Kentucky Horse Racing Commission Approves More Regulations On Clenbuterol

The Kentucky Horse Racing Commission approved modified race dates for Turfway Park, a request from Churchill Downs to convert their noncontiguous track extension facility into a simulcast facility, and new withdrawal requirements for administration of clenbuterol in their bi-monthly meeting on Dec. 8, 2020.

Turfway Park was originally granted 39 days for their 2021 Winter Spring meet. They did not request to change the number of days already allowed for their meet, just the specific dates and times during which the meet would take place as well as ship in dates.

“Turfway Park has already been awarded 39 days of racing for January, February, and March of 2021,” KHRC deputy general counsel Chad Thompson said.”The shift of dates will fall within the same months as the dates that were recorded. In addition, the shift in dates will not conflict with those of another thoroughbred track.”

The reason for the shift is a delay in the construction schedule at Turfway, which is undergoing a complete renovation by owner Churchill Downs Inc.

There was a series of amendments made to pre-existing regulations on clenbuterol use. The first amendment was made to make a new section within a drug regulation rule to include clenbuterol and specify that it is prohibited unless certain conditions are met. The first condition is that a clenbuterol prescription must be made for a specific horse based upon a specific diagnosis. The second condition is that the vet is required to provide a copy of the horse's treatment sheet to the equine medical director for review within 24 hours of administration. The third condition is that the horse must be placed on the vet's list for 21 days post-administration and must pass a blood and urine test at the end of the 21 days to be removed from the list.

The second amendment on clenbuterol regulations was made to a regulation on the acceptable threshold of clenbuterol. This new amendment states that the acceptable threshold is the level of detection in urine serum and plasma. The last amendment made states that clenbuterol may be administered if the treatment is pursuant to a prescription and reported to the commission.

Although the amendments were ultimately approved, there were some points made in regards to how the amendments are affecting the Standardbred community since those horses race more frequently than Thoroughbreds do.

“This, I think, is a case of punishing harness racing for the sins of the Quarter Horse people and Thoroughbred people,” Said commissioner Alan Leavitt in response to the proposal of the clenbuterol amendments. “There have been, as far as I know, no instances reported of a Standardbred being overly treated with clenbuterol in order to get a steroidal effect.”

The commission unanimously approved the conversion of the Louisville Thoroughbred Society to become a simulcast facility.

 

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Report: MGG Brings New Motion In Bankruptcy Case Alleging Zayat Committed Fraud

The lengthy legal battle between New York firm MGG Investment Group and Triple Crown-winning trainer Ahmed Zayat continued with a new move last week, according to Thoroughbred Daily News.

Zayat declared bankruptcy earlier this year, seeking Chapter 7 protection. Now, MGG is asking a federal judge to order that Zayat can't get his debts to the investment group forgiven because the company says the $24 million in loans Zayat still owes were acquired fraudulently.

“[I]t is a debt…that was obtained by use of a series of statements in writing that were materially false, respecting an insider's (Zayat Stables) financial condition, on which MGG reasonably relied, and that Ahmed Zayat caused to be made or published with the intent to deceive MGG,” read a complaint filed by MGG. “[I]t is a debt for willful and malicious injury caused by Ahmed Zayat to the property of MGG within the meaning of [the] Bankruptcy Code.”

MGG's suggestion that Zayat was dishonest in his representations to the company isn't new; the basis for its much-publicized suit against Zayat in Fayette Circuit Court in Kentucky is based partly on allegations that Zayat failed to disclose the sale of nine breeding rights to American Pharoah or turn over the proceeds to the lender.

Read more at Thoroughbred Daily News

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Davis Elected President of Turf Publicists of America

Wendy Davis from the Race Track Industry Program at the University of Arizona has been elected president of the Turf Publicists of America (TPA) for 2021 and 2022, it was announced Tuesday by outgoing President Amy Gregory. At the same time, it was announced that Najja Thompson from the New York Thoroughbred Breeders has been re-elected as a vice president, and because of a tie in the voting both Claire Crawford from the Del Mar Thoroughbred Club and Kevin Kerstein from Churchill Downs Racetrack have been elected vice presidents for the first time. Each will serve a two-year term in 2021 and 2022. Davis, Thompson, Crawford and Kerstein join vice presidents Tom LaMarra, Erin Shea and Amy Zimmerman and secretary-treasurer Dave Zenner, each of whom was elected to a two-year term last year.

The TPA, founded in 1951, is comprised of approximately 130 Thoroughbred racing publicists and marketing executives at racetracks throughout North America with the shared goal of promoting the sport of Thoroughbred racing.

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Diodoro Given 60-Day Suspension For Hydroxylidocaine; Stewards Stay Penalty For One Year

Trainer Robertino Diodoro has been suspended 60 days and fined $5,000 to for two hydroylidocaine positives in runners at Canterbury Park, but he won't be serving those days immediately. A ruling from the Minnesota Racing Commission's board of stewards last week indicated the officials ordered a stay of the suspension for 365 days due to unspecified “mitigating factors.”

The stay means that Diodoro will not serve the 60 days unless he has Class 1, Class 2, Category A or Category B medication violations in the 365 days following Dec. 1 of this year.

Minnesota Racing Commission executive director Steve May was unable, per Minnesota law, to offer comment on what mitigating factors prompted the stewards to stay the suspension.

Hey Kitten, the runner-up in the third race on Aug. 26 at Canterbury, tested above the legal threshold for 3-hydroxylidocaine, as did Catty Krys, sixth place finisher in Canterbury's fifth race Sept. 1. Both horses have been disqualified and are unplaced in those races. Split samples requested by Diodoro confirmed the positives.

Because the second violation happened before Diodoro could be notified of the first, the stewards also elected to treat both violations as one, which is common practice.

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