Tag: pennsylvania state horse racing commission

Pennsylvania Commission Rescinds Ness Penalties From ’22

The Pennsylvania State Horse Racing Commission (PSHRC) has rescinded an Aug. 18, 2022, ruling against trainer Jamie Ness that suspended him six months and fined him $5,000 for a positive drug test for bufotenine in a winning horse at Parx.

Bufotenine is a psychoactive substance often referred to as “toad venom” because one of its sources is the skin of toads from the genus Bufo. In humans, it has been used for centuries in traditional forms of medicine as both a hallucinogen and a purported aphrodisiac. Starting in the 1990s, it briefly cycled into popularity as a street drug of abuse in the United States because of its ability to produce effects similar to those from mescaline and psilocybin mushrooms.

But another source of bufotenine is reed canary grass, a pasture plant. Ness's attorney, Drew Mollica, had argued that inadvertent contamination could have been a factor as the source of the traces of bufotenine that showed up in the positive post-race blood test of Crabs N Beer (Blofeld), who won a starter-optional claimer by 2 1/2 lengths as the 3-5 favorite on Feb. 23, 2022.

“Common sense and science carried the day, and a possible career-threatening suspension was rescinded,” Mollica told TDN. “The system is often draconian and unfair, but in this instance justice was served.”

The rescinded ruling, dated Mar. 6, 2023, reads as follows:

“The Association of Racing Commissioners International (ARCI) does not specify a threshold level for the substance Bufotenine. Based upon the PSHRC's analysis and investigation, the Commission has determined that the proper procedure would be to utilize the International Federation of Horseracing Authorities (IFHA) recommended residual limit of 10mcg/ml in urine. Based on the IFHA established threshold level, the finding in Sample No. 390762 will not be determined as a positive result. As such, there is no violation of the Commission's Rules of Racing. Therefore, the Parx Board of Stewards Ruling No. 22226PP is hereby RESCINDED.”

Mollica explained the appeals process this way:

“We appealed on numerous levels. We did not go to a hearing, but they investigated it, and this is what they came up with. Bufotenine is a known contaminant, and our premise was it's culled in urine. They never took urine from this horse. They only took blood. And we argued that it was a known contaminant, and it was a low number in blood, and it should never have been a positive at all.”

Ness is currently third in the North American training standings so far this year, and seventh based on earnings. He is currently atop the Parx leaderboard in both wins and earnings for 2023.

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Pennsylvania Commission Bans Lasix In 2-Year-Old, Graded Stakes Races

The Pennsylvania State Horse Racing Commission has banned the use of race-day furosemide (Lasix) in both 2-year-old races and graded stakes races at the state's Thoroughbred tracks, effective June 1, 2021.

“In order to ensure the health, safety, and welfare of Thoroughbred racehorses and to properly safeguard the integrity of racing, the Commission adopted this policy of limiting the use of Lasix as set forth below in accordance with national standards,” reads the Administrative Policy Notice distributed by the PSHRC.

In addition, an update from Pennsylvania HBPA executive director Todd Mostoller indicated that Tuesday racing will be added to the schedule at Penn National beginning June 8, with races being held Tuesdays, Wednesdays, and Fridays.

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Search Me? Penn National Assistant Starter’s License Revoked

Stewards at Penn National in Grantville, Pa., have revoked the license of an assistant starter who refused to allow himself or his car to be searched after the Pennsylvania State Horse Racing Commission said it “executed a search of all Penn National starting gate crew members after receiving intelligence that an assistant starter was providing electrical devices to jockeys.”

The assistant starter, Douglas A. Dietrich, was summarily suspended on Jan. 21, one day after he refused to allow a search, according to the ruling. On Jan. 22, following an emergency hearing and “after considering all testimony and evidence,” the occupational license of Dietrich was revoked.

Stewards found that Dietrich violated 7 PA. Code Section 181.18, 185.1 (c), 185.2, 185.12, 305.32, 305.33, 179.22 and 179.23.

— SECTION 181.18. Search within track premises.

— SECTION 185.1 ( c). General Provisions (c) By acceptance of a license, a licensee consents to search and inspection by the Commission or its agents of the licensee's person, personal property and areas under the licensee's possession, care or control. The licensee explicitly consents to the seizure of any prohibited medication, drugs, paraphernalia or other illegal devices or contraband in accordance with State and Federal law and with the applicable provisions of the act.

— SECTION 185.12. Grounds for refusal, denial, suspension or revocation of license.

— SECTION 185.2. Conduct of licensee. A licensee shall not, alone or in concert with another person, engage in inappropriate, illegal or unethical conduct which violates the Commission's rules and regulations of racing, is inconsistent with the best interests and integrity of racing or otherwise undermines the general public's faith, public perception and confidence in the racing industry.

— SECTION 305.32. Power of the Stewards.

— SECTION 305.33. Disciplinary action.

— SECTION 179.22. General Power of the Judges and Stewards.

— SECTION 179.23. Jurisdiction of Judges and Stewards.

The ruling stated that Dietrich is denied access to all grounds under the jurisdiction of the commission. He has 10 days to appeal the license revocation.

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Caballero Suspended for Whip Infraction at Parx

Parx Racing suspended jockey Hector Caballero for 10 days because of his “misuse of the riding crop” after the finish of the 10th race at Parx July 27. The incident occurred aboard Belongs to Babe in a maiden for fillies 3-year-old’s and up. On the date in question, Caballero and Belong to Babe crossed the wire in second behind Solid Gold Dancer, who was subsequently disqualified for interference with another rival. During the gallop out, Caballero struck his mount on the shoulder, which is in violation of the State’s recently implemented rules relating to whip use.

Following a July 30 hearing, the Pennsylvania State Horse Racing Commission stewards issued the ruling Aug. 3. The suspension is to run from Aug. 6-15.

Among the rules deemed by stewards to have been violated by Caballero:

  • “Prohibited use of the riding crop includes but is not limited to striking a horse: During the post parade or after the finish of the race except when necessary to control the horse.”
  • The stimulus provided by the use of the riding crop shall be monitored by the Stewards at all times so as not to compromise the health, safety and welfare of the horse.”
  • “A licensee shall not, alone or in concert with another person, engage in inappropriate, illegal or unethical conduct which violates the Commission’s rules and regulations of racing, is inconsistent with the best interests and integrity of racing or otherwise undermines the general public’s faith, public perception and confidence in the racing industry.”

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