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HISA Submits Prohibited Substances List to FTC

The Horseracing Integrity and Safety Authority (HISA) has submitted to the Federal Trade Commission (FTC) a technical document listing and categorizing 1,365 Prohibited Substances covered by HISA's anti-doping and medication control (ADMC) rules and further dividing them into subcategories of Banned Substances and Controlled Medications. The document is now subject to final approval by the FTC ahead of the ADMC Program's Jan. 1, 2023 implementation date.

This technical document was developed by HISA's ADMC Standing Committee and approved by the Horseracing Integrity & Welfare Unit (HIWU), which will administer the program. In a memorandum to racing participants, HISA ADMC Committee Chair Adolpho Birch summarized the contents of the document submitted, which underwent several modifications based on substantive feedback from racing participants and experts during a public comment period before submission to the FTC.

“The Prohibited Substances List is the result of extensive consultation with industry and subject matter experts and is informed by established research. Once approved by the FTC, it will serve as the backbone of HISA's ADMC Program set to take effect in the New Year,” said Birch. “Through our collective efforts led by the ADMC Committee, we are proud to introduce U.S. Thoroughbred racing's first-ever uniform Prohibited Substances list that will be applied on a national basis to advance integrity, transparency and accountability in the sport.”

“Effective anti-doping programs require clear guidance on prohibited substances, and we are pleased with the document that was submitted to the FTC,” said Ben Mosier, executive director of HIWU. “This list will play a key role in HIWU's assignment to enforce HISA's ADMC Program, and we are prepared to take on this critical responsibility on behalf of the Thoroughbred industry.”

In addition to listing and categorizing all prohibited substances covered by the ADMC Program, the document details detection times, screening limits and thresholds. The modified document submitted to the FTC is available on the HISA website.

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Senators Send Letter to HISA, FTC About ‘Chaotic’ Implementation Process

Four U.S. senators, Chuck Grassley (R-IA), Joe Manchin (D-WV), Joni Ernst (R-IA) and John Kennedy (R-LA), sent a letter to the Federal Trade Commission and Horseracing Integrity and Safety Authority Monday asking for clarification and explanation about HISA's ability to meet its upcoming July 1 implementation deadlines for the Horseracing Integrity and Safety Act (HISA).

“The Authority publicly stated in a December 2021 press release that it will not implement the Anti-Doping and Medication Control program by the statutory deadline of July 1, 2022,” the letter said. “This deadline is statutorily required and neither the FTC nor the Authority have the authority to extend this deadline. The Authority's release also makes clear that the Authority has not submitted proposed Anti-Doping and Medication Control program regulations to the FTC in compliance with the statute. HISA required the Authority to issue the rule for Anti-Doping and Medication Control not later than 120 days before the program effective date of July 1, 2022. This deadline has passed, and it appears the Authority failed to meet the statutory requirements.”

The letter also raised questions about reports of the Authority delaying rules regarding riding crops and horseshoes, calling the implementation process 'chaotic' and as a result difficult to comply with for horsemen.

“Recent news reports also highlight that the Authority will postpone enforcement of newly approved rules regarding horseshoes and riding crop specifications, initially set to take effect on July 1, 2022 under the Racetrack Safety Program. This is also concerning because we understand the initial rules were functionally impossible for industry participants to implement due to limited supply chain availability of horseshoes and riding crops. This raises questions about what industry representatives were consulted in the drafting of the rule. And now, only one week before the rule was set to take effect, the Authority published a notice announcing a one month delay in enforcement of these rules. This chaotic implementation process and poor communication by the Authority makes it difficult for industry participants to comply with the new rules and regulations. Additionally, continuously changing implementation dates for new rules and regulations, and last-minute delays, cause more confusion and difficulty with implementation.”

The National HBPA applauded the letter Tuesday, saying in a statement, “Hardworking, day-to-day horsemen and horsewomen want safe and clean horse racing, and the Authority is failing in its duty to realize this goal. The Authority and HISA staff are populated with members who do not offer a true inclusive representation for the entire industry, and because of that we are seeing what lack of proper input from all participants causes. They are brazenly violating federal law by missing deadlines and staff are admitting in public forums that the FTC gave them permission to do so. We fully support Senator Grassley's efforts to find out why this is happening.”

TDN has reached out to both the FTC and HISA for comment.

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HISA: FTC Approves Rules, Distribution of Cost

The Federal Trade Commission (FTC) has approved the proposed Enforcement and Methodology Assessment Rules in addition to the distribution of the 2022 cost assessments to state racing commissions, according to the Horseracing Integrity and Safety Authority (HISA) Friday. The effective date for the start of the Racetrack Safety Program is July 1.

“These developments bring us closer to fulfilling our mandate to protect the wellbeing of both horse and rider through uniform rules and accreditation standards,” said HISA CEO Lisa Lazarus. “The Racetrack Safety Program will expand veterinary oversight, impose surface maintenance and testing requirements, enhance jockey safety and implement voided claim rules, among other important measures that will go into effect on July 1.”

The Enforcement Rule (8000 Series) describes a range of violations and civil sanctions, establishes procedures for disciplinary and racetrack accreditation hearings, and grants the Authority investigatory powers.

The annual assessments were determined by the FTC approved Methodology Assessment Rule (8500 Series), outlining a process that aims to ensure fairness and equity across Thoroughbred racing jurisdictions.

The cost calculations represent each state's proportionate share of HISA's 2022 budget as required under the Act. Under the rule, HISA calculated 50% of each state racing commission's cost according to the total number of starts in covered races and the remaining half based on starts weighted for purses in covered races.

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National HBPA Issues Statement on FTC Approval of HISA Safety Rules

The Federal Trade Commission (FTC) approved the rules and accreditation standards that comprise the Horseracing Integrity and Safety Authority's (HISA) Racetrack Safety Program on Friday.

The National HBPA issued the following statement on Saturday:

“The Federal Trade Commission (FTC) on Thursday, March 3, 2022, issued an order approving without exception all the racetrack safety regulations propounded by the Horseracing Integrity & Safety Authority (HISA). The rubber-stamp order accepted without issue all of the proposed rules as well as acceptance of the Authority's responses to the comments submitted by industry participants.

The order recognized that many of the comments by industry stakeholders were useful and constructive to improve the rules. Yet, the FTC refused to disapprove any rule, nor did it direct such constructive changes be incorporated prior to approval. Instead, the FTC took the position that it would welcome future proposed rule modifications that the Authority decides to submit in response to comments received.

This FTC order makes crystal clear that this private entity of self-appointed rule-makers (i.e., The Authority) has unfettered power without governmental oversight to control the horseracing industry.

The illusion of governmental supervisory control was clearly dispelled with the FTC approving all of the Authority's proposals without exception. It also demonstrated that this private entity will make the rules without regard to the constructive comments of industry stakeholders.

The FTC's order affirms the significant concerns expressed in pending litigation that such a delegation of control is unconstitutional and that the input of those closest to the horseracing industry is no longer relevant.”

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