ARCI Asks FTC to Delay HISA’s Proposed Medication Rules

The Board of the Association of Racing Commissioners International (ARCI) has unanimously requested the Federal Trade Commission to delay final action on HISA's proposed Anti-Doping and Medication Control rules until the constitutional questions being litigated are resolved, they announced in a press release Wednesday.

“We cannot have a situation where an enforcement action is overturned because the authority of the enforcing entity to act is in question,” said Ed Martin, ARCI President. “The only way to avoid that is to delay approval of HISA rules leaving existing state rules and enforcement in place for the time being. The choice for the FTC is clear, state rules are better than no rules during this time of legal uncertainty. To approve them now with this legal uncertainty is an invitation to cheaters that you might get a free ride during the first 10 days in January, if not longer.”

The ARCI release also states: “Should the FTC approve the HISA rules and penalties were imposed for a violation of those rules the action could be appealed and potentially overturned and wiped away due to the finding in the Fifth Circuit that HISA is unconstitutional.

Likewise if a racing commission enforces the existing State anti-doping rule and penalties imposed for a violation are appealed using the argument that the federal rule preempts state action the possibility that it can be overturned also exists.

The only way to avoid this Catch-22 is to leave state rules and enforcement in place by delaying final action on the HISA ADMC rules.”

The ARCI has not taken a position on the pending litigation, although some member states have and are litigating the constitutionality of the Act.

The post ARCI Asks FTC to Delay HISA’s Proposed Medication Rules appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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British Horseracing Authority Updates Equine Anti-Doping Rules

The British Horseracing Authority (BHA) has confirmed a number of changes to its Equine Anti-Doping Rules this Wednesday, which will take effect from next month.

These changes follow a comprehensive review of the sport's anti-doping Rules announced in 2018, following a number of Disciplinary Panel cases which called into question the assumptions that had been made regarding the Rules and how they should be applied.

It was also felt that a review of these Rules would lead to them being made simpler to understand and follow, whilst ensuring they still protect those who work in, follow or bet on British Racing sufficiently from the threat of doping.

The BHA have consulted on both the Rules and associated penalties with directly with trainers and via the National Trainers Federation, with additional input from both the UK and World Anti-Doping Agencies and sports bodies such as the FEI.

Independent legal advice on Rule changes following on from the consultation has been provided by the specialist sports law practice, Northridge LLP.

The main changes to the Rules, which were last updated in 2015, relate to the circumstances in which the Responsible Person may be found in breach of the Rules but not be penalized when a case is heard in front of the independent Disciplinary Panel.

The new Rules do not require any changes to the processes or safeguards put in place by Trainers in their yards.

In summary the changes are:

  • If a horse tests positive for a prohibited substance, in order to avoid a penalty the responsible person must establish the precise source of the positive finding and that they had taken all reasonable precautions
  • Cautions are available for lower level breaches
  • Suspended sanctions are available for breaches

More information and the reasoning behind the changes can be read here. The new Rules and penalties can also be read in full by clicking “(Forthcoming)” on the BHA Rules website.

Tim Naylor, Director of Integrity and Regulation at the BHA, said:

“The culmination of this project has followed consultation with the appropriate parties as well as legal advice in relation to the Rule changes, and it is our hope that we now have a set of equine anti-doping Rules which are clear both for those who enforce them and those who are bound by them.

“We have to ensure that our Rules in relation to anti-doping are sufficiently robust, but also that as much as is possible in such a technical area everyone bound by the Rules understands what is required of them.

“Whilst in places the requirements upon the Responsible Person have been strengthened, there have also been changes to allow more appropriate penalties for lower and mid-level breaches of the Rules.

“We have communicated these changes now ahead of their implementation date next month to allow sufficient time for participants to ask any questions they may have prior to the Rules taking effect.”

The post British Horseracing Authority Updates Equine Anti-Doping Rules appeared first on Horse Racing News | Paulick Report.

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