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Tuesday, June 11, 2013

New York Gaming Board Permitted to Conduct Out of Competition Testing

Welcome to out of competition testing New York standardbred horsemen.

In a defeat for the SOA of NY and the Empire State Harness Horsemen’s Alliance, a New York appeals court has reversed a lower court ruling which banned the racing commission from conducting out of testing competition.  The appeals court affirmed that regulators have broad powers to conduct such testing and farms that house race horses give up certain privacy rights by the fact they house horses in a highly regulated industry.

As a result, any standardbred within a 100 mile radius of a New York Harness track that is suspected of being within 180 days of racing may now be subject to out of competition testing.

The horsemen do win a minor victory in that the appeals court found out of competition testing which finds protein and peptide-based drugs, including toxins and venoms can not be grounds for penalties under the out of competition testing program as other regulations allow their use within certain time frames prior to races for valid therapeutic purposes.

it is unknown at this time when such testing will commence or if the horsemen will appeal to the highest court in the state, The Court of Appeals.

For a complete summary of the judge's decision, click here.

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