Proposed New Rule # 5.442
Statement of Authority, Basis And Purpose

The Statutory Authority for the adoption of this new Rule # 5.442 is Section 12-60-101, Section 12-60-201, Section 12-60-202, Section 12-60-204, Section 12-60-501, Section 12-60-503, Section 12-60-507, Section 12-60-507.5, Section 12-60-508, Section 12-60-801, Section 12-60-802, and Section 12-60-803, C.R.S.  

The Basis and Purpose for permanent adoption of this new rule in the Colorado Racing Commission Rules is two-fold:

1.	To delineate provisions for sample retention for potential later testing and regulatory response in an ever-evolving environment of unauthorized medication and drug use in racing.  Sample retention, coupled with the possibility of later testing, constitutes a safeguard against medication and drug use  which  is already categorically unauthorized under existing rules, but which may elude specific detection until improved or better-tailored testing methodologies become available.

2.	To preclude, in a later regulatory enforcement action based on the alleged presence of an unauthorized drug or medication in an animal during a race, the use of the fact of a prior distribution of purse monies either as a finding against or as an evidentiary presumption to rebut the alleged presence of the illegal medication or drug in the animal’s system during the race.

PROPOSED NEW RULE:

5.442  THE director MAY DIRECT THAT THE PRIMARY LABORATORY RETAIN AND PRESERVE BY FREEZING for possible future analysis ANY MATERIALS PROVIDED TO THE LABORATORY.  such materials MAY INCLUDE, BUT ARE NOT LIMITED TO, SAMPLES OF BLOOD, SAMPLES OF URINE, OR SEIZED DRUGS, MEDICINES, OR OTHER SUBSTANCES.  THE FACT THAT PURSE MONEY in a race HAS BEEN DISTRIBUTED PRIOR TO THE ISSUANCE OF A LABORATORY REPORT BASED UPON ANALYSIS OF SUCH MATERIALS SHALL neither CONSTITUTE A FINDING nor create a presumption THAT A SUBSTANCE PROHIBITED BY THESE RULES WAS NOT ADMINISTERED TO THE ANIMAL.