.

Testing

189.  (1)  The Stewards may carry out tests and examinations to determine whether a prohibited substance was or is in or on a horse.

(2)  A test or examination may be made at any time and place.

(3)  A test or examination may be conducted on a horse alive or dead.

(4)  For purposes of testing or examining the Stewards may take possession of a horse for such period and subject to such conditions as they think fit.

(5)  The connections of a horse shall comply with any directions relating to testing and examining given by the Stewards.

(6)  For purposes of testing and examining a horse the Stewards may use the services of a veterinary surgeon or other appropriately qualified person.

(7)  Blood, urine, saliva, or other matter or samples or specimens may be taken from a horse for purposes of testing and examining and may be stored, frozen or otherwise dealt with, and shall be disposed of only as the Stewards may direct.

(8)  Where the Stewards suspect that a prohibited substance was or is in or on a horse or that blood, urine, saliva, or other matter or sample or specimen taken from a horse may contain a prohibited substance, they may withdraw the horse from a race, bar it from racing for a period, or give such direction about the horse as they consider appropriate.

(9)  It is an offence for a person to fail to comply with a direction given under sub rule (5) or sub rule (7) or sub rule (8) or to interfere with or prevent or endeavour to interfere with or prevent the carrying out of a test or examination.

Presentation free of prohibited substances

190.  (1)  A horse shall be presented for a race free of prohibited substances.

(2)  If a horse is presented for a race otherwise than in accordance with sub rule (1) the trainer of the horse is guilty of an offence.

(3)  If a person is left in charge of a horse and the horse is presented for a race otherwise than in accordance with sub rule (1), the trainer of the horse and the person left in charge is each guilty of an offence.

(4)  An offence under sub rule (2) or sub rule (3) is committed regardless of the circumstances in which the prohibited substance came to be present in or on the horse.

(5)  A horse is presented for a race during the period commencing at 8.00 a.m. on the day of the race for which the horse is nominated and ending at the time it is removed from the racecourse after the running of that race.

(6)  Where a trainer intends to leave another person in charge of a horse in the trainer's absence, then prior to doing so, the trainer must notify the Chairman of Stewards, and the notification must be in the manner, within the time, and containing the information determined by the Controlling Body or the Chairman of Stewards.

(7)  A person can only be left in charge of a horse by a trainer with the approval of the Chairman of Stewards.

(8)  A trainer who fails to comply with sub rule (6) or sub rule (7) is guilty of an offence.

Out of Competition Testing

190A.   (1)  When a sample taken at any time from a horse being trained or cared for by a licensed person has detected in it any prohibited substance specified in sub-rule (2):-

(a)  The trainer and any other person who was in charge of such horse at the relevant time shall be guilty of an offence.  

(b)  The horse may be disqualified from any race in which it has competed subsequent to the taking of such a sample where, in the opinion of the Stewards, the prohibited substance was likely to have had any direct and/or indirect effect on the horse at the time of the race.

(2)   For the purpose of sub-rule (1), the following substances are specified as prohibited substances:-

(a)  haematopoiesis – stimulating agents, including but not limited to erythropoietin (EPO), epoetin alfa, epoetin beta, darbepoetin alfa, and methoxy polyethylene glycolepoetin beta (Mircera);

(b)  insulins;

(c)  growth hormones;

(d)  insulin–like growth factor–1;

(e)  substances listed in Schedule 8 and Schedule 9 of the Standard for the Uniform Scheduling of Medicines and Poisons contained in the Australian Poisons Standard;

(f)  selective androgen receptor modulators (SARMS);

(g)  selective estrogen receptor modulators (SERMS);

(h)  selective opiate receptor modulators (SORMS);

(i)  peroxisome proliferator activated receptor 8 (PPAR8) agonists, including but not limited to GW 1516;

(j)  AMPK activators, including but not limited to AICAR (5–amino–1–β–D–ribofuranosyl–imidazole–4–carboxamide);

(k) other agents that directly or indirectly affect or manipulate gene expression;

(l)  hypoxia inducible factor (HIF)–1 stabilisers, including but not limited to ITPP (myoinositol trispyrophosphate); and hypoxia inducible factor (HIF) – 1 activators, including but not limited to Xenon and Argon;

(m) agents modifying myostatin function, including but not limited to myostatin inhibitors;

(n)  oxygen carriers including but not limited to perfluorochemicals, efaproxiral and modified haemoglobin products;

(o)  thymosin beta;

(p)  venoms of any species or derivatives thereof;

(q)  synthetic proteins and peptides and synthetic analogues of endogenous proteins and peptides not registered for medical or veterinary use;

(r)  anabolic androgenic steroids (other than an anabolic androgenic steroid which is present at or below the relevant concentrations set out in Rule 188A(2));

(s)  metabolites, artifacts and isomers of any of the substances specified in paragraphs (a) to (r);

(3) The substances bufotenine, butorphanol, 3–(2–dimethylaminoethyl)–4–hydroxyindole, N.N–dimethyltryptamine, Ketamine, methadone, morphine, pethidine and quinalbarbitone, and their metabolites, artifacts and isomers are excepted from the provisions of this Rule.

(4)  If any substance or preparation that could give rise to an offence under this rule if administered to a horse at any time is found at any time at any premises used in relation to the training or racing of horses then any owner, trainer or person who owns, trains or races or is in charge of horses at those premises is deemed to have the substance or preparation in their possession and such person shall be guilty of an offence.  

(5)  It shall be a defence to a charge under sub-rule (4) for the person in possession of such substance or preparation to prove that the substance or preparation was prescribed to him, for use by him, by either a qualified medical practitioner or veterinarian. 

(6)  Any person who attempts to obtain possession of a substance specified in sub-rule (2) or a metabolite, artifact or isomer of such substance, is guilty of an offence. 

Anabolic Steroids

190AA.  (1)  A horse must not, in any manner, at any time, be administered an anabolic androgenic steroid.

 

(2)  Any person who:

 

(a)  administers an anabolic androgenic steroid;

 

(b)  attempts to administer an anabolic androgenic steroid;

 

(c)  causes an anabolic androgenic steroid to be administered; and/or

 

(d)  is a party to the administration of, or an attempt to administer, an anabolic androgenic steroid,

to a horse is guilty of an offence. 

(3) Where the Stewards are satisfied that a horse has, or is likely to have been, administered any anabolic androgenic steroid contrary to this rule, the Stewards may prevent the horse from starting in any relevant race.

   

(4)  When a sample taken at any time from a horse has detected in it an anabolic androgenic steroid the horse is not permitted to start in any race:

 

(a) for a minimum period of 12 months from the date of the collection of the sample in which an anabolic androgenic steroid was detected; and

 

(b) only after an Anabolic Androgenic Steroid Clearing Certificate is provided in respect of a sample taken from the horse, such sample having been taken at a date determined by the Stewards.

 

(5) Any owner, lessee, nominator, trainer and/or person in charge of a horse registered under these Rules must, when directed by the Stewards or other person authorised by the Controlling Body, produce, or otherwise give full access to, the horse so that the Stewards or other person authorised by the Controlling Body may take or cause a sample to be taken and analysed to determine whether any anabolic androgenic steroid is present in the system of the horse.

 

(6) For the avoidance of doubt and without limitation, sub-rule (5) requires an owner, lessee, nominator and/or trainer to produce the horse, or otherwise give full access to the horse, even if the horse is:

 

(a)  under the care or control of another person; and/or

 

(b)  located at the property of another person.

 

(7)  Any person who fails to produce, or give full access to, a horse to provide a sample as required by sub-rule (5) is guilty of an offence.

 

(8)  In respect of a horse registered under these Rules, where an owner, lessee, nominator, trainer and/or person in charge of a horse is in breach of sub-rule (5), the relevant horse will not be permitted to start in any race:

 

(a)  for a period of not less than 12 months following the day on which the horse is in fact produced to the Stewards, or full access to the horse is otherwise given to the Stewards, so that a sample may be taken and analysed for anabolic androgenic steroids; and

 
(b) only after an Anabolic Androgenic Steroid Clearing Certificate is provided in respect of a sample taken from the horse, such sample having been taken at a date determined by the Stewards.

Log Book

190B.  (1)  A trainer shall at all times keep and maintain a log book:-

(a)  listing all therapeutic substances in his or her possession;

(b)  recording all details of treatment administered to any horse in his or her care and including as a minimum requirement:

(i)         the name of the horse

(ii)        the date and time of administration of the treatment

(iii)       the name of the treatment (brand name of active constituent)

(iv)       the route of administration

(v)        the amount given

(vi)       the name and signature of the person or persons administering and/or authorising treatment.

(2)   For the purposes of this rule treatment includes:

(i)         all Controlled Drugs (Schedule 8) administered by a veterinarian

(ii)        all Prescription Animal Remedies (Schedule 4)

(iii)       all Prescription Only Medicines (Schedule 4) prescribed and/or dispensed by a veterinarian for off label use

(iv)       all injectable veterinary medicines (intravenous, intramuscular, subcutaneous, intra-articular) not already included above

(v)        all Pharmacist only (Schedule 3) and Pharmacy Only (Schedule 2) medicines

(vi)       all veterinary and other medicines containing other scheduled and unscheduled prohibited substances

(vii)      all alkalinising agents

(viii)      all herbal preparations.

(ix)       shockwave therapy

 

(x)        acupuncture (including laser treatment)

 

(xi)       chiropractic treatment

 

(xii)      the use of any electrical stimulation device (including  transcutaneous electrical nerve stimulation (TENS))

 

(xiii)     magnetic field therapy

 

(xiv)    ultrasound

 

(xv)     any form of oxygen therapy including hyperbaric oxygen therapy.

(3)  Details of the treatment administered to any horse must be entered into the log book on the day of the administration.

(4)  A trainer shall upon request produce such log book or register for inspection by the Stewards.

(5)  A trainer shall retain possession of a log book for a period of two years.

(6)  A trainer who fails to comply with the provisions of sub-rule (1), (3), (4) or (5) is guilty of an offence.

Evidentiary certificates

191.  (1)  A certificate from a person or drug testing laboratory approved by the Controlling Body which certifies the presence of a prohibited substance in or on a horse at, or approximately at, a particular time, or in blood, urine, saliva, or other matter or sample or specimen tested, or that a prohibited substance had at some time been administered to a horse is prima facie evidence of the matters certified.

(2) If another person or drug testing laboratory approved by the controlling body analyses a portion of the sample or specimen referred to in sub rule (1) and certifies the presence of a prohibited substance in the sample or specimen that certification together with the certification referred to in sub rule (1) is conclusive evidence of the presence of a prohibited substance. 

(3)  A certificate furnished under this rule which relates to blood, urine, saliva, or other matter or sample or specimen taken from a horse at a meeting shall be prima facie evidence if sub rule (1) only applies, and conclusive evidence if both sub rules (1) and (2) apply, that the horse was presented for a race not free of prohibited substances.

(4)  A certificate furnished under this rule which relates to blood, urine, saliva, or other matter or sample or specimen taken from a horse shall be prima facie evidence if sub rule (1) only applies, and conclusive evidence if both sub rules (1) and (2) apply, that the prohibited substance was present in or on the horse at the time the blood, urine, saliva, or other matter or sample or specimen was taken from the horse.

(5)  Sub rules (1) and (2) do not preclude the presence of a prohibited substance in or on a horse, or in blood, urine, saliva, or other matter or sample or specimen, or the fact that a prohibited substance had at some time been administered to a horse, being established in other ways.

(6)  Sub rule (3) does not preclude the fact that a horse was presented for a race not free of prohibited substances being established in other ways.

(7)  Notwithstanding the provisions of this rule, certificates do not possess evidentiary value nor establish an offence, where it is proved that the certification procedure or any act or omission forming part of or relevant to the process resulting in the issue of a certificate, was materially flawed.

191A.   For the purposes of the Rules the plasma total carbon dioxide level in a horse shall be measured only by an approved instrument.

Possession on course

192.  (1)  No person, unless he has first obtained the permission of the Stewards, shall have in his possession either on a racecourse or in any motor vehicle or trailer being used for the purpose of travelling to or from a racecourse any prohibited substance or a syringe, needle or other instrument which could be used -

(a)  to administer a prohibited substance to a horse; or

(b)  to produce a prohibited substance in a horse.

(c)  to administer any medication or substance to a horse.

(2)  The Stewards may impose terms and conditions when giving permission under sub rule (1).

(3)  A person who fails to comply with sub rule (1) or with a term or condition imposed under sub rule (2) is guilty of an offence.

(4)  For the purposes of sub rule (1) possession includes control of and right of access to the prohibited substance or syringe, needle or other instrument.

Stomach tubing, atomisers and other devices

193.  (1)  A person shall not attempt to stomach tube or stomach tube a horse nominated for a race or event within 48 hours of the commencement of the race or event.

(2)  A person shall not attempt to use or use an atomiser, face mask or other device for the administration of a prohibited substance to a horse nominated for a race or event within 48 hours of the commencement of the race or event. 

(3)  A person shall not administer or allow or cause to be administered any medication to a horse on race day prior to such horse running in a race.

(4)  Notwithstanding the provisions of sub-rule (3), a person, with the permission of the Stewards may administer or allow or cause to be administered any medication to a horse on race day prior to such horse running in a race.

(5)  The Stewards shall order the withdrawal or disqualification of a horse that has been either treated or attempted to have been treated in breach of sub-rules (1), (2) and (3).

(6)  For the purposes of this Rule, medication means any treatment with drugs or other substances.

(7)  A person shall not allow or permit another person to attempt to perform or perform any of the actions prohibited by sub-rules (1), (2) or (3).

(8)  A person who fails to comply with sub-rules (1), (2), (3) or (7) is guilty of an offence.

Unregistered Substances

194.  A person who procures or attempts to procure or has in his possession or on his premises or under his control any substance or preparation that is not registered or labelled in accordance with either State or Commonwealth Legislation is guilty of an offence.

194A.  A person who sells, supplies, distributes or attempts to sell, supply or distribute any substance or preparation that has not been registered, labelled, prescribed, or obtained in compliance with relevant State and Commonwealth Legislation is guilty of an offence.

Disqualification

195.  A horse which has been presented for a race shall be disqualified from it if blood, urine, saliva, or other matter or sample or specimen taken from the horse is found to contain a prohibited substance.

195A.  (1)  This Rule is to apply to any race or series of races which the Controlling Body stipulates in the Conditions of Entry that it shall apply to;  such a race or races being a qualifying race for some other race.

(2)  If in relation to a race to which this rule applies a blood, urine, saliva or other sample or specimen is taken from a horse when it is presented for such race and a certificate from a person or drug testing laboratory approved by the Controlling Body certifies the presence of a prohibited substance in such specimen or sample then the horse shall be immediately disqualified from participating in any other race for which the race in question provides or provided a qualification for participation.

(3)  This rule is to have effect and to be conclusive irrespective of whether further testing procedures or other circumstances establish that the horse was presented for the race free of any prohibited substances.

Administering substances

196.  (1)  The Controlling Body may make determinations concerning the feeding, injecting, inserting or otherwise administering substances or prohibited substances to a horse.

(2)  A person who fails to comply with a determination made under sub rule (1) is guilty of an offence.

196A.(1)  A person shall not administer or cause to be administered to a horse any prohibited substance 

               (i)   for the purpose of affecting the performance or behaviour of a horse in a race or of preventing its starting in a race; or
               (ii)  which is detected in any sample taken from such horse prior to or following the running of any race.

(2)  A person who fails to comply with sub-rule (1) is guilty of an offence.

196B.  (1)  A person shall not without the permission of the Stewards within one (1) clear day of the commencement of a race administer, attempt to administer or cause to be administered an injection to a horse nominated for that race.

(2)  For the purposes of this Rule - 

(a)  One clear day means the twenty four (24) hour period from 12.01 a.m. to 12 midnight; 

(b)  Administering an injection to a horse means the use of a hypodermic needle or other instrument to introduce or extract any substance from the horse;

(c)  It is not necessary to establish whether any substance was injected or the nature of the substance injected. 

(3)  The Stewards shall order the withdrawal or disqualification of a horse that has been either administered or attempted to have been administered an injection in breach of sub-rule (1).

(4)  A person who fails to comply with sub-rule (1) is guilty of an offence.

196C.  (1)   A person must not administer an alkalinising agent in any manner to a horse which is engaged to run in a race:

(a)  at any time on the day of the scheduled race and prior to the start of the race;

  

(b)  at any time within one (1) clear day of the commencement of the race.

 

(2)  Any person who:-

 

(a)  administers an alkalinising agent;

 

(b)  attempts to administer an alkalinising agent;

 

(c)  causes an alkalinising agent to be administered; and/or

 

(d)  is a party to the administration of, or an attempt to administer, an alkalinising agent contrary to sub-rule (1) is guilty of an offence.

 

(3)  Where the Stewards are satisfied that a horse has, or is likely to have been, administered any alkalinising agent contrary to sub-rule (1), the Stewards may prevent the horse from starting in any relevant race.

 

(4)  For the purposes of this Rule:-  

 

one clear day means the twenty four (24) hour period from 12.01 a.m. to 12 midnight.
 

PLEASE NOTE:
Rules Effective from 1st September 1999 (State Controlling Bodies must adopt)
Rules Approved - 16th March 1999 (AHRC Meeting)
 

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