N.Y. PML Law § 902-A

§ 902-a. Standardbred total carbon dioxide (TCO2) on-track drug\ntesting program. 1. Program. The commission shall establish and\nadminister a program to conduct on-track drug testing for excess levels\nof TCO2 in standardbred horses entered to race at licensed harness\ntracks in this state. Such program shall include on-track pre-race\ntesting done by the commission or its employees or representatives in\naccordance with this section and regulations promulgated by the\ncommission. For the purposes of this section, the term "TCO2" shall mean\ntotal carbon dioxide.\n 2. Recurring annual expenses. (a) The commission shall mandate an\nadditional amount to be added to start fees, outlined in subdivision one\nof section one hundred fifteen-a of this chapter, necessary to cover\nfifty percent of the costs to support the program established by this\nsection for the applicable calendar year.\n (b) The commission shall mandate corporations or associations\nauthorized under this chapter to conduct pari-mutuel betting at a\nstandardbred race meeting or standardbred races run thereat to make\npayment, or payments, to the racing regulation account in the amount\nnecessary to cover fifty percent of the costs to support the program\nestablished by this section for the applicable calendar year. The\ncommission shall determine the frequency and manner of such payments.\n (c) (i) No later than January thirty-first of the applicable year, the\ncommission shall notice the applicable organization representing at\nleast fifty-one percent of the owners and trainers using the facilities\nof the applicable corporation or association authorized under this\nchapter to conduct pari-mutuel betting at a standardbred race meeting or\nstandardbred races run thereat of the additional amount to be included\nin the start fees outlined in paragraph (a) of this subdivision during\nthe applicable calendar year.\n (ii) No later than January thirty-first of the applicable year, the\ncommission shall notice corporations or associations authorized under\nthis chapter to conduct pari-mutuel betting at a standardbred race\nmeeting or standardbred races run thereat of the amount, frequency and\nmanner of the payment or payments outlined in paragraph (b) of this\nsubdivision during the applicable calendar year.\n 3. Pre-race testing. (a) Blood or other biologic samples shall be\ntaken from at least three of the horses programmed to race or fifty\npercent of horses programmed to race, whichever is higher, prior to the\nrace in which such horse is programmed, at a time and location specified\nby the commission. Horses selected for such samples shall be selected at\nrandom by the commission or its employees or representatives.\n (b) The trainer or such trainer's representative shall accompany such\nhorse at the prescribed time and location and shall manage the horse as\ndirected. Willful failure to be present at, refusal to permit, or\ninterference with the taking of any sample pursuant to this subdivision\nshall constitute a violation of this section and may subject the person\nresponsible to disciplinary action by the commission pursuant to this\nchapter.\n (c) Blood samples shall be taken by a veterinarian or veterinary\ntechnician authorized by the commission and licensed to practice in this\nstate.\n (d) Urine samples may be collected by a commission inspector or other\nperson authorized by the commission.\n (e) Whenever an on-track test indicates the presence of excess TCO2\nlevels, in a sample taken from a horse, the judges shall scratch the\nhorse from the race.\n (f) Unless specifically permitted in writing by the presiding judge, a\nhorse from which a pre-race sample has been taken shall not be removed\nfrom the grounds except for transport to the racecourse where such horse\nis scheduled to race if such racecourse is not located on the grounds\nwhere the sample was taken.\n