March, 2023 | Horse Racing Free Tips

‘Seismic Change’ Ahead As HISA Rolls Out Medication Control Program March 27

When the Horseracing Integrity and Safety Authority's Anti-Doping and Medication Control program goes into effect as anticipated on March 27, testing will be conducted at one of six laboratories that are currently accredited by the Racing Medication and Testing Consortium, HISA chief executive officer Lisa Lazarus said on Thursday.

Speaking during a media conference call, Lazarus said the six labs selected by HISA and the Horseracing Integrity and Welfare Unit – the agency established to administer the rules and enforcement for HiSA – are the Ohio Department of Agriculture's Analytical Toxicology Laboratory; the Animal Forensic Toxicology Laboratory at the University of Illinois-Chicago; Industrial Laboratories in Denver, Colo.; Kenneth L. Maddy Equine Analytical Chemistry Laboratory at the University of California-Davis; Pennsylvania Department of Agriculture's Pennsylvania Equine Toxicology and Research Laboratory; and University of Kentucky Equine Analytical Chemistry Laboratory.

Three remaining RMTC-accredited labs not selected are the New York Equine Drug Testing and Research Program in Ithaca, N.Y.; Texas A&M Veterinary Medical Diagnostic Laboratory; and the University of Florida Racing Laboratory.

“We really think it's a momentous occasion and an important day,” Lazarus said in reference to the launch of HISA's Anti-Doping and Medication Control program. “It will be the first time ever that horse racing has a national, uniform, robust program.”

The uniformity extends to the laboratories selected to conduct testing, Lazarus said, indicating that the six labs will be testing for the same drugs and using the same levels at which to call positives.

The collection and chain of custody of samples will also be uniform – and paperless – Lazarus said. Collection kits and shipping procedures are standardized, she added, with samples sent to labs no later than the day after collection.

“When we did our audits of state racing commissions, they were all over the map with how they collected samples,” Lazarus said.

Racing states whose labs have contracted with HISA and HIWU will continue to have their samples tested in-state. For states like New York and Florida, whose labs have not been selected by HISA and HIWU, testing will be handled by out-of-state labs that Lazarus said “make the most economic sense from an efficiency standpoint.”

Dr. George Maylin, director for the New York lab, has been in charge of testing Thoroughbred and Standardbred races in the state since the early 1970s, first at Cornell University and then at Morrisville State College. The HISA/HIWU agreement will not affect Standardbred testing in New York or any other state. At this stage, neither Standardbred nor Quarter Horse racing is covered under HISA.

Something that will not be harmonized or uniform when HISA launches its medication program are various interest groups that either support or oppose it. Strident opposition to HISA was expressed by several individuals at the recent convention of the National Horsemen's Benevolent and Protective Association.

“When I ask a lot of these folks, 'What would you want out of an anti-doping program?' what they say is, 'We want to catch the cheaters. We want you to be realistic and measured about medications, and we want you to understand that sometimes there are contaminants in the environment that we can't control,'” said Lazarus. “And that's exactly what our program does.”

As an example, Lazarus outlined the first-of-its-kind Atypical Findings Policy that recognizes 27 substances that are the likeliest to cause positive tests through contamination. The test results are analyzed internally, she said, discussions with the responsible parties are held, and if “there's a compelling case and it's much more likely than not that it was contamination, it would be like the case never happened.”

One of the challenges cited by Lazarus is the spread of misinformation about HISA and the fact that many who are spreading it haven't taken the time to actually read the regulations.

“There's never been a national regulator,” said Lazarus. “There's a fear of the unknown. … There's a lot of distrust in our industry.”

Lazarus said she is focused on two things as HISA moves into its new phase.

“I want to make sure the program runs as smoothly and as well and as efficiently and as ethically as it possibly can, and build trust. If I can get those two things to happen as a team, I think we'll be successful. But change is always hard, and this is seismic change.”

The March 27 launch is contingent on anticipated approval of ADMC regulations on that date by the Federal Trade Commission, which oversees HISA. Because of a court order on pending litigation, HISA regulations on both its racetrack safety and ADMC programs are not being enforced in Louisiana or West Virginia. That litigation is ongoing, with two separate Courts of Appeals rendering different opinions on the law's constitutionality.

Last November, the Fifth Circuit Court of Appeals ruled the Horseracing Integrity and Safety Act was unconstitutional because it did not provide enough authority to the FTC for its oversight role of HISA. The case was sent back to a federal district court in Texas. The law was amended in December, strengthening the FTC's role, and the Sixth Circuit Court of Appeals subsequently ruled it constitutional. The issue may end up in the Supreme Court.

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Kentucky, Pennsylvania Approve Agreements With HIWU For Anti-Doping, Lab Services

Commissioners in Kentucky and Pennsylvania held special meetings this week to make decisions on whether to enter into agreements with the Horseracing Integrity and Safety Authority for its Anti-Doping and Medication Control (ADMC) program, which is slated to begin March 27. The program will include national, uniform drug regulations and will use standardized testing across states. It will be administered by the Horseracing Integrity & Welfare Unit (HIWU), using many of the existing laboratories that had previously been contracted by states to do post-race, pre-race, and out-of-competition testing.

Kentucky's commission voted unanimously to enter into an agreement with the organization with no discussion. The commission did include a caveat to the agreement that it would not collect fees from Thoroughbred racetracks and that agreement could be terminated if all or part of the federal bill creating the Authority was found unconstitutional by a court with no appeals remaining.

Pennsylvania's commission discussed the matter in an hour-long meeting which included input and questions from industry stakeholders. Their agenda broke the question of an agreement with the Authority into three parts — approval of the 2023 expenditure for operating costs related to national safety regulations, approval of an agreement with the Authority/HIWU for the ADMC program, and an agreement as to the routing of laboratory services through the Authority/HIWU.

According to a presentation from Thoroughbred Bureau director Tom Chuckas, Pennsylvania was assessed a total of roughly $6 million for all components of the national regulatory program for 2023. The commission believes that it will receive credits of roughly $4.8 million for utilizing existing staff and facilities like the test barns and sample collectors, etc. to administer Authority/HIWU rules, which leaves a bill of $1.2 million, roughly the amount of the costs of the safety program. The commission is paying those expenses from tax revenue, and is not passing those costs on to the racetracks or the horsemen. Chuckas said the costs for the safety portion of the program for the remainder of 2023 are similar to what they were in 2022.

The agreements before the commission only run through the end of 2023, thus allowing for renegotiation later if the first nine months of cooperation do not go well, according to Chuckas.

Todd Mostoller, executive director of the Pennsylvania Horsemen's Benevolent and Protective Association, expressed numerous concerns over the legal future of HISA, as well as hesitation that if the commission allocates money to the expenses of the programs, they won't have the funds to administer state regulations if HISA is found unconstitutional down the road.

Jeff Matty, executive director of the Pennsylvania Thoroughbred Horsemen's Association, expressed trust in the commission to act in the best interest of Pennsylvania racing stakeholders.

The PHBPA represents horsemen at Penn National and Presque Isle Downs while the PTHA represents horsemen at Parx Racing.

Russell Williams, president of the U.S. Trotting Association, cautioned the commission against approving agreements with the Authority or HIWU because he believes another federal alternative may be coming soon. The USTA and Hanover Shoe Farm, a Standardbred operation led by Williams, were parties to a lawsuit alleging the federal law creating HISA is unconstitutional.

“There is legislation about to be introduced in Congress,” Williams said. “Now, I know better than to make specific predictions, however the primary sponsor of this legislation has been talking with us. We provided him with a draft. The draft came from the national racetrack vets, from the HBPA, from the USTA, and it's already been through legislative services.

“This bill is a state-administered program so the states would form an interstate compact that would use state authority and state experience, state funding, and save millions of dollars over the HISA structure,” Williams said.

The Pennsylvania commission unanimously approved the $1.2 million cost of the safety program for 2023, noting that the commission had previously cooperated with the Authority when national safety rules went into effect in July and while the process had not been flawless, all parties were happy to continue cooperation.

The body approved an agreement for the anti-doping medication program with one vote against, from commissioner Darryl Breniser, and one abstention from Dr. John Egloff. It also approved the lab services agreement, with a vote against from Breniser and an abstention from Dr. Corinne Sweeney.

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Country Grammer’s Quest For Riches In The Dubai World Cup, And The Legacy Of Paul Pompa

Country Grammer will take his place in the starting gate Saturday night with a chance to not only defend his title in the $12 Million Dubai World Cup presented by Emirates Airline, but to be crowned the all-time richest horse in the World.

Currently the brilliant Australian champion Winx holds the title with $17,951,894 in lifetime earnings. With a win, Country Grammer would smash that number to an unimaginable $22,277,320. How he got there however, is a story of twists and turns.

Bred in Paris, Ky., by Drs. Scott and Debbie Pierce at their Omega Farm, he was a late foal, born May 11, 2017; the son of first-crop sire Tonalist and the fourth foal out of the Forestry mare, Arabian Song.

The breeders elected to enter him in the 2018 Keeneland September Yearling Sale. It was there, while consigned by Emma Quinn's Garrencasey Sales, that bloodstock agent Brooke Hubbard spotted him.

“It was my third year buying yearlings for my main clients and we were looking to just buy a couple that year,” Hubbard recalls. “I liked Tonalist as a first-crop sire and in fact got outbid on a different son of his the day before. When I saw him, he was overall balanced with a little pot belly. You could tell he was a bit immature but the raw shape was there with a nice hip and nice shoulder.

“We went to the back ring and a lot of people were looking at him but, when the bidding started, I made just two bids and we got him for $60,000. Right away instead of being happy, I said, 'Oh boy, did I miss something? Was there something wrong with the horse that no one else was bidding on him?'

“When we got him back to the barn and I sent photos to Ciaran Dunne – who was going to break him for us – and he wrote back that he looked good, I felt relieved.”

It was off to Ocala, Fla., where the horse referred to as “'17 Arabian Song” would receive his early training.

“When we sent him to get broke we weren't planning on pinhooking him,” Hubbard says. “But the farm kept saying how precocious he was and in December, when they sent a photo, you could see how well he was doing despite being a May foal.

“Ciaran messaged me and said he thought the horse would sell very well if we wanted to enter him in the April sale in Ocala,” Hubbard continued. “I called the clients to decide and they asked: 'Are we sure he isn't going to be a Grade 1 winner?' I told them you never know until you get them out there, and that has been our running joke now for the last few years, but we were very happy with the price we got for him at the time.”

Breezing Dreams

After working a quarter mile in :21-flat at the 2019 Ocala Breeders' Sales Co. Spring 2-Year-Olds in Training Sale, Country Grammer caught the eye of the well-respected bloodstock agent Pete Bradley.

“The first thing I remember was his breeze was exceptional,” Bradley remarked. “The way he used himself and galloped out. The frame was there, he was still a touch immature and on the narrow side but I thought there was a lot of improvement possible. I fell in love with him.”

Paul Pompa had enjoyed a memorable Kentucky Derby win in 2008 with Big Brown, and he was trying to get back there again. He reached out to Bradley saying if he saw anything he liked at the sales to let him know.

When Bradley sent over his short list of potential prospects, Pompa and his veterinarian advisor Dr. Chovanes agreed “'17 Arabian Song” was the one, and gave Bradley a shot to buy him.

When the final gavel fell on Hip 926, the board read $450,000.

“I think that was probably going to be our last bid, and that ended up being the first horse I ever bought for Mr. Pompa,” Bradley adds.

After the sale the horse was sent to WinStar Farm and farm trainer Destin Heath, as Pompa always liked his horses to enjoy some down time before heading to racetrack life.

“After 30 days, we started going slowly with him and you can see he was not overly big but the thing that stood out was the width he had and you could tell he was always well cared for, good minded and behaved very professional,” Heath said. “I called Paul and I told him '17 Arabian Song is going to be the best you had in a long time.”

Needing a name, Pompa's family decided on Country Grammer, after Grammy Award-winning rapper Nelly's famous 2000 song (the title of which has the correct “Grammar” spelling).

On July 19, 2019 he was finally ready to head for racetrack life and he was sent to trainer Chad Brown in New York. Right away, Brown saw talent from the horse but knew he needed a route of ground, so entered him in a one-mile turf race for his debut in October. Country Grammer would finish fourth that day but ran well, beaten less than two lengths for the win and two necks behind for second. Pompa's racing manager and top confidant, Jerry McClenin recalled calling Paul right after the race.

“I said 'Paul, you bought a turf horse for $450,000, I thought we were trying to go to the Kentucky Derby.' He said 'Don't worry he's not a turf horse, we trust Chad has a plan with him.”

Sure enough, he ran on the dirt next time out and stretched out around two turns to go 1 1/8 miles, and he won by three lengths over a strong field of maidens in New York.

From there he was firmly on the Derby trail, competing in the Grade 2 Fountain of Youth Stakes in his next start where he was beaten just a half-length for second while checking in fifth. After the race, he developed some bone bruising and with COVID-19 closing down tracks around the country, it was decided to him send back to WinStar and Heath for some rest.

“When he came back to me, he had really filled out and grown about a hand,” says McClenin. “The thing about him was he was always competitive. The horses we breezed him with, he wouldn't want to distance himself from them but he never lost a piece of work on the farm; he would always win by a head or half length.”

With COVID-19 forcing the delay of the Kentucky Derby until September, the team had another crack at making it to the famous race. Heath sent Country Grammer back to Brown in Saratoga and after a third-place finish in an allowance race he finally put it all together in an impressive score in the Group 3 Peter Pan Stakes.

Travers Defeat And Tragic Loss

“He was a grinder, we really liked him but he was never fancy,” McClennin said. “We were excited to go to the [Grade 1] Travers Stakes after the Peter Pan but once again he didn't exit that race in perfect order and we had to send him back to WinStar again.

“When he came back after the Travers, Paul said 'I don't know whats wrong with him, do what you do best and fix him,'” Heath says.

They found a minor problem and were two weeks into treatment when the phone rang. Paul Pompa had passed away suddenly at the age of 62 from a heart attack.

“I had just talked to him the day before,” Heath recalled. “We talked every Tuesday at 3 p.m.; for 5 years it was our ritual. I always looked forward to those phone calls. He was such a genuine person and loved the horses.”

“We were all in shock when he passed,” McClennin says. “Then, we are at the reading of his will and it says 'Jerry McClennin will sell all the horses,' and I almost fell on the floor. I was in shock and disbelief but it was what Paul wanted. We decided to enter all of them in the Keeneland January sale in a few months.”

Fifty horses were entered including Country Grammer, who was starting to progress from his time off but had not yet started breezing back. Bradley, who had been following his career with Pompa, didn't have an order to try and buy him for another client.

“Everyone said he had too much time off, something must be wrong, but then I looked over and Elliott Walden was bidding on the horse and I kicked myself for not going after him harder,” Bradley said.

“Elliott called me when the horse was in the ring,” Heath recalls. “He was at $70,000 and asked me what was wrong with the horse, and I told him, 'Nothing, the horse is fine, vets fine, we have been working on him, maybe he just fell through the cracks.'”

Walden secured the purchase of Country Grammer at $110,000 for WinStar Farm. Finally, the horse who had spent so much time on the famed farm was going to be wearing their colors.

A new syndicate was forming at the time named Commonwealth Thoroughbreds, who came and took a share with WinStar and they decided to send the horse to Hall of Fame trainer Bob Baffert to point for the long-distance stakes races in California.

McClennin says: “I thought he had snuck through the cracks when we sold him so cheap but to be honest we were all in such a fog during the sale, missing Paul. When he got to California, he starting working in :59 [seconds]. I said to myself, 'This horse has finally put it all together.'”

The move paid dividends immediately, with a second in the G2 Californian Stakes and a win in the G1 Hollywood Gold Cup Stakes.

Country Grammer was sent to Todd Pletcher on the East Coast to prepare for the G1 Whitney Stakes, but within a month more problems appeared.

“We had shipped to the East Coast and our partnership was offering syndication shares on him for $50 a share,” said Chase Chamberlin, co-founder of Commonwealth. “As soon as he got hurt, we offered full refunds and about 10 percent took it, leaving us with 72 partners.”

Once again, he was sent to his home away from at home WinStar Farm and, after minor surgeries to clean him up, a new partner arrived.

Amr Zedan And The Middle Eastern Strategy

Saudi Arabian businessman Amr Zedan was looking for a horse he thought could compete in the Middle East in its biggest races in 2022 and Baffert suggested Country Grammer.

The deal was struck and Zedan became majority owner, sending the horse back to Baffert in late summer when he had recovered again.

The barn elected to go right to the $20-million Saudi Cup off a nine-month layoff, where he finished a hard-charging second.

He moved forward to the $12-million Dubai World Cup where his grinding style was needed and he determinedly willed himself to the wire in front earning the largest cash prize of his career: $7.5 million.

After recovering at WinStar following his Middle Eastern triumphs, the plan was made to again try another excursion. He tallied three straight second-place finishes in graded stakes races before an impressive win in the G2 San Antonio Stakes on Boxing Day at Santa Anita, and another near miss in Saudi Cup, before heading to Dubai, where all eyes will be on him to see if he can eclipse the pantheon of all-time top-earning horses.

All of his connections both past and present will be watching with bated breath.

“My friend owns three shares in the syndicate now,” McClennin jokes. “We always root for him, we only want the best for him. He just keeps grinding along.

“I know for a fact, Paul is up there smiling down now, just happy for the horse, the fans, the groom; all the people who have bought in. This horse has touched so many people's lives,” Heath added. “It was such a big loss, and yet we see the rippling effects of Paul Pompa's legacy. His handwriting is all over the world capped by Saturday.”

“I'm going to watch the race by myself,” Hubbard said. “I'm a silent cheerer, I'll be very excited. You always hope for the best every time he runs.”

“I'm sure the emotions and feelings will be just as high Saturday as last year, but we are always so proud of this horse and no matter what happens we will love him forever,” Chamberlin said.

Perhaps most fittingly of all, the lyrics of that famed Nelly song may have tipped us off all along: “It's all because, 'ccumulated enough scratch just to navigate it.”

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Federal Bill To Replace HISA Reportedly In Pipeline

A federal bill aimed at replacing the Horseracing Integrity and Safety Act (HISA) with a regulatory system modeled around an interstate compact is reportedly in the pipeline.

The president of the United States Trotting Association (USTA), Russell Williams, disclosed the news about the pending legislation Mar. 21 during a special meeting of the Pennsylvania Horse Racing Commission (PHRC).

Williams addressed the PHRC Tuesday just prior to the board voting in favor of entering into three nine-month agreements with the HISA Authority that pertain to the Racetrack Safety Program, the Horseracing Integrity and Welfare Unit (HIWU), and the Laboratory Services Agreement.

Williams was urging the board to consider future implications prior to taking its vote, and one of the issues he brought up was the looming potential for a replacement regulatory structure.

“It's not just a possibility out there. It should be happening in the near future,” Williams said.

“There is legislation about to be introduced in Congress [and] the primary sponsor of this legislation has been talking with us,” Williams said. He did not disclose who that senator or congressman is.

“We provided him with a draft,” Williams continued. “The draft came from the [North American Association of] Racetrack Veterinarians, the HBPA, and the USTA. And it's already been through legislative services, [which has] put it in Congressional format, and as soon as the primary sponsor has his team put together, the bill will be introduced.

“This bill is a state-administered program,” Williams said. “So states would form an interstate compact. They would use state authorities, state experience and state funding, and save millions of dollars over the HISA structure.

“The legislation is health- and safety-focused,” Williams said. “It provides all of the same benefits to the racing industry that HISA does. It is science-based, and this is one of the problems we've had historically with the approach of HISA; it's in the HISA statute, the arbitrary nature of the regulatory approaches in words and statute, the Lasix ban.”

Williams said that the new legislation would be underpinned by “state administration, a science basis for making policy decisions, and a funding model that can be afforded by the racing industry.”

TDN could not independently confirm the involvement of the National Horsemen's Benevolent and Protective Association (NHBPA) with the pending legislation. A phone message left for the NHBPA's chief executive officer, Eric Hamelback, did not yield a return call prior to deadline for this story.

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